HomeMy WebLinkAboutTB-08/25/1987 3-0 3
SOUTHOLD TOWN BOARD
AUGUST 25, 1987
WORK SESSION
Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards '(9:25
A.M.) , Councilman Paul Stoutenburgh, Councilwoman Jean. W. Cochran, Council-
man George L. Penny IV, Town Clerk Judith T. Terry. Councilman .James A.
Schondebare absent during the entire day; present at evening regular meeting.
9:10 A.M.. - The. Board met with Mr. John Kehoe and his dog, Bumper, the official .
Suffolk,-County Bicentennial Mascot,- to have photographs taken.
9: 15 A.M. - For Discussion Items: (1) Letter from Long Island Office Equipment, .
Inc. guaranteeing their.-Olivetti receipting station proposal for-the Tax Receiver
is compatible ,wi th the .1 BM system proposed for the Town Hall. Board wi II' auth-
orize the purchase of the Olivetti . system (see resolution no. 27) . (2) Memorandum
from the Town Clerk suggesting that standards be established and. the Town
Clerk be authorized to issue Special Permits for non-profit 'organizations. Board
agreed this would be more efficient and referred the proposal to the Code Committee
for amendment of Chapter 27 'of the Code.
9:20 A.M. - Peter Kren, Southold :Town Promotion Committee, along with-.several
other members, appeared before the Board to answer any questions .concerning
the submission of bills for expenses at the Laurel Booth.. Supervisor Murphy
advised Mr. Kren there were '-no problems, the money is 'in the budget, and the
bills are in: the audit'for payment today. Councilman Penny stated he had spoken
to Mr. Kren since item VI-7. appeared on the agenda listing liabilities -and a copy
of the voucher sumitted fo-r payment, and thinking there might be a ,problem,
asked him. to come to the Work Session in the event an explanation would be needed.
9:25 A.M. - Continued For Discussion Items: (3) Amendment of the salary resolution
of Margaret Nieman, Supervisor of. the Safe BT1. Mosquito Larvacide. Program on
Fishers Island (see resolution no. 28) . (4): Computerization of'Town Hall .Depart-
ments will be discussed with Accountant John Cushman - 11 :55 A.M. (5)' Request -- .
by the Town Clerk for Board to review all present permit fees to determine any
changes to be made for 1988.. Board members wily review and discuss .at the
September 8th work session. (6). Request from the Southold Park District for
waiver of the application fee for a.Wetland Permit '(see resolution no. 29) . (7)
Listing of bills received from Southold Town .Promotion Committee - was discussed
at 9:20 A.M. with Peter Kren. (8) Proposal. from. H2M. Group for engineering
services in' connection with the construction of a gate keeper's building at the
Savenger Waste';Treatment Facility. This will .be held. Councilman Penny recommlends
the purchase of a refurbished trailer.
9:35 A.M. Board met with Planner David:, Emilita to again'discuss .the proposed
Generic'Environmental Impact. Statement with .respect to the proposed. Local Law.
to amend the-. Zoning Ordinance and Zoning...Maps. In response to the Board's
suggestion the Planning. Board had reviewed the deletion. of.Al_ter.nate Airport
Sites and the East Marion. Northerly Road.. from the Master Plan Update Summary.
A resolution covering these points was adopted by the Planning Board at their
August 24th. regular meeting. Councilman Penny. questioned the deletion°of Section
100-118 concerning non-conforming uses and buildings which he contends affects
many lots and. structures within the Town. Mr. Emilita will seek a legal opinion
from Special Attorney Yakaboski and report* back to' the Board.
10:00 A.M. - Board. continued For .Dis.cussion Items: '(9) Request of Senior Services
Director Venetia McKeighan to.: provide the benefit package to cub_contractor
Van- Driver Webster McNeill: Board will request Accountant John Cushman to
review the costs as well as legality. (10) Creation of the position of Administrative
Aide for the Planning. Board (see resolution no. 30) . .(11) Letter from the Fishers
.Island Civic Association, Inc. suggesting the employment of Environmental Consultant
Larry Penny to go to Fishers Island on a weekly basis and review construction
in the area of wetlands. Since there are no funds available in' the 1987 Budget,
Supervisor Murphy will speak with. Larry Penny relative to costs for this 'seFvice
and review his proposal with the Board for inclusion in' the 1988 Budget. (1.2)
Letter from .Youth Counselor Mary Ann Fleischman who is resigning in mid-September,
offering to stay with the ToughLo.ve Program if a replacement cannot be found.
Board will consider this alternative.
304 AUGUST 25, 1987
-- 10:30 A.M. - Aldo Andreoli , 'Ph.D. , Director of the Division of Environmental
Health Services, County of Suffolk, p.resented..a slide program and question and
answer session for the Town Board concerning the Suffolk County Comprehensive
Water Resources Management Plan, as prepared by Dyverka and Bartalucci (Mr. .
Bartalucci was also present) .
11 :55 A.M. Accountant John Cushman met with the Board relative to the proposal
of IBM for hardware and Triangle Consulting for sofware for the proposed computer-
azation of the Town Hall departments. The Board agreed to .go forward with
the program and will.-authorize Special Counsel Yakaboski to being preparation
of a $225,000 bond resolution. Mr. Cushman advised that Letters of ,Intent to .
IBM and Triangle Consulting would be sufficient for those companies to .begin
ordering the required equipment (see resolution no. 32) .
EXECUTIVE SESSION
12:20 P.M. - Board met with Charles Graves relative to engaging his services
as the Town's negotiator for the upcoming i✓SEA -contract.--Other personnel matters
were also discussed.
12:40 P.M. - Recess for lunch.
2:25 P.M. - Work Session reconvened and the Board reviewed proposed Regular
Meeting resolutions.
2: 35 P.M. - Board met.with Special Attorney Frank. Yakaboski. Mr. Yakaboski
advised the. Board the Open Space resolution to be placed-on the..G.eneral Election
ballot will be ready for the Board's action at the September 8th Board meeting..
He also advised the. Board that. progress has been made on the West Creek Estates'
requesting for a Road. Improvement District. The Wilsbergs, owners of the roads
in West Creek: Estates, will redeem the property from the County and then turn
the roads over to the property owners association or -an individual. of the association.-,
after which steps can .be taken to create a Road Improvement District.
2:45 P.M. .- Southold' Town Landmark .Preservation .Commission members, John
Stack, Chairman, Joy Bear, William Peters, Ralph Williams and.Joseph Townsend,
Jr. appeared before the Board to discuss the proposed new Landmark Law which
was the subject of a controversial public. hearing on August 11th. -The Commission
realizes that the Board cannot enact the law as it stands. and will begin work
amending it meet many of the objections, after which they will submit. it to the
Code Committee for review. The Committee stated .they would have no objection
to the Town Board rejecting the proposed law: (see resolution no. 34) .
3: 10 P.M. - Board audited outstanding vouchers.
4: 30 P.M. - Work Session. adjourned.
AUGUST 25, 1987 305
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, August
25, 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 James A. Schondebare
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
Town Clerk Judith T. Terry
SUPERVISOR MURPHY: I'd like .to welcome everybody to this Southold Town Board
meeting. The first order of business is 'a resolution to approve the audit, of the
bills of August 25th.
Moved by Councilwoman. Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that the following audited bills .be and hereby are ordered paid: General
Fund Whole Town bills in the amount of $25,015. 42; General Fund- Part Town bills
in the amount of $15,161.'23; Highway Department bills in the amount of $25,408. 07;
Fishers Island Ferry District bills .in the amount. of. ,$8,060.21; Wendy Drive Road
Improvement District gills,i.n' the amount of $7,940. 85; Agricultural Land Capital
Account bills- in' the amount of $1.,400'.'00; Fishers Island Sewer District bills in the
amount of $26'9.77. .
Vote of the Town Board :: Ayes: Councilman Penny, Councilwoman-. Cochran, Council-'
man Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Councilman
Schondebare.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is 'to approve the minutes of the August 11th, '1987
Town Board meeting.
Moved by Councilman Stoutenburgh, seconded by .Councilwoman Cochran, it was
RESOLVED that the minutes of the August 11, '1987 Southold Town Board meeting
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 September
8th, 1987, 7: 30 P.M.., Southold Town. Hall.
Moved by Councilman Stoutenburgh, seconded .by Justice Edwards, it was -
RESOLVED _that the next Regular Meeting of the Southold Town Board will be held,
at 7:30 P.M. , Tuesday, September 8, '1987, at the Southold. Town Hall, Main Road, r
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.
I . REPORTS.
SUPERVISOR MURPHY: The first item on the agenda are Reports. These Reports
are all on file in' the Town Clerk's Office for' anyone .who would like to read them. =-
1. Southold Town Dog Pound - report for July, 1987.
2. Police Department report for July, :1987.
3. Employees leave time taken and overtime worked - report. for July, 1987.
4. Supervisor's monthly budget. report - July, 1987.
5. Assessors report. - July and August, :1987.
6. Councilmen's Reports. At this 'time -I'd like to ask the Councilmen if they
have anything special to report, starting on my right with George.
COUNCILMAN PENNY: Yes, thank you, Frank.. On the' 12th I attended a meeting
of the Code Committee, which I'm sure that the chairman will report on. On he
13th we spent the whole day in the Town Hall with. Triangle Consultants -and DLH
software representative and a representative--no, IBM didn't show .-up that day,
discussing the Town's computer needs, and the result is a resolution tonight, number
32 . which is aoina into a., new system for the Town of Southold. 0
n the 17th I
306 AUGUST 25, 1987
attended a-imeeting of Buildings and Grounds which Chairman Cochran will report
on. On the 19th I attended the Town Water Meeting at the Peconic Senior/Youth
Center. On the 20th I was fortunate to be able to visit Fishers Island and .met
with civic'-representatives-of there and discussed their upcoming affordable housing
program. The Judge was gracious enough to provide.me and my .guest with lunch,
lobster salad. It was a great day, beautiful .Island, and I wish I could spend more ,
time there. Then on this morning, the 25th, I attended a meeting -of the Police
Committee. And that's all.
SUPERVISOR MURPHY : Thank you,. George. Jay?
COUNCILMAN SCHONDEBARE: Yes, Frank, thank you. We attended the Police
Committee meeting this 'morning and delt with personnel, so we are not at liberty
to discuss it. We did 7have a Code Committee meeting, and basically what we're
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went over it 'in some detail. A lot of questions .in trying to simplify and steamline
it 'and make it 'more encompassing at the same time. Another meeting tomorrow night
of the Code Committee to continue it; although the Planning Board has advised me
that they haven't .finished redrafting it. We sent it back to them and told them
to start over again; and they haven't finished it.'yet, so the Code Committee meeting
tomorrow night has been cancelled. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Jay. Paul?
COUNCILMAN STOUTENBURGH: Well, I've beeri to these Code Committee meetings
also, and I think the important thing though that came out of the last two weeks
is 'our Water Informational Meeting that was held up at the Peconic Center. We were.
a little disappointed in the attendance, but I think it's the first step that.the Water
Advisory Committee is going to make in educating the public of the water problems
and solutions that Southold Town faces, and the more of these we have the more
we spread the word .that these educational programs are coming up the better it's
going to be. Some of you have .already seen the poster we see right, along in our_
-hall outside here, "Have You Had Your Water Tested Lately?" This is one.of the
things the Water Advisory Committee is trying to do to get the public aware to check
their own water. And the way you do. it.'is 'to call into Town Hall, they'll. then
send you the forms and: then this 'will be passed, on to the Health Department and
action will be taken. So I think our concept of awakening the public is the most
important thing I've-see in' the last two weeks, Frank, thank you..
SUPERVISOR MURPHY: Thank you, Paul. Jean?
COUNCILWOMAN COCHRAN: Yes, as George mentioned, we did have a meeting
on Buildings and Grounds. As many of you are -aware, or may not be aware, we're
bursting at the seams here for a lack of space. We felt that we had to finally face
and solve this problem. We did sit down and look at a plan that -had been developed
by Fairweather=;Brown, our. Architects, and it looks. like the direction we are going
to be going is '-our first thought. was .to put an addition on the -back that would
serve as the offices we require. He came up .with a concept that I think we agreed
we .liked better -and it was cleaner.:; that this area you are now sitting in is going
to become the office area _and the addition will be the assembly hall. And one of
the things while we're putting on this addition would be to enlarge it 'so we have
a little larger seating capacity. . So we.will' be going .into this 'building' program.
It's sorely needed, believe me. Also on the 18th I met with our.Recreatioh Director'
Ken Reeves. We are putting into place--Ken has .now been here.to get his feet
wet a little bit; and we met and discussed our; Recreation Advisory Committee. It '
will be consisting of a youth from each of .the three high schools, two adult school- .
personnel, one representative from Youth. Services, . one from each of the senior
clubs, and one representative. from Handicapped Services, and these people will
have the opportunity to give .input .to the Rec Department for helping and to develop
programs. .We find that our younger programs and ou.r senior programs--there seems
to be many 'ideas for programming, and they seem to work .very well, but the hardest
area to serve is our teen youth. So we're hoping that .this Board, with a cross-
section of different ages working together, "they can begin to understand one anoth
problems a little bit better and maybe we can come up with servicing our youth
with additional programs. The only problem we're having--we're looking at a date
to begin our monthly meetings--we're going to be meeting once a month--and the
calendar at the Rec Center is filled. We're having. problems finding places to schedule
our own programs, in addition our own meetings, so this 'is something that the Rec
Committee is going to have 'to deal with in the very near future. Also I've been
. spending time working with Wage and Policy: We have a resolution on tonight for
guidelines 'for part-time employees which will .just_ clean up the process a little better.
On the 24th I met with James McMahon,who is Community Developer, and .Mary. Ann
Fleischman, who is 'in charge of our Youth..Services. She is resigning her position.
She's heading back to college to obtain' her Masters, and we'd like to thank her
for the job that she's done for Southold Town and wish her well. In addition, on
the 19th I attended_ the Water Meeting of which Paul spoke. T-his 'evening at 5:00
o'clock, after our Work Session all. day, I did attend :the meeting 'of the Town Green.
_The Committee is still busy working on plans. The meeting tonight consisted mai"nly.
AUGUST 25, 1987 307
of the plans and arrangements for the mailing. They're going to be doing a mailing
to the general public soliciting funds to help complete the project on the Village
Green. Other incidentals were the electricity and the irrigation and the water and
many technical aspects to the project. . Also I'd like to announce that we're very
pleased. I've been working with Jim McMahon and Mary Ann Fleischman in developing
a Designated Driver Program for the Town of Southold. We all realize that one
of the important things is to foster public 'awareness in the area of drinking. We
feel that an- educated person as far as not mixing drinking and driving is one of
our goals. We will be kicking off the program on Thursday, September 3rd at 10:30
A.M. We're very pleased and honored that Michael LoGrande,. County Executive,
will be joining us. The County also has a program in relation to DWI which he
is pushing. They've got a fantastic poster and so forth. So we're tieing our kick-
off into that. It will be both a promotion of the County program, but it's mailing
the kick-off of our program, and I would like to encourage the press to please be
i_n ,?tt-r.d Pnrcfa, Itl.- e: .'. "c rnnfnrence ir,' o f;nrs a, he ,-3us- we
cooperation from all the media in' helping us to promote this program because it benefits
all of us and makes Southold a little safer place to live. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Jean. Ray?
JUSTICE EDWARDS : Are you finished?
COUNCILWOMAN COCHRAN: Yes, I'm finished. I have a lot to report. I've been
busy.
JUSTICE EDWARDS : . Well I can happily say that- I sat in' on the computer session
last week with IBM and I'm very happy to say that it *will be on the agenda this
evening to go to a bid with IBM. Also, it 'was our pleasure on Fishers Island to
have Mr. Penny come over and offer his 'assistance for our housing project. that
we have going on over there. So far we're getting all kinds of contributions, not--
only in money, but also in' help. We have one contractor over there who is going
to assist the surveyors some time this coming week in' digging some test holes over
there. The Board of Health, of course, wants to get some sort of core samples
down in'the--underneath the terrain just to see what's there. We know there w:as
an old dump there at one time, but that's long, long ago, but.with taking these
core samples we'll know where abouts we can-safely put the houses. Also on Monday,
this past week, there was a representative from the Town of Waterford, who gave
us a talk on the Island on a new incinerator that's going in' in Preston, Connecticut.
Preston is half way on the. east side of the river between Groton and Norwich-- -
on an incinerator that they're planning over there that will take .the garbage from
ten or fifteen of the small towns in the area. The tipping fee, and they're looking
to go into operation within the next three years---the tipping fee right now figures
out to $50. 00 a ton and it will probably be more then that when it -goes,, which is
extremely high. And I'm happy to say that..on Fishers Island we are going ahead
with our plans to build two incinerators on the Island. And last -Tuesday a person--
one of the local natives--a. family that goes way back, Charlie Ferguson, gave a
very interesting talk on the Indian history of Fishers Island which they've traced
back at least 6,000 years, with some digs that they had on the Island this spring.
Very, very, very interesting. And, talking about water, we on the Island have
the only open reservoir in Suffolk County, and having an open reservoir you can
really put your eyeballs right on it and see what the water level. looks light. And
Cousin. Kenney, who came over here yesterday for a Planning Board meeting, is
one of the. operators at the water plant and he said Barlow Pond, which is our reservoir,
was down to a 10 day supply left, because of the lack of rain. So there's another
pond on the- Island that they've had permission, and they have pumped in the past--
they've pumped from Middle Farm Pond, which actually, has better water quality
then Barlow, and they pump it into Barlow and then put it through the filtration
plant. So we on the Island can see how low the water table is. Last April: I can
honestly say "it''was the highest that they've ever seen Barlow Pond, and now it's
getting back to the early 60's when we had the drought. With that, thank you,.
Frank.
SUPERVISOR MURPHY: Thanks, Ray.
COUNCILMAN STOUTENBURGH: I forgot to mention one thing. You people might
be wondering why some of our beaches are starting to close. With=_young people
going back to college, and this is one of our problems of 'tryi'ng to keep beaches
open. I think the only one that we have closed is going to be Kenney's Beach,
and.-that's just during the week. Otherwise we've got our fingers crossed for the
rest of them.
SUPERVISOR MURP-HY: Hopefully.
COUNCILMAN STOUT-ENBURGH : Hopefully.
SUPERVISOR MURPHY: You never know. I would just like to add--a comment, Paul
and Ray--about water. Water is 'probably one of our biggest problems!.facing the
Town and I would like to publicly thank the: Health Department, our Suffolk County
3 08 AUGUST 25, 1987
Executive Mike LoGrande, for taking the time out, for being so helpful and cooperative
for the Town. We had Aldo Andreoli here today to give a report on the Comprehensive
Suffolk County Water Management Plan and how it affects Southold, and. this is very
important, and also I'd like to compliment Jean in working with Danny and Jim McMahon
on our DWI Program to make the people aware of this. I'd like to also--the posters
are quite nice that the County 'is 'putting out. I believe two of our police officers
are pictured on that poster.
COUNCILWOMAN COCHRAN: One. And we're going to have 100 posters Monday
or Tuesday.
SUPERVISOR MURPHY: Good.
II . PUBLIC NOTICES.
SUPERVISOR MURPHY: Okay, moving on to the second item on the agenda, Public' V
Notices. There's five of. them. Again these are posted on the Town Clerk's Bulletin
Board for anyone to read.
1. Small Business Procurement Conference with The United STates Navy,
sponsored by U. S. Congressmen George J. Hochbrueckner, Thomas J. Downey,
Robert J. Mrazek, September 18, .1987, Stony Brook University, Stony Brook, New
York. _
2. SEQR. Notice of Determination of Novi-Significance, Suffolk County Office_
of the County Executive, Local Law No. 72.1.-1987, "A Charter Law amending the
Suffolk. County Charter to add a new. Article XII Establishing a Program to protect
Suffolk-County's drinking water supply. Establishes the Suffolk County Pine Barrens
Wilderness and Water Protection Preserve.
3. Department of the Army, New York District, Corps of Engineers, application
of _Christopher Karb to construct a timber .pier .assembly, consisting of the following:
120 .foot. long by 3 foot wide walkway elevated a minimum of 4 feet over existing
welands; a 16 foot by 3 foot ramp; and a .16 foot by 6 foot float. Comments by
September 2, 1987' to the Corps of Engineers.
4. Department of the Army, New York District, Corps of Engineers, application
of New York Power Authority (1) for a submarine cable crossing of Long Island
Sound between the City of New Rochelle, Westchester County and the Town of Nortih
Hempstead,. Nassau County, New York. (2) The disposal of dredged materials .from
Long Island Sound cable installation at the Western Long Island Sound Disposal Site
(WLIS 111) . (3) A cable crossing of the Bronx River, on a bridge, in the Village
of Tuckahoe, Westchester County, New York. (4) A cable crossing of the Hutchin
River on a birdge in the city of. New Rochelle, Westchester County, New York. Cor,_.:.�nt
by September .11 , 1987.
5. . New York State Department of Transportation, Designation of Restricted
Highway,, State Highway 8380, Route .25 from Dam Pond Bridge to 3,000 feet east
of Dam Pond Bridge, a distance of 0. 5 miles in the Town of Southold, Suffolk County.
This Designation of Resti1cted .Highway shall expire April 30, 1988.
III . COMMUNICATIONS: (None)
IV. PUBLIC HEARINGS. (8:00 P.M. proposed "Local Law in relation to the Regulation
and Control of Alarm Systems.")
V. RESOLUTIONS,
SUPERVISOR MURPHY: We have a publicrh.earing in 15 minutes, so we'll move on
to Resolutions, and I would like to remind anyone in' the audience who is 'not aware
of a Town Board policy, you may address the Town Board at this time concerning-
any proposed resolutions that are on the agenda. There will be a time after the
Regular Meeting, before we close, to address the Town Board on anything that is
of any interest. So we would ask. you to hold your comments at this time to anythi.ng
that's on one of the prepared resolutions. So at this time is there anyone who would
like to address the Town Board on any proposed resolution? (No response.) 1f
not I'd like tO-move on to number 1 which is a transfer of funds.
1.-Moved by Councilman Scho.ndebare, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1987 Budget modifications:
General Fund Whole Town
Appropriations
To: Interfund transfer A9901.. 9 $ 9,675. 00
From: Refuse 8 Garbage, C,E. A8160. 4 $ 9,675. 00
Scale House Capital Account
Revenues
To: Interfund transfers H5031P $ 9,675. 00
Interest 8 Earnings H2401P $ 325. 00
From: Bond Anticipation Note H5730P $10,000. 00
1.-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.
AUGUST 25, 1987 309
SUPERVISOR MURPHY: 'Number 2 ia`"a``resolutiio'n to 'establish a "No Parking Anytime"
zone on County Route 48, east of Chapel Lane, Greenport. I offer that.
2.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with Section
1660 of the New York State Vehicle & Traffic Law, hereby establishes the following
restrictions, and directs that signs be erected for same: "No Parking Anytime"
along both-sides of County Route 48, Greenport, starting at a poith 100'± east of
Chapel Lane, and extending easterly 1000'±.
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: And Number 3 is to authorize a refund.
3.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
rund of $36. 60 to Allan M. Dinizio, which amount represents the miscalculation of
a Building Permit fee.
3.-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, I'd like to offer a resolution to appoint a Robert
H. Berntsson as Special Counsel to the Town Attorney, effective immediately, at
a salary of $35,000-a year. I offer that resolution.
COUNCILMAN STOUTENBURGH: Second.
COUNCILWOMAN COCHRAN: Question. I thought in the Work Session today we
were going to hold_ this. When did' a discussion take place as to a .different direction
being taken?
SUPERVISOR MURPHY: We agreed to make a decision by tonight---
COUNCILWOMAN COCHRAN: Who's "we"?
SUPERVISOR MURPHY: The :Town Board.
COUNCILMAN PENNY: We agreed to meet with Councilman Schondebare and discuss
this. I move we table it.
COUNCILWOMAN COCHRAN : And I haven't seen that happen.
JUSTICE EDWARDS : Second the move to table.
Motion to TablecR.esolution No. 4.
Moved by Councilman Penny, seconded by Justice Edwards, it 'was
RESOLVED that Resolution No. 4 be and hereby is Tabled.
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.
COIUNC_I'LWOMAN_'I,COOHRAN : I'd just like to say, Frank, I think we're all aware
of the immediate need we have-to have a Town Attorney in Town Hall. We all realize
the problem, but when a decision is made that we are going to hold it until Jay's
here and we can all fully discuss it, I think that has to be brought. forward.
COUNCILMAN STOUTENBURGH: And I would like to say that I made thei statement
that we had to act on this at this 'meeting and that's the reason I think Frank did
it so he had a legitimate reason.
COUNCILWOMAN COCHRAN : I'm not criticizing the fact of putting it in, I'm saying -
at the Work Session today. Thank you.
SUPERVISOR MURPHY: . Number 5 is to grant a Special Permit.
5.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with Chapter
27, Section 27.1. 13. of the Code of the Town of Southold, hereby grants United
Fire Company No. 1 , Cutchogue Fire Department, a Special Permit to hold their
annual Chicken Barbecue on Saturday, August 22, 1987, beginning at 4:30 P.M. ,
on the' Cutchogue Fire Department property, east side New Suffolk Lane, Cutchogue,
provided they secure and file with the Town Clerk a Certificate of Insurancq� naming
the Town of Southold as an additional insured.
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.
31 O AUGUST 25, 1987
SUPERVISOR MURPHY : Number 6 is to authorize an advance fee payment of $475. 00
to a December 6 bus trip.
6.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advanced fee payment in the amount of $475 00 for the December 6, 1987 family
bus tr►p to the Nassau Coliseum to see Walt Disney's World on Ice (50 tickets @
$9. 50 each = $475. 00, check made payable to Nassau Coliseum) ; said charge to
be made to A7320. 4, Joint Youth.
6.-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.
• �� Cv auti,orize trie i'own l:ierk to advertise
for bids.
7.-Moved 'by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town. Board of the Town of Southold hereby authorizes and
di rcts the Town Clerk 'to advertise for bids for the purchase of one (1) used
quarry truck to be used at the Landfill; said truck to be paid for from Community
Development Year 13 Funds.
7.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Supervisor Murphy. No: Justice Edwards.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is 'to appoint Andrew Ficurilli as a part-time
Public'Safety Dispatcher, effective immediately, at a salary of $6. 50 per hour.
I offer that resolution.
8.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Andrew
Ficurilli as a part-time Public Safety Disptacher, effective immediately, at a salary
of $6. 50 per hour.
8.-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 9 is -to authorize the purchase of one 87
four-door Dodge Diplomat Police Special sedan from the State Bid Contract at a
cost of $15,394..00.' 1 offer that resolution.
9.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
purchase of one (1) 1987 four-door Dod a Diplomat` Police Special Sedan„ from
the State Bid Contract, at a total cost of $15,394. 00 ($14,404. 00, plus $990. 00.
for complete light bar installation) , to replace 1987 police car totalled in an accident.
SUPERVISOR MURPHY: This is made necessary because one of our police cars,
brand new one, was totalled in' an accident--not caused by our driver at all. He
had no responsibility, and thank heavens nobody was hurt, but the poor car was
completely totalled.
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: And. Number 10 is to authorize budget modifications in
the Nutrition Program Budget.
10.-Moved by Councilman Stoutenburgh, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town-of Southold hereby authorizes the
following Budget Modifications within the Nutrition Program Bud et:
From. Printing, Supplies Disposables $1,000. 00
Other Insurance 700. 00.
Equipment 404. 00
Food 1, 600. 00
$3,704. 00
Into: Personnel Site Manager $1,000. 00
Cook 1, 304. 00
Printing, Supplies Supplies 800. 00
Other Vehicle Repairs 500. 00
Bottled Gas 100. 00
$3,704,00 xr
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.
AUGUST 25, 1987 311
SUPERVISOR MURPHY : And Number jj, i,s-.to authorize payment of fringe benefits
for the. Nutrition Program to be charged to 'tke- General. Fund Whole Town as needed,
when the County Contract does not cover the full amount. I offer that resolution. .
11.-Moved by Supervisor Murphy, seconded by -Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
payment of fringe benefits for the Nutrition Program, to be charged to the General
Fund Whole Town as needed, for excesses over the amounts provided in the Suffolk
County Office for the Aging Grant, not to exceed '$9,200. 00 for the year ending
December 31, '1987.
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.
And. Number 12 ;s i trailer nerrrit 'renpwal.
12.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the a!pplicatiofi of Martin Sidor 8 Sons, Inc. for renewal of.a single
family house trailer permit, for trailer located at the south side of Oregon ..Road,
Mattituck,. New York, which permit expires on September 23, 1987, be and hereby
is . ranted for a six (6) month period.
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 another trailer permit 'reriewal.
13.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it 'was
RESOLVED that the application of Zdzislaw Mikolajczyk for renewal of a single
family house trailer permit; for trailer located on the south side of private road,
off of the east side of Main Road, Mattituck, which permit expired on August
9, '1987', be and hereby is rg anted fora six' (6) month period.
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: Okay, Number 14, do you want to act on now or do you
want to hold and see if there's any. other prices? I f'not. . . . .
COUNCILMAN PENNY: Did' he solicit at least three bids?
SUPERVISOR MURPHY : I have no idea how many he solicited, George.
COU NCI LMAN' STOUTENBURGH : Then let's hold it.
SUPERVISOR MURPHY: Okay. Everyone? (All agreed.) (Number 14, proposal
to construct thee-basement emergency exit 'retro-fit. ) Number 15 is to grant Southold .
Fire Department a Special Permit to hold a street dance..
15.-Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold, in' accordance with Chapter
27, Section 27. 1 B. of the Code of the Town of Southold, hereby grants the Southold
Fire Department a Special Permit 'to 'hold thei r'annual Street Dance on Saturday,
September 5,. .1987., between the hours of 9:00. P.M. and 1 :00 A.M. , on the Southold
Fire Department property, north side Route 25, Southold, provided they secure
and file with the Town Clerk a Certificate:of Insurance naming the Town of Southold
as an additional insured.
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: . Number. 16 is 'to appoint Charles. Novitt as a Home Aide.,.
effective September 1st, 1987, at a salary of $4. 00 an hour, through the Home
Aide Program Budget.
16.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
. RESOLVED that the Town Board of the Town of Southold hereby appoints Charles
Novitt as a Home Aide, effective September 1, '1987, at a salary of $4. 00 per hour,
his salary to be paid through the Home Aide Program Budget.
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 Mildred Coveleski as a Home
Aide, effective August 26th, 1987, at- a salary of $4. 00 an hour, through the Home
Aide Budge:.
AMENDED: September. 22, 1987 Resol ti #1Q
17.-Moved by Supervisor Murphy, second %y Councilman Stoutenburgh, it was'
RESOLVED that the Town Board of the Town of .Southold hereby appoints Mildred
Coveleski as a Home Aide, effective August 26, 1987, :at a salary of $4. 00 per
312 AUGUST 25, 1987
hour, her salary to be paid through the Home Aide Program Budget.
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 execute a contract.
18.-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 Cultural Services Contract
between the New York State Council on the Arts and the Town of Southold for
a Publication Grant o- $3,000. 00 for script preparation of "How Old Is Your House".
and a Survey Grant in the amount of $4,500. 00 for labor and direct expenses
for the North :Fork Survey; contract period of January 1, 1987 through December
_71 ,�;,7
18.-Vote of the Town Board : Ayes : Counci loran' Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 19(a) is to rescind the policy decision adopted
on July 14, 1987' with respect to part-time Clerk Typists and Account Clerks.
offer that resolution.
19.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was .
(a) RESOLVED that the Town Board of the.-Town of Southold hereby rescinds their
policy decision, adopted on July 14, 1987, with respect to part-time Clerk Typists
and part-time Account Clerks.
19.-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.
SUPERVISOR MURPHY: Number 19(b) is to establish Salary Guidelines for part-
time employees. I offer that resolution.
19.-Moved by Supervisor Murphy,. seconded by Councilwoman Cochran, it was
(b) RESOLVED that the Town Board of the Town of Southold hereby establishes the
following Salary Guidelines for part-time employees, effective September 1 , 1987:
A year-round part-time employee shall be hired at the following rates:
Clerk $6. 00 per hour
_ Clerk-Typist $6. 50 per hour
Stenographer $7.25 per hour
Justice Court Clerk $7.25 per hour
Account Clerk $8. 00 per hour
Custodial Worker $6.25 per hour
After twelve (12) months of employment, a per hour percentage increase shall
be given in proportion to the CS.EA contract.
j Seasonal part-time employees and Work Study employees shall be hired at
j $5. 00 per hour. After 12 months of employment, a fifty (50�) cent per hour increase
j shall be given.
These salary guidelines shall be reviewed once a year.
19.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
(b) man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to accept, with regret, the resignation..
of Youth _Counselor MaryAnn Fleischman, effective September 2znd, 1987. 1 offer
that resolution.
20.-Moved by Supervisor Murphy, seconded by_Councilwoman Cochran, it was
RESOLVED .that the Town Bo.ard. of the Town of Southold hereby accepts, with
regret, the resignation of Youth Counselor Mary Ann Fleischman, effective Sept-
ember 22; 1987.
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.
SUPERVISOR MURPHY : And Number 21 is to approve aff-increase in a subdivision
bond.
21.-Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED' that the Town Board of the Town-of Southold hereby approves the
increase from $125,000 to $300,000 for the performance bond for major subdivision
Richmond Shores at Peconic, and hereby determines that an inspection fee on
the differential, representing $10,000, shall be paid to the Town based upon the
updated bond estimate.
21.-Vote of th.e Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Counci I
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Jurphy.
This resolution was declared- duly ADOPTED.
SUPERVISOR MURPHY :-. Number 22 is to declare lead agency.
AUGUST 25, 1987 313
22.-Moved by Justice Edwards, seconded`"by 'Cou'nci'lwoman Cochran, it was
RESOLVED that the Town Board of the Town of SOuthold hereby declares itself
lead agency in' regard to the State Environmental Quality Review Act in the matter
of the petition of Arthur V. Junge for a change of zone from "A" Residential and
Agricultural District to "C" Light Industrial District on certain property located
on the north side of County Route 48, west of Cox's Lane, Cutchogue, New York.
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 to engage the services of Planner David'
Emi lita, at a cost not to exceed $180. 00,. to *review the Long. Environmental Assessment
Form with respect to this 'change of zone.
23.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the services
of Planner David Emilita, at a cost not to exceed $180. 00, to review the Long
Environmental Assessment Form with respect to the petition of Arthur V. Junge
for a change of zone; said review to include applicant's Part I , prepare a Part. -
Il, and III, draft a proposed declaration, including a field inspection;- the cost
of said review to be paid by Arthur V. Junge prior to the commencement of the
revi ew.
23.-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, Number 24 is 'to authorize the transmitting of this
petition of change to the Southold Town Planning Board and Suffolk County Department
of Planning in' accordance to our Town Code. I offer that resolution.
24.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, a petition has been received from Arthur V. Junge for a Change of
Zone on certain property located on the northerly side of County Route 48, west
of Cox's Lane, Cutchogue, New York, from "A" Residential and Agricultural District
to "C" Light Industrial District, now, therefore, be it
RESOLVED that the Town Clerk of the Town of Southold be and she hereby is
directed to transmit this petition to the Southold Town Planning Board and the
Suffolk County Department of Planning, all in accordance with the Southold Town
Code and the Suffolk County Charter.
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: Number 25 is 'to grant permission for Assessor Scott Harris-
- to attend a conference.
25.-Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission.
to Assessor Scott L. Harris to attend a Conference on Assessment Administration,
to be conducted at the Nevele Couhtry Club, Ellenville, New York, from September
20 through 24, '1987, and the conference cost of $475. 00, as well as necessary.
expenses for textbooks, travel, meals and lodging shall be a legal charge against
the Assessor's 1987 Budget.
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 a resignation.
26.-Moved by Councilwoman Cochran, seconded . by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of Barney Ovisinak as Deputy Superintendent of Highways,
effective September 9, 1987.
26.-Vote of the Town Board : Ayes: Counci Iman: Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: f Number 27 is 'to authorize the purchase of two computer
receipting stations -for, our Receiver of Taxes so that he can more efficiently collect
your taxes at the end of the year. I'm sure everybody's going to .be happy.
JUSTI C EDWARDS : Including George.
27.-Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it wa!*
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
purchase, for the Office fo the Receiver of Taxes, two (2) Olivetti ETV 290 computer
receipting stations, which includes two (2) journal printers, two (2) automatic
-battery -backups, and software to recei.p_t tax bills, etc. ; from Long Island Office-
314 AUGUST 25, 1987
Equipment, Inc. under the State and Federal Government contracts, at a total
cost not to exceed $8,750. 00.
27.-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 28 is to amend a prior resolution.
28.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution. No. 15, adopted on May 19, 1987, with respect-to the per hour rate
of pay of Margaret. Niemann, Supervisor of the Safe BTI Mosquito Larvacide Program
on Fishers Island, to increase her pay from $12. 00 per hout to $12. 81 per hour,
in accordance with the salary paid' to her from June 1, '1987 through August 1.4,
lv6 by bje Sui'4ulk county DepartmeriL of Heaiin Services.`
28.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
Thi s' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 29:is 'to waive a Wetland Permit fee to the Town
Trustees by the Southold Park District. I offer that resolution.
29.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED by the Town Board of the Town of Southold that the $150. 00 filing
fee for a Wetland Permit 'to the Board of Town Trustees, to. be paid by the Southold
Park District be and hereby is waived.
29.-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 30 is 'to create the position of Administrative
Assistant for the Southold Town Planning Board 'and set a salary of $19,904. 86
per year.
30.-Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it .was
RESOLVED that the Town Board of the Town of Southold hereby creates the positibr
of Administrative Assistant for the Southold Town Planning Board, sets the salary
for same at $19,904. 86, and authorizes and directs the Supervisor to request a
Suffolk County Civil Service List for this position.
30.-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 31 is 'to authorize attendance at a conference.
31.-Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the .Town of Southold hereby authorizes Police
Officers Martin Flatley and Kevin'J. Lynch to attend the Child Abuse Seminar
to be conducted by the Indernational Association of Chiefs of Police at Nashville,
Tennessee, on October 5, 1987 through October 9, 1987, and the actual expenses.
for registration, meals, lodging and travel shall be a legal charge against. the
Juvenile Aide Bureau and Police Department 1987 Contractual Budgets.
31.-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 32 is 'to authorize me to submit a. Letter
of Intent to IBM for the purchase of computer hardware and to Triangle Consulting
for the purchase of computer software. I offer that resolution.
32.-Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the�-Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy -to transmit 'Letters of Intent to IBM for
the purchase of computer hardware, and to Triangle Consulting for'.the p.1rchase
of computer software for the Southold Town Hal .
32.-Vote of the Town Board : Ayes: Counci(man Penny, Councilwoman Cochran, 'Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 33 .is 'to authorize the hiring of Charles Graves
to do the negotiations on behalf of the Town Board for our pending CSEA contract
negotiations, at a cost not to exceed $10,000. 00.' 1 offer that resolution.
AUGUST 25, 1987 315
33.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the services
of Charles E. Graves to conduct negotiations on behalf of the Town Board for
the pending CSEA contract negotiations, at a cost not to exceed $10,000. 00.
33.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran,
Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor
Murphy. This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 34 is 'the result of a. very active and vocal
public hearing two weeks ago regarding "A Local Law to establish a Landmark
Preservation Commission and to prescribe its duties," be and hereby is rejected.
I offer that resolution.
:. s.—T1i.v'✓.�.'.:.. ..:j S_:(-� �i.. .. li.i.,.. �., . S.,_ � :►1-. 1�.. �!�1..!ur1.C;�,m.��'1 C+n� �r�!l,{'1�.lrrvh _
WHEREAS, a proposed Local Law entitled, "A. Local Law to establish a Landmark
Preservation Commission and to prescribe its duties". was introduced at a meeting
of this Board held on the 16th day of June, 1987, and
WHEREAS, a public hearing was held thereon by this Board on the 11th day of
August, 1987, at which time' all interested persons were given an opportunity
to be heard thereon, now, therefore, be it '
RESOLVED that a "Local Law to establish a Landmark Preservation Commission
and to prescribe its duties. " be and hereby "is rejected.
34.-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. -
(For the purpose of clarification, and whereas the Town of Southold presently
has a Landmark Preservation Law, Chapter 56 of the Code of the. Town of Southold,
adopted on .January 18, 1983, as Local Law. No. 1 of 1983, the abovementioned
rejected-:Landmark Preservation Law, referred to in Resolution No. 34 above, reads
as fol ows :)
REJECTED : LOCAL LAW NO. 1987
A Local Law to establish a Landmark
Preservation Commission and to prescribe its duties .
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 56 of the Code of the Town of Southold, designated Landmark Preservation
and originally adopted by the Town Board of the Town of Southold on January
18, 1983, as Local Law No. 1 of 1983, is hereby repealed in: its entirety and the
following Landmark Preservation Law, to be known as Chapter 56 of the Code of
the Town of Southold, be and hereby is enacted in' its place and stead:
Section 56-1. Short Title
This " chapter shall :.be known and may be cited as the "Landmark
Preservation Law of Southold Town".
Section 56-2. Declaration of Purpose and Policy _
The Town Board finds there exists in� the Town. of Southold structures,
buildings and sites of historic or architectural significance, antiquity,
uniqueness of exterior design or construction, which should be conserved,
protected and preserved to preserve the architectural character of Southold
Town, contribute to the aesthetic' value: of the Town, and promote the general
good, welfare, health and safety of the Town and 'its residents. Therefore; it 'is
the purpose and policy of this chapter to establish a Landmark Preservation
Commission and the procedures which it ' can follow to assist Southold Town
owners of buildings, structures and sites in' order to conserve, protect and
preserve such structures, buildings and sites thereby preserving the unique
character of Southold Town which will substantially improve property and
commercial values in the Town and make its hamlets even better places in' which
to live.
Section 56-3. Definitions
As used in' this ' Chapter, the following terms shall have the meanings
indicated :
COMMISSION - ,The Landmark Preservation. Commission established pursuant to
thi s 'Chapter.
EXTERIOR ARCHITECTURAL FEATURES - The architectural style, design,
general arrangement and components- of all of the outer surfaces of any building
or structure.
HISTORICAL SIGNIFICANCE - The quality of a- building, structure or site
_based upon its identification with historic ' persons or, events in' the Town of
Southold.
316 AUGUST 25, 1987
ARCHITECTURAL SIGNIFICANCE The quality of a building or structure based
on its "date of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the distinctive
characteristics of a type, period or method of construction.
LANDMARK - Any structure, building or site which has historical or
architectural significance.
LANDMARK DESIGNATION The designation of a Landmark pursuant. to the
provisions of this Chapter.
STRUCTURE - Any assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
Section 56-4. Landmark Preservation Commission
A. There is hereby created a Landmark Preservation Commission which shall
consist of a minimum of five (5) members to be appointed by the Town
Board, to serve without compensation. These members shall consist of the
following, to the extent available in' the community: an architect -
engineer; an historian; a licensed real estate broker; an attorney; a
resident of an ' historic' district; a resident who has .. demonstrated
significant interest in' and commitment to the field df historic preservation
evidenced either by involvement in' a local historic ' preservation group,
employment or volunteer activity in" the field of historic preservation, or
other serious interest in*the field.. All members shall have a known interest
in historic preservation and architectural .development within' the Town of
Southold.
B. The term of office of each member appointed to said' Commission shall be
two (2) years, provided, however, that of those members first appointed,
three (3) shall be appointed for one (1) year, and two (2) shall be
appointed for two (2) years. If'a vacancy occurs other than by expiration
of a term, it shall be filled by the Town Board by appointment to the
unexpired .term.
C. Meetings of the Commission shall be open to the public: ..Meetings of the
Commission shall be held monthly at such times as the Commission may
determine, or . at the call. of the Chairman, or at the request of two
members. A majority of the authorized, members of the Commission shall
constitute a quorum for the transaction of business. The Commission shall
keep written minutes of its meetings, showing the vote of each member
upon all questions voted upon, and such minutes, together with all records
of the Commission shall be. promptly filed with the Town Clerk.
D. The Commission shall recommend from its members, for Town Board
approval, a Chairman who shall serve for a term of one year, or until his
successor is appointed.
E. The Commission may incur such expenses in the performance of its duties
as may be authorized and appropriated by the Town Board.
Section 56-5. Duties of the Commission
The duties of the Commission shall include:
A. Employment with Town Board approval of staff and professional consultants
as necessary to carry out the duties of the Commission.
B. Promulgation', with Town Board approval, of rules and regulations as
necessary for the conduct of.its business.C. Adoption of certain' criteria for the identification of significant historic,
architectural, and cultural landmarks.
D. Conduct of survey`s of significant historic, architectural, and cultural
landmarks within the Town.
E. Designation of identified buildings, structures and sites as landmarks.
.-F.. —Acceptance, with Town : Board approval, of the donation of facade
easements ' and development rights; the making of recommendations to the
Town government concerning the acquisition bf facade easements or other
interests in' real property as necessary to carry out the purposes of this
act. �►
G. Increasing public awareness of the value of historic", cultural and
architectural preservation by developing and. participating in' public
education ,programs.
AUGUST 25, 1987 317
H. Making recommendations to the. Town government concerning the utilization
of state, federal or private fund's to-` promote the preservation within the
Town.
I . Recommending acquisition of a landmark structure by the Town government
where its preservation is ' essential to the purposes of this act and where
private preservation is not feasible.
J. Approval or disapproval of applications for Certificates of Appropriatness
pursuant to this act.
Section 56-6. Landmark Designation
A_ The commission may designate an individual property as landmark if 'it-'
1. Possesses special character or historic' or aesthetic' interest or value
as part of the cultural, political, economic' or -social history of the
locality, region, state or nation; or
2. Is identified with historic'personages; or
3. Embodies . the distinguishing characteristics of an architectural style;
or
4. Is the contribution of a designer whose creation has significantly
influenced an age; or
5. Represents an established and familiar visual feature of this
neighborhood, because of a unique location or singular physical
characteristic:
B. The Commission may designate a group of properties an historic district if
it:
1. contains properties which meet one or more of the criteria ' for
designation of a landmark; and
2. by reason of possessing such qualities, it constitutes a distinct
section of Town.
The boundaries of each historic! district designated henceforth shall be
specified in' detail ' and shall be filed, in writing, in' the Town Clerk's.
Office for public information. The Town Clerk shall forward reports to the
Planning Board, the Building Department and the Zoning Board of Appeals.*
C. Notice of a proposed designation shall be sent by registered mail 'to the
owner of the property proposed for designation, describing the property
proposed and announcing a public' hearing by the Commissioner to consider
the designation. Where the proposed designation involves .so many owners
that individual notice is not feasible, notice may instead be published at
least. once in a newspaper of general circulation and at least thirty ('30)
days prior "to the date of the public hearing. After the Commission has
issued notice of a proposed designation, no ' building or demolition permits
shall be issued by the building inspector until the Commission has made its
decision.
D. The Commission shall hold a public hearing prior to designation of any
landmark. The Commission, owners and any interested parties may present
i testimony or documentary evidence at. the hearing which will become part
' of a record regarding the historic, architectural, or cultural importance 'of
the proposed landmark. The hearing record may also contain staff reports,
public comments, or other evidence. Staff reports will be made available to
the public. A decision shall be rendered within thirty (30) days after the
close of the hearing.
E. The 'designation of property, as a Designated Landmark, pursuant to the
provisions of the Chapter shall not- become effective until such property is
entered in Register. -.of Designated Landmarks and , filed with the Town
Clerk. The .Town Clerk shall forward reports to the Planning Board, the
Building Department and the Zoning Board of Appeals.
Section 56-7. Review of Alterations, Demolition or New Construction Affecting
Landmarks or Historic'Districts
A. Certificate of Appropriateness - No person shall carry out any exterior
alteration, restoration, reconstruction, demolition, new construction or
_ moving of landmark, nor shall any person make any material changes in' its.
3 1 V AUGUST 25, 1987
appearance, its light fixtures, signs, sidewalks, fences, steps, paving or
other exterior elements visible from a public street or alley which affect
the appearance and cohesiveness of the -landmark, without first obtaining a
Certificate of Appropriateness from the Landmark Preservation Commission.
B. Criteria for Approval.of a Certificate of Appropriateness
1. In passing upon an application for a Certificate of Appropriateness,
the Landmark Preservation Commission shall not consider changes to
interior spaces, unless they are open to the public; or to
architectural features that are not visible from a public street or
alley.The Commission's decision shall be based upon the following
(a) . Properties which contribute to the character of the landmark
shall be retained, with their historic features altered as little as
possible;
(b) . Any alterations of an existing landmark shall be compatible with
its historic' character; and
(c) . New construction on the property shall be compatible with the
other features of the landmark.
2. In applying the principle of compatibility, the Commission shall
consider .the following factors:
(a) . The general design, character and appropriateness to the
property of the proposed alteration or new construction.
(b) . The scale -of proposed alteration or new construction in relation
to the property itself.
(c) . Texture, materials, and color and their relation to similar
features of other properties in the neighborhood.
(d) . Visual compatibility with surrounding properties, including
proportion of - the property's front facade, proportion - and
arrangement of windows and the rhythmic. spacing of other
properties on the street, ' including setback.
(e) . The importance of historic, architectural or other features to the
significance of the property.
C. Certificate of Appropriateness Application Procedure
1. Prior to the commencement of any work requiring Certificate of
Appropriateness the owner shall file an application for such a
Certificate with the Landmark Preservation Commission. The
application shall contain.
(a) . Name, address and telephone number of applicant.
(b) . Location of property.
(c) . Elevation drawings of proposed changes, if available.
(d) . Perspective drawings, including relationship to adjacent
properties i f'avai table.
(e) . Any other information which the Commission may deem necessary
in order to visualize the proposed work.
2. No building permit shall* be issued for such proposed work until
a Certificate . of Appropriateness has first been issued by the
Landmark Preservation Commission. The Certificate of
Appropriateness required by this ' act shall be in' addition to and
not in lieu of any building permit that may be required by any
other ordinance of the Town of Southold.
3. The Commission shall approve, deny, approve the permit with
modifications or schedule a hearing within ten (10) working days .
from receipt of the completed application. The Commission may
hold a public hearing, on the application at which an opportunity
wily be provided for proponents and opponents of the application
to present thei r'views.
319
AUGUST 25, 1987
4. All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed with
the Town Clerk's Office for public inspection. The Commission's
decision shall state the reasons' for denying or modifying any
application.
D. Hards.hip Criteria '
An applicant whose Certificate of Appropriateness has been denied may
apply for relief from the Landmark Designation on the grounds that
designation is working a hardship' upon himself. In order to prove the
existence of hardship., the applicant shall establish that:
1.. The orooerty is ' incapable of earning a reasonable return- rariarrllacc
of whether that return represents the most profitable return possible;
2. The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in' a reasonable
return; and
3. Efforts to find a purchaser interested in' acquiring the property and
preserving it have fai led; or
4. Maintenance of the property as a private residence, becomes
unaffordable.
E. Hardship Application Procedure -,
1. After receiving written notification from the Commission of the denial .
of a Certificate of Appropriateness, an applicant may commence the
hardship' process. . No building permit or demolition permit shall be
issued unless the Commission makes a finding that a hardship exists.
2. The Commission shall hold a public' hearing on the hardship
application at which an opportunity will' be provided for proponents
and opponents of the application to present their 'views.
3. The applicant shall consult in' good faith with the Commission, local
preservation groups and interested parties in' a diligent effort to seek
an alternative that will result in preservation of the property.
4. All decisions of the Commission shall be in: writing. A copy shall be
sent to the applicant by registered mail 'and a copy filed with the
Town Clerk's Office for public inspection. The Commission's decision
shall state the. reason for granting or denying the hardship..
-application.
F. Enforcement
All work performed pursuant to a Certificate of Appropriateness issued
under this ordinance shall conform to any requirements including therein'.
It shall be the duty of the Building Inspector to inspect periodically any
such work to assure compliance. In' the event work is found that is " not
being performed in accordance with the Certificate of Appropriateness, or-
upon notification of such fact by the Landmark Preservation Commission,
the Building Inspector shall issue a stop work order and all work shall
immediately cease. No further work shall .be .undertaken on the project as
long as..a stop work order is 'in effect.
G. Maintenance and Repair 'Requi red
Nothing in this ordinance shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a landmark
or property which does not include a change in' design or outward
appearance.
No owner or person with an interest in real property designated as a
landmark or included within a historic district shall permit the property to
fall into a serious disrepair' so as to result in' the deterioration of any
exterior architectural feature which. .would, in the judgment of- the
Landmark Preservation Commission, produce a detrimental effect upon the
character of the property itself.
Examples of such deterioration include:
1. Deterioration of exterior walls or other vertical supports.
2. Deterioration of roofs or other horizontal members.
320
AUGUST 25, 1987
3. Deterioration of exterior chimneys.
4. Deterioration or crumbling of exterior stucco or mortar. :.
5. Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken windows or doors.
6. -Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is ' necessary for the
public safety.
H. Violations
1. Failure to comply with any of the provisions of this ordinance shall be
dQemorl a.. vinla+in_n and the vin!ntnr chill be I;ahlo tn,a.- fin of not--lecc
than4 $250. 00 nor more than $500. 00 for each day the violation
conti nues.
2. Any person who demolishes, alters, constructs or permits a
designated property to ' fall into . a serious state of disrepair' in
violation of this ordinance shall be required to restore the property
and its site to its appearance prior to the violation. Any action to
enforce this ' subsection. shall be brought by the Town Attorney. This
civil remedy shall be in' addition to and not in' lieu of any criminal
prosecution and penalty.
I. Appeals
Any person aggrieved by a decision of the Landmark Preservation
Commission_ relating to hardship' or a Certificate of Appropriateness may,
within fifteen (15) days of the decision, file a written application with the
Town Board for review of the decision. The Town Board may confirm,
reject, or modify the decision.
Section 56-8. Termination of Landmark Designation
Whenever a designated landmark is destroyed or its exterior is altered .to such
an extent that it ceases to have architectural significance, the Commission may;
by resolution, direct that it ' be removed from the Register of Designated
Landmarks. Prior to taking such action, however, the owner shall be given
written notice of such proposed action, and shall be given an opportunity to
appear before the Town Board and be heard thereon.
Section 56-9. Severability
Each of -the_foregoing .. provisions of this chapter has been adopted �in an -
endeavor to preserve and extend the public welfare by preserving the
chacteristics of historic and/or architecturally significant structures or sites. In
the event that any portion of this chapter shall be determined invalid, such
determination shall not affect or result in' the invalidity of any other provision
contained in this chapter.
II . This -Local Law. shall take effect upon its 'filing with the Secretary of State.
SUPERVISOR MURPHY: And Number 35 is 'a 'resolution authorizing the. hi ring
of an attorney.
35.-Moved by Councilman Penny, seconded by Councilman Stoutenburgh, it was
RESOLVED that pursuant to the provisions of Section 18 of the Public Officials
Law of the State of New York Supervisor Francis J. Murphy shall be provided
a defense in the matter of Lo Stack Interiors, Inc. vs. Francis Murphy.
35.-Vote of the Town Board :. Ayes : Councilman Penny, Councilwoman Cochran, Council-
man Stoutenburgh, Justice Edwards. Abstain: Councilman Schondebare, Supervisor
Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, that's the end of the resolutions. It's now a little
after 8:00 so 11d like a resolution to recess to hold a public hearing.
Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was
RESOLVED that a recess be called at this time, 8:00 P.M. , for the purpose of
holding a ublic*heari_22 on a proposed "Local -Law in' relation to the Regulation
and Control of Alarm Systems.-"
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.
Meeting reconvened at 8:20 P.M.
321
AUGUST 25, 1987
SUPERVISOR MURPHY: Do you want:::'toact;z,on•_this: law now or do you want to
wait until the next Town Board meeting? _
COUNCILWOMAN COCHRAN: Act on it.
COUNCILMAN SCHONDEBARE : Act on it. It's been hanging around too long.
SUPERVISOR MURPHY: Okay,. Number 36,is to enact Local Law No. 14 - 1987.
I offer that resolution.
36.-Moved by Supervisor. Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law. No. 14 - '1987 was introduced at a meeting of
this Board held on the 28th day of July, 1987, and
WHEREAS, a public'hearing was held thereon by this 'Board on the 25th day of
. ,..:yt,i:��, , .r ii.. 1 �:ni::. .:.1: .:wi l`'o Ica �..::.: ... cs ':r�... cam.. y:•.t:�: �: vNN�:i°[ii 6ii�1
to be heard thereon, now, therefore, be it
RESOLVED that Local Law NO. 14 - 1987 be enacted as follows :
LOCAL LAW. NO. 14 - 1987
A Local Law in relation to the Regulation
and Control of Alarm Systems
BE IT ENACTED by the Town Board of- the Town of Southold, as follows:
I . That Chapter 24 be added to the Code of the Town of Southold,, as follows:
Chapter 24
Alarm Systems
Section 1. Purpose.
The purpose of this local law is 'to establish standards and controls of the
various types of fire, intrusion, holdup and other emergency signals from fire
and police alarm services that require fire department or police responses,
investigation or safeguarding of property at the location of an event reported
by a signal which is transmitted by telephone or radio to the Police or Fire
Department from a central station as hereinafter defined.
Section 2. Definitions.
For the purpose of this local law, the following definitions shall apply:
TOWN OF SOUTHOLD - '.All of the Town of Southold, excluding Fishers
Island.
ALARM AGENT - .Any person who is ' employed by any business, firm,
corporation or other commercial entity that is licensed hereunder to conduct
the business of owning, operating, maintaining, installing, leasing or selling .:. __
fire or police alarm devices whose duties include any of the following: selling,
maintaining, leasing, servicing, . repairing, altering, replacing, moving or
installing, in' or on any building, place or premises, any fire or police alarm
device as defined in'this 'local law within' the Town of Southold.
ALARM .INSTALLATION - Any fire or police alarm device or aggregation of
fire or police alarm devices installed on or within a single building on or
within' more than one (1) building or area adjacently located on a common site
at a specific location.
BUST NESS . LICENSEE - Any business, firm, corporation or other commercial
entity which is * in' the business of owning, operating, maintaining, installing,
leasing or selling a fire or police alarm device or devices or system of fire. or
police alarm devices which business, firm or corporation or other commercial _-
entity is ' an- owner, operator, provider of maintenance, service, installer,
lessor or seller of said device, or system of devices subject to the license
requirements of this local law.
CENTRAL. ALARM STATION - Any facility operated by a private firm that
owns or leases a system of fire or police alarm devices which facility is
manned by operators who receive, record or validate alarm signals and relay
information about such validated signals to the Police or Fire Department- when
appropriate.
DIAL ALARM - Any fire or police alarm device which is 'a telephone device or
telephone attachment that automatically 'or electronically selects a telephone
line connected to a central alarm station or police headquarters and
reproduces a pre-recorded message to report a. criminal act or other
emergency requiring Police or Fire Department.
DIRECT•ALARM - Any fire or police alarm device connected directly by leased
telephone wires from the specified location to police headquarters or the fire
department.
..: 1
322
AUGUST 25, 1987
EMERGENCY ALARM - Any fire or police alarm device designed to be actuated
by a fire criminal act or other emergency at a specific location or by a victim
of a hold-up robbery or other emergency or criminal act at a specified
location.
-FALSE EMERGENCY ALARM - Any signal actuated by an emergency alarm to
which the police or fire dpeartment responds which is not the result of a
fire, robbery or other crime or emergency.
FIRE DEPARTMENTS - Buildings owned by the Fire Districts of Mattituck,
Cutchogue, Southold, East Marion, Orient..
FIRE OR POLICE ALARM DEVICE - Any device which, when actuated by a fire,
criminal act or other emergency requiring Police or Fire Department response,
transmits a pre-recorded message or other siqnal by a telephone, radio 'or other
means to a central alarm station or directly to the Police or Fire Departments
produces an audible or visible :signal designed to notify persons within' audible
or visible alarm range of the signal, except for residential smoke detectors/alarms.
INTRUSION - Any entry into an area or building equipped with one (1) or more
police and fire alarm devices by any person or object whose entry actuates a
police alarm device.
LICENSING' AUTHORITY - The Town of Southold or its designated agent.
POLICE HEADQUARTERS - Police headquarters and other enclosures housing
privately or publicly owned equipment serving the police.
Section 3. License Requi.red: Authority to Grant Licenses and Permits: Time
Limit for Compliance.
A. It shall be unlawful. for any person, business, firm, corporation or other
commercial entity to operate, maintain'. install, lease or sell a fire or police alarm
device or devices or system of fire or police alarm devices, as defined by the
terms of this local law without first obtaining a license as hereunder provided. _.
B. Authority to Grant Licenses and' Permits.
(1) The licensing authority is : hereby authorized to grant a revocable
license to any business, firm, corporation or other -commercial entity,
authorizing said' business, firm, corporation or other commercial ' entity
to do business in' the Town of Southold .by performing any or all- of
the following ' functions : own, operate, maintain, install, lease or sell a
fire or police alarm device or devices or system of fire or police alarm
devi ces.
The licensing authority is ' hereby authorized to grant a revocable
license to any alarm- agent.
The licensing authority is : hereby authorized to grant a revocable
permit ' to any owner of property located within the Town of Southold
or the lessee thereof to operate, maintain; install and modify a fire or
police alarm device.
Applications for lice'nses.and permits.
C. Applications for licenses and permits shall be made as follows:
(1) All businesses, firms , corporations or other_= commercial entities which
are in. the business of owning, operating, maintaining, installing,
leasing or selling a fire or police,alarm device or devices or system, of
fire or police alarm device or devices, who desire to conduct business
in the Town of Southold shall apply . to the licensing authority. for a
business license, on a form to be supplied by the licensing authority.
The application shall contain' specific 'provisions relating to the quality,
efficiency and effectiveness of the device or system of devices owned
or to be operated, maintained, installed, leased or sold by the
business licensee, testing procedures involved and any other
information the licensing authority shall determine to be law.
(2) Such business license shall be .issued for a one-year period, on a
calendar year basis or a -part thereof, and no license shall extend
beyond December 31 of each year. Notwithstanding this ' provision, a
person having a business license may conduct such business through
January 31 of. the year following the expiration of his business license.
(3) Any person who is to be an alarm agent in the Town of Southold
_ before acting as such alarm agent shall apply for and receive a
AUGUST 25, 1987 3 2 3
revocable alarm agent license. The application shall be made to the
licensing authority on.;...,,_a ..-form,.:_;to be supplied by the licensing
authority. The application shall contain specific provisions relating to
the fire or police alarm device or devices, holdup alarms, dial alarms
or alarm installations which are to be sold, leased, installed, operated
or maintained by the alarm agent, the skill and competency of the
applicant as an alarm agent and such other information the licensing
_authority determines to be reasonably necessary to effectuate the.
purpose of this local law. Such calendar year basis 'or a part thereof,
and no license shall extend beyond December 31 of each year. The
applicant, upon submission of this application, shall be fingerprinted
and photographed by the Town of Southold Police Department.
Notwithstanding this provision, a person having an alarm agent
license may act as such alarm agent through January 31 of the year
followi nd the expiration' of his 'license.
(4). Any -property owner or lessee of property in' the Town of Southold
having on his ' or its premises a fire or police alarm device or system
of fire or police alarm devices shall apply to the licensing authority
for a permit ' to own or otherwise have such device on his or its
premises. The application shall contain provisions relating to the
device or system of .devices installed or to be installed on the
premises. Application for permits for fire or police alarm devices
existing in� premises on the effective date of this local law must be
made to the licensing authority by December 31, 1987. No such device
may be installed on the premises of the owner or lessee and no
presently existing fire or police alarm device complying with the
provisions of this local law shall be -modified.. after the effective date
of- this local law prior to the licensing authority's having issued a
permit 'to such owner or lessee. Such permit need not be obtained on
an annual basis; but shall be obtained each time a device or system is
to be installed or modified.
Section 4. License Fees.
License fees shall be as follows:
A. Business License: One Hundred Dollars ($100. 00) per calendar
year or part thereof.
B. Alarm Agent: Twenty-five Dollars ($25. 00) per calendar year or
part thereof.
C. Owner or Lessee Permit: No Charge.
Section 5. User Fees.
There shall be payable to the Town of Southold a fee of two dollars
($2. 00) per month for a fire or police alarm device or devices installed on
the premises of any owner or lessee. Such user fee shall be payable in the
first instance by the business licensee who services the fire or police.
alarm device or devices 'of the owner or lessee, but, upon the failure of
the business licensee' to make such payments when they become due, the
owner or lessee of the premises shall thereupon become liable for any
unpaid' user fees. Such user fees shall be paid' to the Town Clerk monthly.
in' advance of the first day of each month. ,Upon failure to make any such
payment, the Town shall have the right to proceed by civil action to
collect such user fees. Failure to make any such payment after written
notice thereof has been given to the owner or lessee shall subject such
owner or lessee to the penalty provision of such law.
Section 6. Suspension or Revocation of Licenses.
A license issued under this law may be suspended or revoked by the
licensing authority`--after notice and hearing.. by the licensing authority for
the violation of any of the provisions of this locale law or any regulations
or regulations promulgated by the licensing authority pursuant to this local
law, and any license or identification card issued hereunder shall be
surrendered immediately to the licensing authority upon such suspension or
revocation. No part of a license fee shall be refunded when a license is
suspended or revoked. Any applicant whose application for a license or
permit has been denied' or any business license, alarm agent, owner or
lessee whose license has been suspended or revoked by the licensing
authority may appeal such denial, suspension or revocation in writing to
the Town Board at a time and place to be determined by the Town Board
in support of his or its contention that the license should" not have been
denied , suspended or revoked.
324
AUGUST 25, 1987
Section 7. Records.
Every business, firm, corporation or other commercial entity
conducting the business of owning, operating; installing, leasing or selling
fire or police alarm devices within the Town of Southold shall maintain'
complete and accurate records of all installations of alarm systems in the
Town of Southold and shall provide such records on a monthly basis for
the licensing authority.
Section 8. General Provisions.
A. Restrictions : No fire or police alarm device shall be connected directly
to the Town of Southold police headquarters or. any Fire Department
�.�r;++'..r
Fire Commissioners, respectively.
B. Direct Alarm System: Any private firm engaged in the business of
burglar alarms or fire alarms and licensed by the Town of Southold
will operate a facility which is ' manned by a trained operator who
receives, records and validates alarm signals and relays information
about such validated signals to the Southold Town Police Department
or Fire Departments on a special telephone number set aside for the
express purpose of receiving such information. All :.central station
alarm facilities shall have the capability to electronically supervise all
alarm systems so that a trouble signal is ' indicated .should there be-a
fault with any alarm system. The operator of any central alarm
company which calls police headquarters or the Fire Department to
report an active alarm will identify himself or herself by name and the
name of the company and will provide accurate directions to the
protected premises at which the alarm is 'sounding. The central alarm
company shall further provide the name of the caretaker who is
responsible for resetting an activated alarm if 'the property owner or
lessee of the property is away. In the event that the caretaker is
unavailable, the alarm company shall be responsible for resetting an
activated alarm.
C. Audible Alarm Device: Any property owner or lessee of property fn
the Town of Southold shall, prior to the installation of an audible
signal designed to notify persons within' the audible range of the
signal, obtain a permit ' for same. Any such alarm device which
operates on house current must be equipped with a stand-by battery
power supply sufficient for at least twenty-four (24) hours. Any such
. alarm device will' incorporate a device whereby the system will
automatically shut-off and/or reset. the 'audible alarm after T" a alarm
has . sounded for a maximum period of thirty (30) minutes. All
property owners or lessees - having such alarm devices on their
premises shall further be required to provide the Police Department
and Fire Department with the name of a person who can respond to
the -premises within' a reasonable time. Said' person shall have the
capability of securing or, in the case of fire, opening up said
premises for inspection. by the Fire Department. Every such audible
alarm device must be equipped with a switch to silence the audible
alarm.
D. Intentional False Alarm : It shall be a violation of this local law to -
intentionally cause a false hold-up .alarm, and any person who does
intentionally cause a false hold-up alarm shall be subject to the
penalty provisions hereof.
E. Charges for False Emergency Alarms :
1. Any owner or lessee of property having a fire or police alarm
device or system of fire or police alarm devices on his or its
premises on the effective date of this local law, and any _user of
services or equipment furnished by a licensee under this local
law shall- pay to the Town of Southold a charge for each and
every false emergency alarm to which the Police or Fire
Departments respond, in' each calendar year as follows :
(a) First and second false emergency alarm each calendar
year: No Charge.
(b) Third and all subsequent false 'emergency alarms - each
calendar year: One Hundred ($100. 00) Dollars.
2. The above charges shall be paid to the Town Clerk of the Town
of Southold. Failure to pay any such charges shall...subject such
AUGUST 25, 1987 325
F. Rules, Regulations and 'Enforcement: The licensing authority shall
promulgate rules, regulations and standards which shall be approved
by the Town Board that may be necessary for the. purpose of
assuring the quality,. efficiency and effectiveness of fire or police
alarm devices and alarm installations owned, operated, maintained,
installed, leased or sold by a licensee under this local law, and to
facilitate the administration of this local law. The licensing authority
shall administer .and enforce the provisions of this local law. The
aforesaid rules, regulations and standards shall be set forth in
writing and copies shall be available for applicants.
Section 9. Special Provisions.
A r1:NTDAI AI A4AA . CTA'T_'IOMS 5VC_T1=R45; The. li,,-nncinn P!_Pthority is '
hereby authorized to prescribe the locations and the manner of
installation of regular business telephone lines into police
headquarters from a central alarm station for the express purpose of
prodiding direct telephone communication between the central alarm
station and police headquarters for use in' reporting alarms.
B. EXCEPTIONS :. None of the provisions of-this ' local law .shall apply to a
fire or police alarm device or devices installed in a motor vehicle or
trai ler.
C. SEVERABI LITY : I f' any part or parts of this local law are for any
reason held to be' invalid; such decision .shall not affect the validity
of the remaining portions of this local law. The Town Board hereby
declares that it 'would have passed the local law enacting this local
law and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one (1) or more sections,
subsections, sentences, clauses or phrases might be declared invalid.
Section 10.' Penalties for Offenses : Any person, firm or corporation who does not
pay any charge or fee established in' this local law or who violates .
any provision of this .local law shall be subject to a fine not. in excess
of Two-hundred Fifty ($250.00) Dollars for each offense. A separate
offense shall be deemed committed upon each day during which a
violation occurs or is committed and such violation may constitute
disorderly conduct.
Il. This- Local Law shall become effective upon its filing with the Secretary -of
State-of the State of New York.
36.-Vote of the Town Board : Ayes: Counci Iniari Penny, Councilwoman Cochran, Counci I-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
Thi s' resolution was declared duly ADOPTED.
COIUNCILMAN SCHOND.EBARE : Subject to possible amendment in the future.
CHIEF WINTERS : Any law is subject to amendment.
SUPERVISOR MURPHY: That's why we make them. Okay, at this time is there
anyone Town,--Board member who would like to have anything further to say?
Ray?
JUSTICE EDWARDS : Yes, I have one little comment here, Frank, on the--we'll
call them "the mosquito girls"on Fishers Island. this summer==lf you. could see these
two girls riding around in a' pick-up truck that was sent over by the Town. It
was very well appreciated. I f'you could see these girls around and going into
the the swamps, completely head to toe with bites--not from mosquitos,: though;
and poison ivy. They did'one heck of a job this summer, and it's really noticable.
Even though we haven't had that much rain over there, this BTl Program there's
no doubt about it; I cannot wait from the final results from Mr. John Thatcher
to come with, 'but it 'definitely does work, and it's money well'spent, at least the
population of Fishers Island realizes that. Thank you, Frank.
SUPERVISOR MURPHY:_ Thank you,. Ray.' Jean?
COUNC.ILWOMAN COCHRAN : Yes, I would just like to make note to a memo that
we all received in' our box from Jim McMahon on Home Improvement." It says,
"Thanks to the North Fork Housing Alliance, the Town of Southold leads Suffolk
County Community Development Consortium in' the number of home improvements
completed with 18, and I think it was important enough to be noted for the public
record.
SUPERVISOR MURPHY: It certainly is. Paul? (Nothing.) Jay? (Nothing,' Frank. )
_George?
326 AUGUST 25, 1987
COUNCILMAN PENNY: Just that I. think if"we are going to discuss the Town
Attorney maybe we should adjourn 'at the end of this and go into a- brief Work
Session and discuss it 'tonight--recess--recess and go into a Work Session.
COUNCILMAN SCHONDEBARE : If you're going to discuss personnel, are you
going to do Executive or are you going to do Work?
COUNCILMAN PENNY: That's the option of the Board at that time.
SUPERVISOR MURPHY: If you'd like to I wouldn't mind. .
COUNCILMAN PENNY: If you want to discuss it. We said we would discuss.it
today. There's no reason to put it off for two weeks if we want to discuss it.
SUPERVISOR MURPHY: Okay, we'll recess after we have the public comment,
because it will' be an Executive Session. Okay, is 'there anyone in the audience
who would like to address the Town Board on any.matter that is of any concern?.
Left? Middle? Right? (No response.) Everybody must be -happy.
COUNCILWOMAN COCHRAN : Question. We're going to recess and discuss hiring
a Town Attorney. It will be a recess and we wi II then be coming back the decision-
or take action?
SUPERVISOR MURPHY: If we recess we would have to come back to close the
meeting and/or to hire. =
COUNCILWOMAN. COCHRAN: Okay. I just; wanted to clarify for the public that
the meeting is.'not really finished.
SUPERVISOR MURPHY: Okay, but we will be going into Executive Session. So
at this time I'd like a motion to recess for the time to discuss a possible Town
Attorney.
Moved by Councilman Penny, seconded by Counci Iman Schondebare, it was
RESOLVED that a recess be called at this time, 8:25 P.M. , for the purpose of
holding an Executive Session to discuss personnel.
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.
Recess: 8:25 P..M.
Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that an' Executive Session be convened at this time, 8:25 P.M.
Vote of the Town Board : Ayes : Councilman Penny, Counci(woman Cochran,
Council-man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor
Murphy. This ' resolution was declared duly ADOPTED.
EXECUTIVE SESSION
9:26 P..M..r°= Town Board discussed personnel - possible appointment of a Special
Counsel to the Town Attorney (see proposed Resolution No. 14 which was not
acted upon) .
Meeting reconvened at 9:50 P.M.
SUPERVISOR MURPHY: We are going to reopen the .regular meeting at this time.
There will be-no action as a result of the Executive Session, and we have no. further
business, therefore I would like a, resolution to adjourn.
Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 9:51 P.M.
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.
Judith T. Terry
Southold .Town Clerk