HomeMy WebLinkAboutTB-06/02/1987SOUTHOLD TOWN BOARD
JUNE 2, '1987
3eorge L. Penny IV, Town Clerk 'Judith T. Terry,
1~ Counsel to the Town Attorney.
SESSION-: 9:00 A.M. ~
perviSor Francis'J. Murphy, Justice Raymond W. Edwards, Councilman
Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jea~ ". Cochran,
Francis'~J. ,-:
'he Board met with Richard .F. Lark,. four, er;' s~pe:¢ial' Attorney, for his report on
liti~g~t[bn'.and~personnei matters. , ~ -.
10:25~:A.M. - Peter Danowski, :Esq. and Charles Bowman, Consultant, met ,with
the Board to discuss a new proposal for the development of the Sage property
'by the new owners, Harborview Realty, Inc. The pr~v'ious owners had reCeiVed
'cluster approval for this'property. Mr. Danowski Was advised t~e should Be-meet-
,':" :~ ing with the Planning Board on this :matter. .
10:'40 A.M. - William F. Mullen, Jr., Insurance Consultant, engaged by th~ Town
-to r.eview the Town's General. Insurance Program, reviewed in'_detail his'May 18th
-' . report. It appeared that Mr. Mullen's proposal for the review; and the results
of his'~tady, Would save the' Town several thousands of dollars if 'implemented.
The' Board accepted the report and 'authorized payment ~for his'services (see .
~' ~es01ution no. :1'9).
11:40 A.M, - Town Trustee PPesident Henry P. Smith, and John Hansen, appeared l!i~
be?r,e' th.e Board to "request that Wunneweta Pond, Cutchogue be 'put on the dredgjn~~
priority iist. ~ Dr. Hansen stated there are 30 'residents on Wunneweta Pond and -'
the proposed cost to dredge this year is '$14,000. Mr. Smith said' the Trustee
'fully support, this proposal~ William Mullen, who as present during this 'discussion,
a,~resident on [he Lagoon, stated the residents had just paid' $60,000to have it dredged
and 'bulkheaded, and there are only 16 homes around the Lagoon. He requested
consideration for the Lagoon to be included in:the priority list. 'John Guildi, Suffolk
County Departm-~nt of Public'Works, DivisiOn of Waterways, will" be asked to come
out and conduct a survey of those areas. DEC & Corps of Engine~s',-permits
have already been obtained by the Wunneweta Pond AssoCiation.
1~:50 A.M. - Town Planner Valerie'Scopaz met with the Board to discuss her analysis'
of the engineering se~tices-:-proposals. She recommended to the Board that cost-
wise an in-house employee would be the mosit economicai~olution. The Board will
research the method of hiring such a person. ~ln a discussion concerning the
appointment of a Local waterfront Revitalization' Program AdvisOry Committee, Ms.
~copaz reCOmmended a five-member commit[ee as being ~most workable solution. :
12:20~P'.M. - Recess for.. lunch.
1'::40: P.M Work Session" reconvened, and the Board reviewed For DisCussion .Items:
[1).. Expiration of the term of Frank Bear, Chairman of the.Water'Advisory Committee;~
. Board,. agreed to reappoint for another five years- (see resolution' no. 20)'.,-I (2~)inter~
view of applicant for part-time Custodian position wi'Il; be arr, anged by SupervisOr'
"Murphy. (2b) Local Waterfront Revitalization Program Adv,sory Committee. resumes
have been received, but Board wishes Town Clerk to send a notice to all those
individuals who received the draft to determine their'interest. [3) Discussion
relative to amount to be deposited with the Town in lieu of land for park and play-
ground in the subdivision of Oregon Heights, (see resolution no. 21). (4} 'Copy
of a resoldti0n~;[rom the Town of Shelter island in'support of ~-Striped Bass fishery
legislation proposed in'Assembly bill no. 6278. Board does not wish to act until
they have a copy of the bill; [5) Resolution in'support of the creation of ~i Suffolk
County Resource Recovery Agency (see resolution no.. 22)'. [6) Resolution 'Ln support
of the creation of the Suffolk County Pine Barrens Wilderness and. Water Protection
Preserve (see resolution no. 23). -[7') Letter from Norman Nosenchu~, NY: EC '.
concerning possible NYS Environmental Quality Bond Act grant assistance
Town of Southold Resource Recovery Project. 'Supervisor Murphy
H2M group, along with Dr, Eliot Epstein' of E & A
to travel to Albany to meet with Mr. Nosenchu~k..':(see resolution no. 24). (8) Letter
~'r~om the Southold Fire Departm',ent disconti'nuin9 their'lease with 'the Town for the
parking field in=the rear of th~ fire district property, due to increased Use of
the parking area, plus the increase in'frequency of emergency and fire alarms
'which has caused concern that a serious accident may occur. (9) Proposal from
Urac Corp. to review Town's Lilcb bills for possible overhharges; they 'to share
50/50 in'any recovery obtained on the Town's behalf.. (1.0)~ Engineer services
proposals - discusseci at T1:50 A,M. with Town Planner Scopaz. (11) Letter from
complaint against presumable.v~i,olators of '~he
referred to the B'uiJ'ding Department.. [12)?Discussioh
of the Water Advisory: Committee's proposal for a Water'Man~gemeni Program with .~i~.
WAC Chairman Frank Bear. Board accepted the 26)
and referred same to t~e Planning Board for impl~
(1'3) Receipt of a proposed Change Order :',with
~egard to additional cc~ncrete-curbing at the Dog POund.
the Board thins 'y. (14) Code Cc iproposed
Local Laws ;Crab Pots, PolitiCal. Adv
Permit; ln~:rease in Peddling Permit 'Fee, referred
for drafting. Di's~ussi0,n ~elative to proposed g l~pearance
will: be held until 'CoUn~iiman Schondebare, ~meets
with Mr. YakabOski ~o :review. [1'5) Discussion rel!~tive
with the Town in lieu of land for park and playground in'
"PapadoPOulos and ~Maragos" (see resolution no. 27). (16)
Michael Caprise'ito the position of Scale Operator [see
Discussion relative to setting salary for Venetia'McKeighan,
and the creation ol ion of Assistant Direc~o:r of Senic
appointment of ibSki:: (see resolutions 29a
CouncilWoman C the services of Archite~t, Ro angaged
to prepare working drawings for an emergenc~ exit for the Accounting & Finance
Department (see resolution no. 30).
EXECUTIVE SESSON
of. Sen or Services,
.the
4:45 P.M. - The Board met with Executive Administrator Victor Lessard to discuss.'
possible litigation.
5: 00 P.M. - Board audite.d_,_outstanding vouche rs.
5:25 P.M. - Work Session adjourned.
REGUI:AR MEETING
7:30 P.M.
A Regular Meetin~ of the Southold Town Board was held on Tuesday, June
2, 1987, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
MUrphy opened the meeting at 7:30 P.M. with the Pledge' of Allegiance to the Flag.
Present: Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebare
Councilwoman Jean, W. Cochran
Councilman George L. Penny IV'
Town Clerk Judith T. Terry
SUI~ERV~O~:MUi~PH¥~ '-.I. Will officially call this Town Board meeting to .order and
thank yo~ 'ali for coming out this evening. The first order of business is a' resolution
approving [he audit O.f the bills of June 2nd, '1987.
1987
Moved by COuncilWoman Cochran, seconded by JUstice Edwards, it was
RESOLVED that ,the following audited bills be and hereby are ordered 13aid~ General
~- Fund Whole ToWn bills in'the amount of $20;034~88;' General Fund Part Town bills
in'the amount of $7'; 916.53; Highway Department bills in' the amount of $7S,332'. 92;
~ Fishers Island Ferry Dist'rict bills in the amount Lof $27,548.39; Southold Scavenger
Wastewater District.billS in the amount of $14,538'.0.1; COmpactor-Tractor Bond
Anticipation Note:bill',"in:the,arnou~t'of $785.'00; Fishers Island Sewer Distr:ict bills.
in: the amount of'$'49. 56.
Vote Of the Town Board: Ayes: Councilman Penny,~ CouncilWoman Cochran~ Council~'
'n~'an '$chondebare.~ Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy...
ThiS~' resolution was declared duly ADOPTED.
~"$UpERvIsOR MURPHY: And next is'a resolution approvingthe.Town Board.m~,~Ute '
of o u la r meeting of May '19th, '1987;
'ds, seconded by Councilwoman Cochran, it was
RESOLVED. that the minutes of the RegUlar South°Id Town Board Meetinq held on
Ma¥~ :19, 1987: 'be and ~ are appro~/ed. -
Vote of the Town' Board; Ayes: Counci. lman Penny, Councilwoman Cochran, .Council-
: m-"~-~-~'~-h~ c-c'~'~-n-cilm~n. St0utenburgh, Justice Edwards, SuPervisor Murphy..
':This:reSolution was declared. ;duly. ADOPTED.
UPERVISOR MURPHY: . Next is'a resolution setting the next meeting for?J~ne
7':30' P.M., Southold Town Hall. I Offer that resolution.
"Moved by 'Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the next Regular Meeting of the Southold Town Board' wi:II l~e held
_ atNe~7:30york.P.M., Tuesday, June 16, :1987. at .the Southold Town Hall, Main Rdad, Southold
-~ Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-
' ': man Schondebare,, Councilman Stoutenburgh, Justice Edwards, Supervisbr ~Murp.hy.
This resolution was declared 'duly ADOPTED,.
SUPERVISOR MURPHY: Okay, at this 'time we have a special' proclamation, ' and
is'proclaiming the week of:June 7th through 13th, 1987 as Safe Boating Week
in'the Town of Southold. I'd like to ask Ed. Nelson from the'Power Squad',ron to
come up as I read the proclamation for him~
Moved by Su~0e~vis0r Murphy, seconded by the Entire Town Board,
WHEREAS., the .Town Board of the Town of S~ut~l~oltLwishes to recognize' the many
public:services provided by the' Peconic Bay Power Squadron, 'Inc.; and
WHEREAS, the Pe'c(~nic:Bay Power Squadron, Inc. sponsors' semi-annual free.boating
classes to all age groups, therefore ensuring that basic'skills and seamanship are
instilled in' the .raids of boat operations; and.
WHEREAS, Jurre~7 through 13, '1987 is "Safe Boating Week";. now, therefore, be it
RESOLVED that the Town Board of the'Town of Southold hereby proclaim~ the
week of June 7 through 13, :1987:: SAFE' BOATING WEEK in'the Town of Southold,
to bring about an increased public awareness that safe boating is no accide.
Vote of the Tow n Board: Ayes: Councilman Penny, CouncilWoman Cochran,
Council-man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor
Murphy. This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Ed, I Would like to thank yoi~. and~your, organization
really fo~ ~doing a great job over the many' years, and we never ~<now, realily, how
many people you really helped and saved from serious injury~by your courses.
! think its 'great and we apprecial~e it.' Thank you, on behalf of the entire Town
Board, thank you and your group.
.ED~NETLSON; Our pleasure.
,. REPORTS.
SUPER~I~SOR MURPHY: Okay, moving ~n'to.our first item on the agenda are Report
Thesethem. are all on file' in'the Town Clerks Office for anyone wanting' to know about -
1. Supervisor~s Annual Budget Report for 1986. -
2. Building Department's monthly report for May '1987;
3. Town Clerk's monthly report for May 3987.
4. Recreation Department s monthly report for May 1987.
5. Town Justice Edwardls_~- monthly report for May :1987.
- 6. C~ancilmen's Reports. At this'time I'd like to ask the Councilr~e~n if '.
they have anything special to report, starting on my right with George Pehr~¥~
PENNY: Please start at the other end, Frank. I'm looking ,up
157
JUNE 2, 1987
SUPERVISOR MURPHY: Ray?
............ SUPERVISOR MURPHY:
JUSTICE EDWARDS: Oh, jtl~anks,i George. The last Town Board meeting I-had
was' just about a month ago, .and i,t was a spedal' occasion, because it'wa~' during
the day and Jay Schondebare did-not show up. It was on a Friday, and ! .think
it'was somewhere around the beginning of May, and I left that Saturday and drove
over: 9,000 miles driving to the West Coast, to Oregon, Seattle, back
to Los ." k here yesterday..from my last stop in' Pittsburgh, and
there's so States. It's amazing why ~people wanl: to.go
out fferent things,.when you!ye got .so much beauty, history..'
~and li,fe st was over: 9,000 miles of pleasure. Thank you.
Thank you, R~yo !'m glad you enjoyed it. Jean?
COUNCILWOMAN COCHRAN: Yes, on ,Wednesday, May 20th, the Hodsin~ Committ~e~
met with Attorney Ed Reale to investigate.how the Town can legally get involved
i'n'moderate income housing. We looked at the development of some of the County
lands which we are now acquiring, On June 1st the Housin9 Committee met with
Robert Villa of the .Suffolk County Health Department and MY. Villa explained that
the Health Department is cooperating with other municiPaliti~§ in' Suffolk County
in relation to affordable or moderate income housing. He also shared with us
. very interesting concept of transfer of land creditS. Say :the Town has a piece
of property and there are different options and ways that you can put this into
prosperity for ever until 'the end of time and transfer those credit~ to :those for
affordable hOusing. Tomorrow morning the committee will' be meeting with' rep-
representatives from the area banks to dis~,uss possible financing. On Tuesday,
May 26th Mr:. Murphy and Mr. Lessard and myself traveled to Huntington to Geico
Modular Units. They're a firm that deals .in;:modular units. As you mayor may
not be aware., we're beginning to 'burst at thA seams here in Town Hall and we've
got to find a solution for more work space so that our employees have better work-
ing conditions, plus we have a place to put them. So the committee will' be continuing-
along on that path. On the 29th l'sat in on,interviews for S~cale Operators and
a Sanita;tion Supervisor with the Disposal Area Committee and Mr; Schondebare
will report on that. On the 28th I met with the Village Green Commit~eeand with.
community groups, and although the gathering was small, we ha~l excellent input
from those that attended and it appears that we have strong community support
on the development of the Green. On the 21st Councilman Stoutenburgh and myself
met with Bob M'uie'on beach matters. On the 28th we also interviewed Beach Attend-
ants, and th'~-also on the 28th in the evening I sat in on interviewin9 with Council-
man Schondebare and Stoutenburgh for our new Recreation DireCtor. This has
not been brought to a completion as yet, but I have hopes within the next two
weeks we!Il.be.able to solve that problem. In' between I was privileged to march
in:the Memoria~ Day Parade in'Greenport. I'd like to thank the Legion for their
invitation, and_ali in:all it's been a 'busy two weeks, Frank. Thank you.
SUPERVISOR MURPHY: Thank you, Jean. Paul?
COUNCILMAN STOUTENBURGH: Yes, as. Jean has said, we met on the 21st on
a Beach Committee meeting, getting ready for the season to start. Our beaches
are oj~ening right after school on the '20th, it's the weekend we'll have our beaches
open. They are 9oin9 to also have an inspection of ali our beach faciliti'~§-'~i-~-h
th~' Health Department prio~ to that 'to make sure they all meet with all t'he recommenda-
tions and our Beach Committee will be traveling with Ray Jacobs on this: As Jean
also said, we interviewed some young people, and I must say it gives you a strong
heart to see the wonderful young people we have in our community. We had about
16 young people and we were only allowed to chose four'of.them, and it's probably
one of the hardest jobs I think Jean and .I have had.. to do in'a long time. They
were beautiful kids, just 'wonderful. You,. Couldn't ask for nicer' people. But we
did select four of them and they'll be notified this 'week. I also sat in on the Code
Committee and Jay being Chairman of that I'!! let him' take care of that. ! think
that's about.
SUPERVISOR MURPHY: Thank you, Paul. Jay?
COUNCILMAN SCHONDEBARE: Yes, thank you., Frank. Contrary to Justice Edward's
remarks, I was at the Town Board meeting the last time you were. there in '.the
afternoon. I'm glad to see that all my profound remarks were totally forgotten.
You don't even remember I was there.~
TOWN CLERK TERRY; It was the meeting before that he missed and that's why
you had the next meeting in the afternoon.
COUNCILMAN SCHONDEBARE: That's how you did it to me. I was in Florida,
if you remember. That's how you snuck in:the afternoon meeting on me. It taught~
me never to leave town. I did, as already indicated, sit in on the Recreation Su
JUNE 2, 1987
visor intervieWs, as ~ve ali the Landfill interviews. We wili;,appoint tonight a Scale
-.Operator off the Civi'! Service List. and we had one for sanita~i°n Supervis0r that
.we waited for. but the person either declined or didn't show. So it"S back to the
drawing, boards on that. They're both Ci.vil 'Service positions, so.we have to go
through those necessary channels. Code Committee did m~et the other night. I
had a meeting On Frida~ afternoon ir~ anticiPation of today s Board meeting, Other-
- wi'se we Would have me~ tomorrow night. Wl~ich is:like the day after the ~:own Board
meeting'and You're-behind two weeks, so eVeryone was .nice. they cooperated.
and they all showed Up at ~:30'~ 5:00'o'clock.on. Fr!day afternoon and we sat here
until about 6'~30- 6:~5 :trying to knOck out the work so we could present it t°
the ToWn Board here today. We,got involved ,in' a 'number of areas, some of which
are, still'on the 'drawing b~ards,. ArchiteCtural-' Review Boards is "'something to consid6.-
and we'll be toying With that. That's probably one of the biggest, ones that we ~
~a~Vweasa. t the present time~,. I know I did'something else. but i Cant remember, what e~
MURPHY: George? '
COUNCILMAN PENNy: Yes,.thank you. On the 20th ! attended a meetin9 of the
Water. Advisory. Committee, which 1'11 report on because i don't believe that Paul
wa~ there, that evening. We helped wrap up our final.'recommendations, number
9 and 10' 'for the Water Management Report for the Town of Southold. and then
we spent a lot of time concentrating on the g~r,.o?ndwater aquifer divide, whi~:h runs
Up and down the spine of the North Fork. It's fairly Consistent with the L~ng '
Island Rail Road, which makes it 'easy to iden~if~ on maps. We,re disCuss|ng~Urther
'i'd0i'~0'h-either side of this 'divide,-/ and we.would l~pe
to concentrate on a water overlay area in these areas to provide means of,preserv-
ing these areas for well sites for the future...On the 27th~we had a meetin~ of '_
Commerce and Industry. We discussed:the Laurel Booth, more tree planting's at
the Greenport Booth, some of the landfill' problems which ~the Town is 'undertaking
as quick as they seem .to come up, the Greenport dog situation, Economic:Advisory
Committee repor:t, and we.. had a lengthy discussion on the ind-Ustrial'. zones-in"the
proposed, versus the current. Zoning. Our next meeting will':be on the 10th of
June and we're going to discuss hamlet density .and :the resort residentials and
how they compare to the M-1 and the. M zone-which are presently in:effect... !On
the. 28th We had another qui6k meeting of the Water Advis0ry.'C(;mmitl~ee, just .... to ' -
-review the Water Management.Report, which w,e received' today.~ On the ,28th.i '
attended the Recreation Supervisor interviews. On ~e
· and on the 1st a meetin9- of the Housing Committee,
)rted on,~lready. Thank you.
SUPERVISOR MURPHY: Thank you,. George. As you could see quite a bit of
activity constantly going on here, and I Would just Ilke to, at this time, publicly
thank ~he Water ~dvisory Committee for, ! think, presenting, a very, very 9ood,
POsitive report to the Tc;wn Board, and hopefully people`in'the future will~ be ·thank-- .:
lng you people-,- I think you did'a very good job. Also, just to add where Jean
mentioned about Memorial Day. It was quite active. The two--one official and
one non-official da~ys, and I was. very, pleased to see that people really did~not
forget the great sacrifice that many veterans, have given over the years in many,
many, far too many wars, and people do still'turn out and are proud of the fact-
that they're Americans.
I1 :' PUBLIC· NOTICES.
----SUPERVISOR MURPHY: Okay, moving on to the second item on the agenda 'are
Public Notices. There are three of them. ':T. hey are on file in the Town Clerk's
Office and posted, On the Town Clerk's Bulletin: Board' for anyone.to look at..
1. U.S. Army Corps of Engineers, notice, of application of Port of: Egypt
Enterprises, InC. to install ramps, floats and galvanized piles at, Budd's Pond,
Shelter Island Sound, Southold. Comments by J.une "15, '1987,
2. New York State Department of Environmental Conservation, notice of
application of Deep Hole Creek Association fo~ permission to.maintenance dredge .
a trapezoidJarea measuring 180' ft. by 200 ft. by 55 ft. to a depth of 6'ft..below
mean low water and place the resultant 2500 Cubic'yard,s of sand sediments along
a 400 ft. section of beach updrift of the inlet approximately 10 ft. landward of
mean high water; dredging wi.Il'be accomplished by dragline. Project is'located
at the mouth of Deep Hole Creek at MarratOoka Point, Mattituck. Commentsl.by June
5~ 1987.
3. New York State Department of Environmental Conservation, notice of
application of Salt Lake Association to dred9e 80 ft. by 120 ft. mooring area to
6 ft: below mean iow water and place resultant 1000' cu. yds. of spoil On an u~land
site on opposite shore in 100 'ft. by 57 ft. area extending landward from the mean
high water line and east from the east side of an existing groin, on lands of Folly
Beach Ltd. Project site is near entrance to James Creek at southeast end of Old
Salt Road (dredging} and at southwest end of Reeve Avenue, Mattituck.
by June ,12, 1987.
JUNE 2, 1987
i11. COMMUNICATIONS.
159
SUPERVISOR MU~RPHY: Next is:Communications. T.here is one. from .the Eastern'
Long Island Hospital Au×iliai~y thanking the Town.. for the use of the R. ec,. Center
for their:flower Sale which is a very'important'fund raiser. -:
iy. PUBLIC HEARINGS. {beginning at ~:00 P.M.)
1. 8:00~P,.M. =. proposed "Local Law in relation to bazaars, fairs, carnivals,
circuses and public:shows and entertainments."
2. 8:05' P,M. - proposed. "Local. Law authorizi'ng the issuance of appearance
tickets by Traffic'Control Officers."
3. 8:.10 P.M. - proposed. "Local Law to amend Chapter' 92 of the Code of
the Town of Southold in' relation'to traffic'regulations."
4. 8::15 P;M. - proposed "Local Law in'.relation to the regulation and. control ~
of Alarm Systems."
5. 8:20 P;M; - proposed "Local Law in: relation to Flood Damage Prevention."
V. RESO LUTIO'NS.
SUPERVISOR MURPHY: Since it is'too early for the public:hearings we'.Ii move
on to Resolutions. i Would just like to remind the audience that there is a Town
Board policy, if anyone would like to address the Town Board on any proposed
resolution, now is :the time to do it. Anyone who would like to comment to the
Town. Board on any other 'item of' interest or concern to them, we'll entertain' that
after the resolutions. So :'l'd~like to ask now if:there is'anyone in'the audience
who would like to address the Town Board-on a proposed resolution? On the right?
In' the middle? Oh',the left? [No response.) If'not, thank you, and we"Il move
on to the first resolution and it's the appointment of Lifeguards. ._
. Amen. ded~7/16J,87 by. Resol.. #37.
· J~oved oy t~ounc~man Stoutenourgn, seconded- by Councilwoman Cochrao, it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints the follow-
ing .Lifeguards for the 1987' Summer Season:
Matthew J. Gans ............. $5.00 per hour.' :
Chris-C. Oliver .............. $5.00 per hour
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.
SUPERVISOR MURPHY: Number 2 we're going to hold for a, litt'le more research.
- {~mending p~or resolution ~]87: 'relative 'to changing the title of Melfssa Spiro
from Summer Rgsearch Intern, to Clerk Typist.) Number 3 is'to appoint Bryan
Weingart as a part-time Radio Communications DisPatcher. I Offer that resolution.
2. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Bryan
R. Weingart as--a part-time Radio'Communications Dispatcher, effec~;ive immediately,
at a salary of $6.50 per hour.
2.~Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
'This resolution was declared duly ADOPTED·
SUPERVISOR MURPHY: Number 4 is to authorize the withdrawal of the acceptance
of a previous bid of R. O. Welch Asphalt and accept the bid of Paul Corazzini
and Sons for delivering and applying asphalt road material'. I offer that resolution..
Moved by Supervisor Murphy, seconded by Justice Edwards,
WHEREAS, the Southold Town Board, on April 21, 1987, accepted the bid'of R.
O. Welch Asphalt Corp., in the amount.of $1.18 per gallon, for delivering and
_applying 150,'000 gallons, more or less as may be needed, or. Grades RC-2 and MC-2-
.Asphalt Road Materials; and
WHEREAS, on April 23, 1987 the Town Clerk notified R. O. Welch Asphalt Corp.
of the acceptance of their bid, and in accordance with the Specifications, requested
the submission of a Labor and Material' Payment Bond and a Performance Bond for
the faithful performance of the contract, each. in the amount of $177,000.00; and
WHEREAS, on May 15, 1987:,' after faildre of the bidder, to submit the required
bonds, the Superintendent of Highways caused a letter to be hand delivered to
R. O. Welch Asphalt Corp. notifying them that the performance bond must be received.:
no later than 12:00 P.M. on Wednesday, May 20,' '1987 at the Town Clerk's Office,
other wise the bid of the next lowest bidder will be accepted, all in accordance
with Item 6 of the signed bid: form of April 20, :1987; and
WHEREAS, R. O. Welch Asphalt Corp. failed to deliver said: bonds :by May 20,
:1987:, or in fact to this date, now, therefore, be it
RESOLVED that the Town Board of thehTown of Southoid hereby.withdraws their
acceptance of the bid of R. O. Welch Asphalt Corp. for supplying Grades kC-2
and MC-2 Asphalt Road Materials, and authorizes the return of their $3, Q00. 00
bid' deposit 'check:; and be it further
~ESOL~VED that tl~e Town Board hereby accepts the bid'of the next lowest bidder,
.Paul Corazzini ~ Sons~ In~:., in'the amount of $.24 per gallon for delivering and
applying 150,000 gallons, more or less as may be needed, of Grades RC-2 and MC- 2
Asphalt Road Materials.
B.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council~
man.Schondebare, Councilman Stoutenburgh, Justice Edwards,: Supervisor Murphy.
This'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY; Number 5 'is to authorize the execution of a maintenance
agreement.
5. Moved by Justice Edwards, seconded by Councilwoman. Cochran, it was
that the Town Board of..the Town of Sou.thold hereby authorizes and
~isor Francis'J. Murphy to execute a Maintenance Service Agreement
I )es and the Town of Southold,. for the Olympia'Supertype 230 Type-
~vriter and Olympia Micro-Disc Drive, for a fifteen (15) month p~riod, commenting
on September 2, ,1987 and ending' on December 2, I988,. at a total cost' of $145.00.
· 5.i-Vote of the Town Board: Ayes: Councilman Penny,. Councilwoman Cochran, Council-
.'man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This'resolution was declared duly ADOPTED. ~'
PERVlSOR MURPHY: And Number 6 is 'to authorize' legislation to be introduced
~ Senator Ken. LaValle. I. offer' that resolution.
6. Moved by Super~is~,r Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby refers to New
York State Senator Kenneth P. LaValle and New York State Assemblyman Joseph
Sawicki, Jr. the ~followin9 "Act in: relation to authorizing the Town of Southold, '
Suffolk County, to estab ish a local parks and conservation, fund and aut.horizin9
said'Town to impose a real estate transfer tax with revenues therefrom to be deposited
· i'~' the local park and conservation fund for the purpose of acc~uiring, administering,
'and managing rights or interests in'real property for open space, parks, and historic
~reservation purposes, and be it:further
iD that the Town Board he~-~-~ecl~se~t-0~r~aValle and~As§emblyman
'Sawicki to introduce said legislation on behalf of the Town of Southold in the New
York State Lle~lis[ature. Said Act reas as follows, to wit:.
· AN ACT in relation to 'authorizing the Town of Southold, Suffolk County,
to establish a local parks and conservation, fund and authorizi·ng said Town to
impose a real estate transfer tax with revenues therefrom to be deposited in· the
local park and~_conservation fund for the purpose of acquiring, administering,
and managing rights or interests in' real property for open space, parks, and
historic preservation purposes.
Section 1. Legislative findings and intent. The legislature finds
that the protection and preservation of open space, significant natural areas,
and historic places and the provision of park and recreation opportunities are
public purposes that greatly concern the people of the state. It'is: further
found that techniques such as the creation of land acquisition funds permit local
governments to carry out such purposes. -Therefore, this' act is intended to
enable the Town of Southold to protect and preserve open space natural areas
and historic places and to provide park and recreation opportunities through a
local parks and conservation fund financed by a tax levied on the transfer of
real property within the town.
Section 2. Definitions. As used in:this act, the followin~t words
and terms shall have the followinC~l meanings:
JUNE 2, 1987
1 6'1
(a) Person ~eans an ~nd~v.dual, partnership; society,
association, joint stock company, corporation, estate, receiver, -~trustee,
assignee, referee, or any- person acting in a fiduciary or representative
.c, apacity whether appointed by a court or otherwise, any combination of.
individuals, or any other form of unincorporated enterprise owned or conducted
bY two or more persons.
(b) "Deed" means any document, instrument, or writin9
(other than a will) regardless of where made, executed, or delivered, whereby
any real property or interest therein: is:created, vested, granted, bargained,
sold, transferred, assicjned, or otherwise conveyed.
(c) "Real property or interest therein" means every estate
or right, legal or equitable, present'or-future, vested or contingent, in' lands,
tenements, or hereditamentS, that are located in' whole or in part within the
town. It shall not include a mortgage, a release of'.a mortgage or a leasehold
for a stated term of years or part of a year. It shall not in~zlude rights to
sepulture.
(d) "Consideration" means the price actually paid or required
to be paid for the real property or interest therein, whether or not expressed
in the deed and whether paid' or required to be paid' by money, property, or
.a, ny other thing of value. It shall include the cancellation or discharge of an
indebtedness or obligation. It shall also include the amount of any mortgage,
lien, or other encumbrance, whether or not the underlying indebtedness is
assumed. ~-
(e) "Fund" means a local parks and conservatio~ fund created
pursuant to Section 3 of this act.
(f) "Grantor" means the person making, executing, or delivering
the deed.
(g)
any of the real property that is
therei n.
"Grantee" means the person accepting the deed or obtainin9
the subject of the deed or any interesl
(h)
(i)
the State of New York.
Section 3.
"Recording officer" means the clerk of Suffolk County.
"Town" means the Town of Southold, Suffolk County in
"County" means Suffolk County, New York.
Local parks and conservation fund. The Town of Southold,
Suffolk County may establish a local parks and conservation fund;~. The proceeds
of such fund shall be' used solely for the development of a local open space,
conservation, park-,' 'or historic' preservation plan or. for a,cquirin9,
JUNE 2, 1987
managing: and administerin9 rights or interests in' real property for open spac,,
conservation, park or historic preservation purposes in accordance with such
..plan. Real property acqu red, managed or administered with proceeds from sucl,
fund shall not be sold or disposed of or used for other than such purpose-.
. :' except in' accordance with procedures adopted by the town board which shall
? ": ~ ProVide for the substitution of other lands of equal fair market Value and
reasonably equivalent usefulness and location to those to be dis(~ontinued, sol_d_
.~positS into the:fund shall include revenues of the.town from
what,vet source; provided, however, .that revenues from a tax imposed upon
the transfer of. real property interests in:the town pursuant to Section ~ of thi~
act.shall be deppsited in'such fund. ---~ -
_Nothing contained in this section shall be construed to prevenl~, thC .
_§nancinq in whole or in part, pursuant to 'the local finance
acquisition otherwise authorized pursuant to this section. Moneys from the'~fund
may be utilized to repay any indebtedness or obligations incurred after the
effective date of this act pursuant to the local finance law for acquiring,
managin9 or administering, rights or interests in' real property for open spaco,
conservation, parks or historic preservation purposes. An advisory committee
Shall be established by the. town board to review and report to the town on any
proposed ac r~Uisi'tion.
Section 4. Tax authorized. Notwithstanding any other provisions
of law to the contrary', but subject to the limitations enumerated in this 'act,
the Town of Southold, acting through its town board, is hereby authorized and
empowered to adopt and impose by local'law a tax on each deed at the time it is
delivered by a grantor to a grantee whent he consideration or value of the
interest conveyed exceeds one hundred dollars, at a rate not to exceed two
percent of the consideration or value of the real property or interest therein
.conveyed; provided, however, that with respect to (A) conveyance or transfers
of one, two or three-family houses and individual residential' condominium units,
or interest therein; and (B) conveyances or transfers where the consideration
or value is less than five hundred thousand dollars, the consideration or value
of the interest conveyed shall exclude the value of any lien or encumbrance
r. emainin~t thereon at the time of sale.
Section 5. Administration of tax. (a) The tax authorized by this'
act shall be administered and collected and may be amended or discontinued as
~ovided by local law. A graduated rate or tax providinC~ for an increased rate
of tax for increased consideration may be enacted in such local law; ~
however, that in no case shall the highest rate exceed two p.ercent, final
determination of the amount of 'any tax imposed pursuant to this'
163
JUNE 2.. 1987_.
re un¢!~l~O~, ,filed_,~ith respect to such tax
determination denyin9 any f ~'~ ' ~ '
shall be reviewable pursuant to article seventy-eight of the civil practice law
and rules if an application therefor is made to the supreme court ,within four
months after the 9lying of the notice of such final determination.
(b) A local law imposin9 a tax pursuant to Section 4 of
the act, increasin9 and decreasin9 the rate of such tax, or repealin9 or
.suspendin9 such tax or creatin9 or modifyin9 exemptions from such tax must 9°-
into effect only on one of the followin9 dates: March first, June' first,
September first or December first. No such local law shall be effective unless a
certified copy of such law is mailed by registered mail to the recordin9 officer
certified copy by registered mail 'within a period of not less than thirty days
prior to such effective date if the recordin9 officer deems such action to be
consistent with its dutie§ under this' act. A certified copy of any local law
imposin9 or modif¥in9 the tax authorized by this a~:t ~hall be mailed by
registered mail to the commissioner of taxation and finance at least thiriy days
prior to such effective date.
(c) Where real property is'situated partly within and
partly without the town, the consideration subject to tax shall be such part of
the total consideration as is attributable to the portion of such real property
situated withi~n the town or to the interest of such portion. Where property is'
located within the Town of Southold and within'a town or towns which do not,
impose the tax only such portion of the consideration attributable to the Town
of Southold shall be taxable.
(d) Nothin9 herein' shall limit'the authority of the
town to enter into cooperative agreements for the collection of the tax imposed
by this act with any person designated as an agent for the collection of the
real estate transfer tax pursuant to section fourteen hundred seven of the tax
law of the State of New York. -
(e) A recordin9 officer shall not record a deed unless
the real estate transfer tax provided for in sectio~ 4 of this act shall have been
paid.
Section- 6. Payment of tax. (a) The real estate transfer tax shall
be paid by the 9rantor. If the 9rantor has failed to pay the tax imposed by
Section 4 of this act or if'the 9rantor is exempt from such tax, the.grantee
shall have the duty to pay the tax.
JUNE 2, 1987
(b) 'For the purpose of the proper administration of
this' act and to prevent evasion of the tax hereby imposed, it shall be presumed
-'that all deeds are taxable; where the consideration includes property other than
money, it'shall be presumed that the consideration is the value of the real
or interest therein; These presumptions Shall prevail until ~the
contrary is'proven, and the burden of proving the contrary shall be ori the
grantor, or where suc~h' tax i~ imposed on the grantee, on the grantee.
(c) The town board may prescrib~ any method for
pa~/ment of the real est~ite transfer tax so long as such method in~:ludes a
procedure under with payment'of the tax is' noted on the deed, or if'no tax is'
due, such a notation is 'placed on the deed.
Section 7. Exemptions, · (a) The following shall be exempt from ·
payment of the real estate transfer tax:
1. The state ~'~ New York or any of its agencies, instrumentalities,
political subdivisions, or public~ corporations (including a public' corporation
created pursuant to agreement or compact with another state or the Dominion of
Canada).
2. The United Nations and the United States of America-and any of
its agencies and instrumentalities.
The exemption of such governmental bodies or persons shall not,
however, relieve a grantee from them of liability for the tax.
(b) The tax shall not apply to any of the followinc~ deeds:
1. ~ Deeds that are or were. used to secure a debt or other obligation.
2. Deeds that, without additiOnal consideration, confirm, correct, modify,
or supplement a deed previously recorded;
3. Deeds or conveyances of real property without consideration and
otherwise that in' connection with a sale,
bona fide cgifts;
includin~l deeds conveying realty as
4. Deeds given connection with a tax sale;
5. Deeds given pursuant to mergers, dissolutions, or consolidations
of corporations or transfers by or to subsidiary corporations by a parent
corporation for no consideration other than cancellation or surrender of the
subsidiar¥'s stocks;
6. Deeds of partition; or
7. Deeds given pursuant to the federal bankruptcy act.
Section 8.
an not
C~Sideration Of the conveyance of all or a class of residential real
Local option exemption. The town may, by local l law,' ~ ~
in excess of one hundred thousand dollars" on the ; '
an interest therein~ Different ex_e~,i~Y~, be provided for different classes
.,of improved or unimproved residentia! real property.
Section 9. Penalties. (a) The Town may by local law p~ovide for
enforcement for failure to pay the tax imposed by Section 4 of this act.
(b) Any person who willfully fails' to pay the tax authorized
by Section 4 of this act and any person who willfully viol'ares any provision of
this act, or any local law adopted pursuant to this' act, or who willfully
attempts in any manner to evade or defeat the tax imposed by Section 4 of.this
act or the payment thereof shall be 9uilty of a misdemeanor and upon conviction
thereof shall be fined not more than five thousand dollars or imprisoned for not
more than one year, or both. A recordin9 officer shall not be liable under this
section for any inaccuracy in' the amount of the tax on the amount of
consideration or the value of the interest conveyed as such amounts are
provided to him' by the person payin9 the tax.
Section 10. Refunds. Whenever the town shall determine that any
moneys received under the provisions of this act were paid in error, it may
cause such moneys to be refunded, without interest, :provided that an
- application for such refund is' filed with the town within two years from the
date the erroneous payment was made.
Section-11. Disposition of revenue. All revenues collected by the
town pursuant to this act shall be deposited in'the local parks and conservation
fund of the town, pursuant to Section 3 of this act. The tax authorized by
Section 4 of this act may only be imposed where a local parks and conservation
fund has been created by a town pursuant to Section 3 of thi~-~act.
Section 12. Mandatory referendum. Any local law adopted by the
town imposing or reimposin.g the iax authorized by Section 4 of this act shall be
subject to a'.mandatory referendum pursuant, to section twenty-three of the
~municioal home ~ule law.
Section 13.'' Severability. If any provision of this act or the application
thereof shall for any reason be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair, or invalidate the
remainder of this act, but shall be confined in its operation to the provision
thereof directly involved in the controversy in which such judgment shall have
been rendered.
Section 14. This act shall take effect immediately.
6.-Vote of the Town-Board: Ayes: Councilman-Penny, Councilwoman Cochran, Council-'
man ~toutenburgh, Justice Edwards, Supervisor Murphy. No: Councilman Schondebare.
This'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is to terminate the employment of a part-time
Custodian.
1166
JUNE 2, 1987
7.~'Moved by Councilwoman Cochran, seconded by Councilman Penny, it Was
RESOLVED. that the Town Board of the Town of Southold hereby.terminates the
employment- of-Genevieve Oldakowski, 'part-time Custodian, effective May '29, 1987.
7.-Vote of the Tow n Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, 'Supervisor: Murphy.
This-resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 8 is~to appoint a seasonal Clerk Typist in the
Planning 'Board, Joan Davis, at a salary of $6.00 per hour, for the summer season.
I offer that resolution.
COUNCILMAN PENNY: Question. With respect to Resolution No. 2 and this resolute,
is 'there a connection between the two?
SUPERVISOR MURPHY: No connection. .
TOwN CLERK TERRY: This is the one Valerie'spoke about, at the last meeting.
· Diane needed help, office work. Melis§a goes out and does research and surveys
for the~'~Planning Board.
LINCILMAN SCHONDEBARE: If this one we have no problem appointing Clerk
Typist, how come we have a problem with the other one?
SUPERVISOR MURPHY: I don't know why? We'll have to research it;
8. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby, appoints Joan -
~ ;: ;...E. Davis as a Clerk Typist for the Southold. Town Plannnin9 Board, for the summer:-
season, effective June 26, :1987;, at a salary of $6.'00 per hour.
8.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
. man Schondebare-, Councilman Stoutenburgh, Justice Edwards,. Supervisor Murphy.
This' resolution was declared duly ADOPTED.. -
SUPERVISOR MURPHY:
Right Acquisition. '
9. Moved by Councilman Stbutenl~urgh, seconded by CouncilWoman Cochran, ii was
RESOLVED that the Town Board of the'~Town of Southold hereby authorizes and
directs Supe4~vi,s0r Francis'J. Murphy to execute a Farmland Development Right,
Acquisition - Option Agreement with James E.. Cross for his 26 acre parcel' of land
located on the north side of Route 25, Cutchogue, New York.
~ 9.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This:resolution was declared 'duly ADOPTED.. -
SUPERVISOR MURPHY: Number 10 is 'to set a public hearing.
And number 9 is'to authorize another Farmland DeVelopment
10. Moved by CouncilWoman Cochran, seconded .by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M.,
Tuesday, June 30, .1987,'_Southold Town Hall, Main Road, SouthOld, New York,
as time and place for a public:hearin9 on the Acquisi'ti0n of Development Rights
in the Agricultural Lands of James E. Cross, north side Route 25, Cutchoc. lue,
New York, 26 acres.
10.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 :is to appoint an Assistant Cook in our Nutrition
Program.
11.
Moved by Councilman Penny, seconded by CouncilWoman Coch. ran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Lisa
Cultuna as an Assistant Cook at the Southold Town Nutrition Center, effective
May 27, .1987, 35 hours per week, at a salary of $6. 00 per hour, plus benefitS.
11.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is to appoint Thomas MacDonald as a Van Driver
for the Southold Town Nutrition Program, effective June 1, 1987, 35 hours per
week, at a salary of $4~,67 an hour, providing that he passes the police check on- -
his license.eligibility. I Offer that resolution.
JUNE 2, 1987 16~7
12. Moved by Supervisor Murphy, seconded by Councilman Schondebare, it'was
lat the Town Board of the Town.Of Southold hereby appoints Thomas
a Van Driver for the Southold Town Nutrition Program, effective
week, at a salary of $4. 67 per hour, providing he
passes test of his driver!s license.
12.-~/0te ( : Ayes: Councilman Penny, CouncilWoman Cochran,~ Council-
Iman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This' resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is'to grant permission to hold a celebration.
13. Moved by Justice Edwards, seconded by Councilman, Penny, it was
RESOLVED that the Town Board. of~' the .Town of Southold hereby grants WBAZ a '
:SpeciaI License; in accordance with Section 100~11~(C) 0f' the', C0de'of the Town
ofSouthold, to erect a tent to hold a three-rind celebration Under the.WBAZ Bidg
T,,op, south side CR 48, Southold, on July 6, 1987, from 5:30 P.M. to. 8:'30 ,P.M.,
secure and maintain' the proper insurance to hold the, Town of Southold
'13.-Vote of the ToWn Board: Ayes: Councilman Penny, Councilwoman Cochran,. Council-' ·
man Schondebare, Councilman Stoutenburgh, Justi.ce Edwards, supervisor Mu_rphy.
iow was declared 'duly ADOPTED.
-~-~' ~" ~uPERVISOR MURPHY: . Number 14 is:to au.thori.ze'.the Commissioners of the Fishers
Island Flerry District to set the rates of employment for part-time personnel, effective
June i, :1987. _l_offer that resolution.
Moved by' Supervisor Murphy, seconded by Justice ' Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes 'the
Board of CommisSioners of the Fishers Island. Fery District to set the followincj
compensation rates for Fishers Island Ferry District part-time personnel, effective
June 1, 1.987: Thomas Alligood: $7:.93 per hour; Frederick Barrett, Jr.: $6.22
'per hour; Walter Barnard: '$9.76~per hour: Stephen Brenna, n:: $5.80 per ho,ur;
Robert Davis: $5.180 per hour; Donald H.ayes: $6.09 per hour; William Henderson:
$7~.'93 per hour;' 'Eugene Henson: $9.76 per hour; Robert Jordan: $5.'80 per. hour;
Brian KingSbUry: :$9.76 per hour; Robert Knauff, Jr.': $5.80 per hour; Christopher
Londregan:' $5.80 per hour; John Pia~enza': $7. 93 per hour; .John Stanford: $5.42
per hour; Donald Stankewicz:'.$7'.'93 per hour; Peter Strife: $5.80 per hour; Wilfred
Szalkowski: "$6.09 per hour; William Toiv0nen: $5.80 per hour; David White: $5.80
per hour.
lB.-Vote of the Town Board: Ayes: Councilman. Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is 'to 'authorize' the Ferry Disl~rict to hire another
person. --~
15.' Moved by Justice Edwards, seconded by CouncilWoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissionrs of the Fishers Island Ferry District to employ Jeffrey T.
Londregan as a part-time Deckhand, effective immediately, at a salary of $5.09
per hour.
15.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
. This'resolution was declared duly ADOPT~D.
SUPERVISOR MURPHY: And Number .16 is to authorize the Ferry CommisSioners
to accept the bid of Monarch Equipment, in the amount of $15,'020.'00, for supplying
the Ferry District with one Toyota Forklifl: Truck. I Offer that resolution.
16. Moved by Supervisor Murphy, seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes .the
Board of Commissioners of. the Fishers Island Ferry District to accept the bid'of
Monarch Equipment & Service Corporation, in the amount of $15,020.00, and .enter
into a contract, for supplying the Ferry Districl~ with one (1) Toyota Forklift' Truck,
Model 42-5FG25-FV 11 8.
16.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is :to appoint Beach Attendants.
Amended 7/16/87 Resol. #37 ·
17. Moved by Councilman Stoutenburgh, seconded by Councilwoman COchran, it ~was
RESOLVED that the Town Bord of the Town of Southold hereby appoints the follow-
ing individuals as Beach Attendants, effective immedial~ely, for the 1987
Season, at a salary of $4.05 per hour: Robert H. Doering,
Steidei, Donna Marie:Strickland. ~ .
17.-_Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran; COuncil-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, SupervisOr;Murphy.
This-resolution was declared duly ADOPTED. ~
SUPERVISOR MURPHY: Number 18 is 'to accept, with regret, the resignation of
Robin Martin as a part-time Clerk Typist in'the Building Department, I Offer that
resolution.
18;Moved by Supervisor Murphy, seconded by Justice Edwards, it.was
RESOLVI~D that the Town Board of the Town of Southold hereby accepts, ~with
~ ~ ~egret, the resignation of Robin V. Martini part-time Clerk Tyl~iSt in the Building
· Department, effective,June.5, 1987. ~ . ,
i8.-Vote of the Town Board: Ayes:~ Councilman Penny, Councilwoman Cochran,~ Council-
Schondebare, Councilman' Stoutenburgh, Justice Edwards, Supervisor; ~Murphy.
~ declared duly ADOPTED.
SUPERVISOR MURPHY: Number '19 is to accept a survey and authorize the payment.
~ '-~19. Moved by Councilman Stoutenburgh, seconded by CouncilWoman Cochran,'it was
RESOLVED that the Town Board of the Town of SoUthold hereby accepts the survey,
prepared by William F. Muilen, Jr;, Insurance Consultant~ with respect to the South')Id
Town General Insurance, and authorizes the payment of $2,000.00 for his Services.
9.~Vote of ti~e Town 13oard:-Ayes: Councilman Penny, Councilwom,~r~ Cochran,i Council-:
~ ~e~ciiman Stoutenburgh, Justice .Edwards, Supervisor MUrphy.
This:resolution was declared duly ADOPT~:D.
SOR MURPHY: Number 20 is:to appoint Frank Bear as a member of the .
Town Water Advisory Committee, effective July-3rd, 1987, through July
; he to serve in this capacity without compensation. I Offer thatl resolution.
This resolution was declared duly ADOPTED.
SUPERVI~,'OR~M UR pH y:
'20. Moved by Supervisor Murphy, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town- of Southold hereby appoi.nts Franklin
Y Bear as a member of the Southold Town Water Advisory Committ'ee, effective July
1987 through July 3, 1992; he to serve in this 'capacity without compensation;
te of the Town Board: Ayes: Councilman' Penny; Councilwoman Cochran,, Council-
man Schondebare, ~cilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
Congratulatiohs, Frank..
COUNCILMAN PENNYL Five more years, Frank.
COUNCILWOMAN COCHRAN: Congratulati~)ns, Frank.
SUPERVISOR MURPHY: You better be around, too. Number 21 is to set the amount
to' be deposited in lieu of park and playground for the subdivision of Oregon Heights,
located at Mattituck~ in the amount of $13,750.00. I Offer that resolution.
AMENDED: 8/30/87 Resol. #4
21. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby determines that
the amount of $13,750.00 shall be deposited with the Town in'lie/l of land for park
and playground in the subdivision "Oregon Heights", located at Mattituck, New York.-
21.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,. Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution _was declared duly ADOPTED.
22.
SUPERVISOR MURPHY: Number 22 is a resolution supporting the creation of a
Suffolk Resource Recovery Agency, as suggested by the County Executive as a
method of trying to assist the Town's in handling waste management problems and
recycling. I offer that resolution.
Moved by Supervisor Murphy, seconded by Councilman Penny,
WHEREAS, the construction of Solid Waste Management - Resource Recovery Facilities
is 'presently underway in variobs towns throughout Suffolk County; and
WHEREAS, while' the Towns will retain primary responsibility for Sold Waste disposal,
it :is :agreed that it is:more effici'ent to provide for ash disposal, recycling ~nd
tire shredding on a Countywide basis:rather than on a local basisi and
WHEREAS, legislation has been proposed to create a Suffolk Resource Recogery
Agency composed of eleven members, including the ten Town Supervisors and/or
their designees, and the County Executive and/or his 'designee; and
WHEREAS, the Suffolk Resource Recovery Agency would be authorized to sell and-,
dispose of ash, recyclables and tires; and
WHEREAS, this 'Agency would also assist the ten Towns in Suffolk County in the
planning and development of resource recovery facilities, waste-disPOsal facilities
and/or solid'waste resource recovery facilities and would facilitate inter--municipal :
areements to deal withdowntime waste; now, therefore, be it'
JUNE 2, 1987
169
RESOLVED that the Town Board ,of the Town of Southold hereby endorese the le~is~
lation to create the Suffolk Resource Recovery A~tency (with the exception of SeCtion
2051-e(4) which reads as follows: "4, To take by eminent domain, in'the name of
the agency, pursuant to the eminent domain procedure law, within the area of operation
any real property required by the agency to carry out the powers ~tranted by
this 'title,), '~nd urges the New Yorl~ State Asseml~ly and the New Y~rk State Senate
to enact such legislation; and be it further
RESOLVED that copies of this 'Resolution be transmitt'ed to the entire Suffolk Delegation
This resolution was declared duly ADOPTED,
ro
!3, Moved by Supervisbr MurPhy, seconded by Councilman Schondebare,
WHEREAS, there are :approximately ~100','000 'acres of Pine Barrens in the Towns
of Brookhaven, Riverhead and Southampton which comprise the majority of Pine
Barrens in the State of New' York and which provide direct protection '~for
' Suffolk's sole source aquifer; and
WHERE'AS, 'our g0al is'to permanently protect at least 80,000 acres of our~.~Pine
Barrens, thus preserving and protecting our water supply for the next 200
years; and
WHEREAS, Suffolk County Executive Michael' A. LoGrande has pr0posed~ the
"creation of a SUFFOLK COUNTY PINE BARRENS WILDERNESS AND WATER
PROTECTION PRESERVE in order to:
1, Allow the County to purchase 22,000' to 25,000 acres of the ~29,900 acres
of Pine Barrens ri_ow privately held,
2, Allow the County to make payment in: lied of taxes to municipalities and
' ~taxing disl~ric~s for pine barrens removed from the tax rolls,
3, Allow the County to begin RevenUe Sharing payments to the ten towns
to assist them with environmental programs,
4, Allow the County to finance Water Quality Preservation Programs.in~:luding
water main extensions, infrastructure improvements, water pu ri fii;ation
programs, wastewater, treatment and solid'-waste initiatives,
5,' Hold harmless the Southwest Sewer District and the other 25 Districts
throughout ,~he County so that they will receive full funding as originally
intended 'from the .1/4 cent sales tax; and
WHEREAS, this:initiative could be fully:funded by redirecting the 1/4 cent sales
tax presently used to finance the sewer districts throughout the County,
effective December 1, :19887 now, therefore,, be it
RESOLVED that the Town Board of the Town of Southold fully supports this'
initiative and~-_urges the Suffolk County Legislature 'to 'immediately enact
introductory Resolution 1557 of 1987:in order to allow the proposition creating
the SUFFOLK COUNTY PINE BARRENS WILDERNESS AND .WATER PROTECTION
PRESERVE to be placed before the. voters-of,Suffolk County in November 1987,
and be it further
RESOLVED that copies of this-Resolutioh be forwarded to the Clerk of the
Suffolk. County Legislature and to'all members of the Legislature,
23,-Vote of the Town Board: Ayes: Councilman Penny., Ccu,,ol~ ' '~n Cochran, Council-
man Schond~;_~re, Cou,,,ol ....... c~ ......
~,,u .... burgh, Justice. Edwards, Supervisor ~..~urphy.
T-his resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 24 is to grant permission _for a trip' to Albany.
24. Moved by CouncilWoman Cochran, seconded by Justice Edwards, it was
RESOLVED..that the Town Board of the Town of Southold hereby grants permission
to Supervisor Francis J. Murphy, Gary Loesch of the H2M Group, and Dr. Eliot
Epstein;of E & A Environmental Consultants, Inc., to travel to Albany, New York
to meet with the. New York State Department of Environmental Conservation with
respect to possible'New York State Environmental Quality Bond Act grant assistance
for a Town of Southold Resource Recovery Project; and the necessary expenses
for travel~ meals and lodging shall be a legal charge against the Town of Southold.
24.~Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 25 is to accept a proposal.
25.' Moved by Councilman S'toutienbumgh, seconded by JustiCe Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the, proposal
~t~ U_rac Corp., RocAville Centre, New York, to conduct a study to determine if
e /own of Southold has been overcharC, led with respect to Ellc° bill~.; Urac Corp.
to share equally in any credits and/or refunds they secure on behalf of '
JUNE 2, 1987
COUNC.iLMAN SCHONDEBARE:
- ' got money back.
We did that .with the telephone and it worked. We
25.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochra_n, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This:resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is to accept the Water Advisory Committee's
"Proposal for a Water Management Program for the Town of Southold", and refer
the same to the Southold Town Planning Board- for imPlementation by our Town
Planner Valerie Scopaz0 with our thanks. I Offer that resolution.
26. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that"the Town Board of the Town of. Southold hereb~y__~~.a~t.e£_
Advisory-Commit[ee's "Proposal ~ora Wal~ Management P~)~ral~ fo~
Southold?, and refers same to the. Southold.Town planning Board for implementation
by .-~own Planner Scopaz.
;Z6.-Vote of the' Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, 'Justice Edwards, Supervisor Murphy.
This :resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 27 is to set the amount of $10,750.00 to be
deposited with the Town in' lien of land for park and playground in' the subdivision
,PapadoPoulos and Maragos", loCated at Southold, New York. I offer that resolution.
-AMENDED: June 30, 1987 Resolution #4
27..Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby determines that
the amount.of $10,750.'00 Shall be deposited witl~ the Town in lieu of land for park
and playground in the subdivision "Papadopoulos and Mara~os", located at Southold,
New York.
27.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED. -
'- SUPERVISOR MURPHY: Number 28 is'to appoint a Scale Operator.
28. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Michael
-Caprise,to the position of Scale Operator, from the Suffolk County Department
of Civil Ser~ce. Certification of Eligibles, effective July 1,~ 1987, at a salar~y of
$18',948.00 per annum.
28.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: Number 29(a) is to set a salary.
29. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
la) RESOLVED that the Town Board of the Town of Southold hereby sets the salary
of Venetia McKeighan' Director of Senior Services, at $3,000'.'00 per annum, retro-
active to January 1, 1987..
COUNCILMAN PENNY: Question. We never got to Executive Session on this; I'd
I_i_ke to discuss this before we go ahead and make the move~ on this; This was supposed
to come up earlier and we did not have a chance ,to discuss it.
SUPERVISOR MURPHY: We did ;'discuss it.'
COUNCILMAN SCHONDEBARE: And he wanted an Executive Session, I remember.
COUNCILWOMAN COCHRAN: You~didn't remind us.
COUNCILMAN SCHONDEBARE: We could discuss it right after the Board meeting.
SUPERVISOR MURPHY: Is'there a motion to table it?
COUNCILMAN SCHONDEBARE: I move to table it.'
29. TABLE
(a) ~ by Councilman Schondebare, seconded by Councilman Penny, it :was
RESOLVED that Resolution No..29(a) to 'set the salary Of Venetia McKeighan, Director
of Senior Services, at $3,000.00 per annum, retroactive to January 1 1987, be and
I~ereby is 'TABLED. '
29.~-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-:
[a) man Schondebare, Councilman Stoutenburgh, Justice Edwards, SupervisOr Murphy.
This resolution was declared duly ADOPTED.
JUNE 2, 1987
SUPERVISOR MURPHY:
. Number 30.
Number 29(b) we'll hold then until 'after the meeting.
171
lwoman Cochran, seconded by Councilman Penny, it 'was
that the Town Board of the Town of SOuthold hereby engages the services
of Robert Brown, Architect, to prepare workin.g drawings for an emergency exit
',for .the-Accounti~cj & Finance Department, Southold Town Hall, at a cost nut"to
exceed $250.00.
30.=Vote of the ]"own Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-'
Justice Edwards. No: Councilman Stoutenburgh, SupervisorMurphy.
' ADOPTED.
SUPERVISOR MURPHY· Oka , at this'time I'd '
· Y · like a resolution to hold the five
~-public'hearfngs snheduied for tonight.
"~' Mi)TM by Jus{iCe Edwards, seconded 'by Councilman Schondebare, it was
RESOLVED that a recess be cai ed at this time, 8:00 P.M;, for the purpose of
'.-holding the following publlc~hearin,gs:
1. 8:00 P.M.- Proposed "Local Law in relation to bazaars, fairs, carnivals,
circuses and public shows and entertainments."
2. 8:051 P.M. - Proposed "Local Law authorizing the Issuance of Appearance
Tickets by TraffiC:control Officers...
- 3. 8:10 P~M. - PropOsed "Local Law to amend C:hant~r
the Town of Southold'in relation-to Traffic'Regulations. ·
4. .8:15 P.M. - Proposed "Local Law in relatioh to the Regulation and Control
of Alarm Systems."
5. 8:20 P.M. - Proposed "Local Law in~'relation to Flood Damage Pre~(ention."
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh,':Justic~ Edwards, Supervisor Murphy.
This:resoluti0~ was declared duly ADOPTED.
Meel~ing ~r_ec~nVeneU at. 8:30 P.M.
ii-reopen the regular Town Board meeting, and we would
SUPERVISOR
MURPHY:
IJJ
i:ii- like to have an Executive Sessi(~n before we close, so. I think what ~e'll do is i.act
~ on some of the proposed Local Laws, and allow anyone who Would like to'address
the Town Board, and then recess for the short tim~ to have Executive Session,
.. and then open to either pass another resolution or to close the meeting. So I move.
Resoltuion. N~mber 31, which is :Local Law. No. 6 and it's a "Local Law in' relation
to bazaars, fairs, carnivals, circuses and public'shows and' entertainments.'!' We've
heard the official reading and hearing tonight, i'd like to make a-motion to.approve.
it .:
31.
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a ~roposed Local Law No. 6 - '1987'.was-introduced at a-meeting of this
Board held on the '19th day of May, 1.987:, and
WHEREAS, a public'hearing was held thereon by this'Board on the 2nd day,of
June, 1987, at which time all interested persons' were given an opportunity to be.
heard thereon,~now, therefore, be it'
RESOLVED that Local Law No. 6 - :1987' be enacted as follows:
LOCAL LAW NO. 6- :1987
A Local Law in relation to bazaars, fair§, carnivals,
circuses and public:shows and entertainments
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. 'There is hereby created a new Chapter which shall be known as Chapter 27
of the Code of the Town of Southold, designated as follows:
Chapter 27
Bazaars, fairs, carnivals,
circuses and public shows
and entertainments
Section 27.1. Certain:entertainments prohibited; permit~ required.
A. To preserve public peace and good order and to prevent tumultuous
Assemblages, all public outdoor shows and entertainment, including, but not
limited to, bazaars, fairs, carnivals and circuses are prohibited in the Town
of Southold.
B. Nothing herein:or in the foregoing shall apply to bazaars, fairs,
carnivals, circuses and other public'outdoor shows and entertainments that
are approved in writihg by the Town Board and held in the Town under the
sole management and for the profit 'of local fraternal, charitable or religious
organizations.
C. All applications to the Town Board for permits shall be in'writing
and shall supply the name and address of the organization and its officers
making such application and the nature of the affair; that the same is'for
charitable purposes; the length of time contemplated and the exact
where the same is to be conducted.
JUNE 2, 1987
D. Applications for approval of any temporary structures must be
submit[ed to the Building Department.
E. All other public activities which are not a permitt'ed use under the
Southold ToWn Code shall require the approval, of the Zoning Boar~l. of Appeals.
Ii. This'local law shall take effect upon it~ filing with the Secretary of'State.
31.-.V.,ote of the Town Board: Ayes: Councilman', Penny, CouncilWoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, 'Justice Edwards, SUpervisor Murphy.
This resolUtion was declared duly ADOPTED.
Tickets by Traffic'Control Officers. I offer that resolution.
' . :'32. Moved by Supervisor Murphy, seconded by Councilman Penny
WHEREAS, 'a proposed Local Law No. 7-' :1987 was introCluce~t'at a meeting Of this
Board held on the .19th day of May, !987, and
WHEREAS, a public:hearing was held the~-eon b'y this'Board on the. 2nd day.of'
June, ~1987, at which time all interested persons were given an opportunity, to be
heard thereon, ,now, therefore, be it
ESOLVED that Local Law No. 7- '1987. be enacted as follows:
~ :'~, · LOCAL LAW NO. 7--1987
A. Local Law Authorizi:ng the Issuance of Appearance
Tickets by Traffic'Control Officers
SUPERVISOR MURPHY: And Number 32, Resolved that Local Law No. ~ .1987
be-enacted as follows: which is'.a Local Law aUthOrizing theilsSuance of Appearance
BE IT.ENACTED by the Town Board of the Town of Southold as follows:
1. Chapter 26~, Section 26-2. of the Code of the. Town of Southold is'hereby amended
by adding a new paragraph thereto, to be paragraph (D), as follows:
D. Traffic Control Officers. Any State statute, local law,
ordinance, rule or regulation relating to the movement,
parking, stopping or standing of'vehict'es.
!1. This:Local. Law shall take effect upon it~ filing with the Secretary of State.
32.-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 33, Resolved that.Local Law No. 8 ~-1987 be enacted.
'- -' It!s a Local Law to Amend Chapter 92 of the Code of.the Town of Southold in relatio
to traffic- regulations. I Offer that.
33. Moved by Supervisor Murphy, seconded by CouncilWoman Cochran,
WHEREAS, a~proposed Local Law No. 8 - :1987 was introduced at a meeting of this'
Board held on the 19th day of May, :1987,, and
WHEREAS, a public hearing was held thereon by this Board on the 2nd day of
June, 1987', at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it
RESOLVED that Local Law. No. 8 - 1987: be enacted as follows:
LOCAL LAW. NO. 8- !987
A Local Law to amend Chapter 92 of the Code
of the Town of Southold in relation to traffic regulations
BE IT ENACTED by the Town Board of the Town of Southol'd as follows:
I. 'Chapter: 92 of the Cede of the Town of Southold.is hereby amended as follows:
1. By amending Section 92-30 '(Stop intersections with stop signs) by adding.
thereto the following:
Direction
Stop sign on of Travel
Robi nson Road Northerly
(eastern i ntersection)
Robinson Road
(western intersection)
Northerly
At Location
Intersection with [hamlet)
Champlin ' Place Greenport
G reenport
Champlin Place
Ill This 'Local Law shall take effect upon its filing with the Secretary of State.
33.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.,
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 34 we're going to hold.with ~egard to the
'proposed Local Law in:relation to the Regulation and Control-of Alarm Systems. And
Number 35 is'Resolved Local Law No. 9 -,1987, be enacted as follows: A Local
Law in relation to Flood Damage Prevention.
35.
.Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law No. 9 - .1987 was introduced at a meeting of this
Board. held on the :19th day of May, .1987, and
WHEREAS, a public'hearing was held thereon by this :Board on the 2nd day of.
June, ;1987, at which time all interested persons were ,given an opportunity~ to be
heard thereon, now, therefore, be it'
lr73
JUNE 2, 1987
RESOLVED
A Local Law in' relation to Flood Damage Prevention
BE IT' ENACTED by the Town Board of the Town of Southold as follows:
1. Chapter 46 of the Town Code of the Town of Southold, designated
Floodplain' Management and originally adopted by the Town Board of the
Town of Southold on March 11, '1980 as Local Law No. 1 of. :1980, is'hereby
repealed in its entirety and the following Flood Damage Prevention Law, to
be known as Chapter 46 of the Code of the Town of Southold, be and
_hereby is enacted in:its place and stead:
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Southold, Suffolk. County, New York
finds that the potential and/or actual damages from flooding and erosion
may be a .problem to the residents of the Town of Southold and that such
damages may include: destruction or loss of private and public housing,
damage to public' facilities , beth publically and privately owned, and injury
to and loss of human life. In' order to minimize' the. threat of such damages
and to achieve the purposes and objectives hereinafter set forth, this'local
law is 'adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public~h~alth,
safety, and general welfare, and to minimize public'and private losses due
to flood conditions in specific areas by-provisions designed to:
regulate uses which are dangerous to health, safety and
property due to water or erosion hazards,-or which result in
damaging increases in'erosion or in' flood heights or velocities;
(2)
require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time
of initial construction;
control the alteration Of natural floodplains, stream channels,
and natural protective barriers which are involved in' the
accommodation of flood waters;
(4) control filling, grading, dredging and other development which
__._may increase erosion or flood damages;
regulate the construction of flood barriePs which will unnaturally
divert flood waters or which may increase flood hazards to other
lands, and;
(6) qualify and maintain for participation in the National Flood
Insurance Program.
___ 1.3 OBJECTIVES
The Objectives of this 'local law are:
(1)
(3)
to protect human life and health;
to minimize expenditure of public money for costly flood control
projects;
to minimize the need for rescue and relief efforts associates with
flooding and generally undertaken at the expense of the general
public;
(4) to minimize prolonged business interruptions;
(s)
to minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, sewer lines, streets and
bridges located in areas of special flood hazard;
to help maintain a stable tax base by providing for the sound
use and development of areas of special flood haza:rd so as to
minimize future flood blight areas;
l: 74 JUNE 2, 1987
(7}
(8)
to provide that developers are notified that property is in an
area of special flood hazard; and
to ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
SECTION '2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this local la~v shall
be interpreted so as to give them the meaning they have in' common usage and
to give this local law its most reasonable application.
'"Appeal" means a ~equest for a re,,.ew of · the Local Admini'strator's
'[nt~-pretation Of any provision of this'Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet
where a clearly defined channel does not exist, where the path of. flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
Area of special flood hazard" is'the land in'the floodplain' within: a community
subject to a one percent or greater chance of flooding in any given year. This'
area may be designated as Zone 'A, AE, AH, AO; A1-99, V, ~/O, VE, or V1-30.
It is 'also commonly referred to as the base floodplain'or 100-year floodplain;
~',Base flood" means the flood having a one-percent chance of being equalled or
exceeded in any given year.
"Basement" means that portion of a buildir~g having its floor subgrade (below
ground level) on all sides.
"Breakaway wall" means a wall that is 'not part of.the structural support of the
building and is"intended through its design and construction to collapse.under
specific lateral loading forces without causing damage to the elevated portion of
_the building or the supporting foundation system.
"Building" means any structure built' for support, shelter, or enclosure for
occupancy or storage.
"Cellar" - has the same meaning as definition of "Basement".
"Coastal hicjh hazard area" means the area subject to high velocity waters
including, but not limited to, hurricane wave wash. The area is designated on a
FIRM as Zone~V_l-30, VE, VO or V.
"Development"-means any man~made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations located within the
area of special flood hazard.
"Elevated buildi-nCJ" means a non-basement building built to have the .lowest floor
elevated above the ground level by-means of fill; solid foundation perimeter
walls, pilings, columns (posts and piers), or shear walls.
"Flood" or "Flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation of runoff of surface waters from
any source.
"Flood Hazard Boundary Map (FHBM)" means an offici'al map of a community,
issued by the Federal Emergency Management Agency, where tha boundaries of
the areas of special flood hazard have been defined but no water surface
elevation is provided.
IIF'ood
t~h;SuFread~eCr~l REamt~r~leanPcy(FMlaRnMa);'emme~n~gaenncOyffil~asl dme~iPneOaftec~ community, on
which both the areas
of special flood hazard and the risk premium zones applicable to the community.
"Flood Insurance Study" is the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as well as
the Flood Boundary Floodway Map and the water surface elevations of the base
flood. _
175
· JUNE 2, 1987
"Flood proofincj" means any combination of structural and non-structural
:additions, changes, or adjustments to structures which reduce or eliminate flood
damage' to real ~state Or improved real property, water and sanitary facilitieS,
structures and their contents.
"Floodway"- has the same mean as "Regulatory Floodway".
"Floor" means the top surface of an enclosed area in a building (including
basement), i.e., top of slab in' concrete slab construction or top of wood
flooring in'wood france construction.
"Functionally dependent use" means a use which cannot perform its intended
' i ~Urpose unless ~t is located qr~ca~ried out. in'close proximity to water~-such as
?'?~'~'d~cJ<ing' or~'p~t ~:a~ilit¥'ne~ess~ry for the loading and unloading of cargo or
Passengers, shipbuilding, and ship repair; The term does not include long-term
storage, manufacture, sales, or servic~ facilitieS.
"Highest adjacent ~rade" means the highest natural elevation of the ground
surface, prior to construction, next to the proposed walls of a structure.
"Lowest Floor" means lowest level including basement or cellar of the lowest
enclosed area. An unfinished or flood resis[ant enclosure, usable sole.!y for
parking of vehicles, building access, or storage in an area other than a
basement is not considered a building's lowest floor; provided, that 'such
enclosure is not 'built so as to render the structure in' violation of the
applicable non-elevation design requirements of this Local Law.
"Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and 'designed 'to be used with or without
a permanent foundation when connected to the required utilities. The term also
includes park trailers, travel trailers, and similar trans_portable structures
placed on a site for 180 consecutive days or longer and intehded to be improved
· property.
"Mean Sea Level" means, for purposes of the National Flood Insurance Program,
~ ~at~a[ ~-~etic Vertical Datum (NGVD) of '1929 or other datum, to which
base flood elevations shown on a community's Flood Insurance Rate Map are
referenced..,
"Mobile home" - has the same meaning as "Manufactured home".
"National Geodetic Vertical Datum (NGVD)" as corrected in' '1929 is a vertical
control used as a reference for establishing varying elevations within the flood
plain .....
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of this Local Law.
"Principally Above Ground" means that at least 51 percent of the actual cash
value, excluding land value, is above ground.
"100-year Flood" - has the same meaning as "Base Flood"
!'.Regulatory Floodway" means the channel of a river or other watercourse and
the adjacent land areas that must. be reserved in' order to discharge the base
flood without cumulatively increasing the water surface elevation more than a
designated h~ight as determined by the Federal Emergency Management Agency
in aFIood Insurance Study.
"Sand dunes" means naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
"Start of Construction" means the initiation, excluding planning and design, of
any phase of a project, physical alteration of the property, and shall include
land preparation, such as clearing, grading, and filling; installation of streets
and/or walkways; excavation for a basement, footings, piers, or foundations or
the erection of temporary forms. It' also includes the placement and/or
installation on the property of accessory buildings" (garages, sheds), storage
trailers, and building materials. For manufactured homes the "actual start"
. means affixing of the manufactured home to its permanent site.
"Structure" means a walled and roofed building, a manufactured home, or a~
or liquid storage tank, that is :principally above ground.
"Substantial imprtovement" means any repair~ reconstruction, or improvement of
a structure, the~cost of which equals or exceeds 50 percent of the market value
of-the strUcture either.:
(1) before the improvement or repair is started; or
(2) if'the structure has been damaged and is being restored, before the
damage occur, red.
For the purpose of this definition "substantial improvement" is considered
to commence when the first alteration of any wall, ceiling, floor or other
structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not,~ however, include
either: ~
(1) an~/ project for improvement of a structure to comply with :~xisting
state or local building, fire~ health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or
[2) any alteration of a structure or contributinq structure listed on the
National Register of Historic: Places or a St~ate Inventory of Historic
Places.
"Variance" means a grant of relief from the requirements of this local law which
permits construction or use in a manner that would otherwise be prohibited by
this local law.
SECTION ~'. 0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This' local law shall apply to all areas-of special flood hazards witl~Jn the
jurisdiction of the Town of Soutl~old.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas- of special flood hazard identified by the Federal Emergency
Management Agency in a scientifiC: and engineering report entitled "The
fFlood Insurance Study for the Town of Southold, Suffolk Coun'ty~ New
York", dated September, 1975,'with accompanying Flood Insurance Rate
Maps and Flood Boundary-Floodway Maps is.'hereby adopted and declared
to be a._p~art of this' Local Law. The. Flood Insurance Study and map is on
file at the office of the Clerk of the Town of Southold.
3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This' Local Law is' adopted in response to revisions to the National Flood
Insurance Program effective October 1, 1986 and shall supercede all
previous laws adopted for the purpose of establishing and maintaining
.... eligibility-t~or flood insurance.
In their interpretation and application, the provisions of this :local I~w shall
be held to be minimum requirements, adopted, for the promotion :of the
public health, safety, and welfare. Whenever the requirements of thils local
law are at variance with the requirements of any other lawfully adopted
rules, regulations, or ordinances, the most restrictive, or that imposing-
the higher standards, shall govern.
3.4 SEVERABI LITY
The invalidity of any sectioh or provision of this local law shall not
invalidate any other section or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No structure shall hereafter be constructed, located, extended, converted,
or altered and no land shall be excavated or filled without full compliance
with the terms of this'Local. Law and any other applicable regulationS. Any
infraction of the provisions of this Local Law by failure to ~:omply with any
of its requirements, including infractions of conditions and safeguards
established in connection with conditions of the permit; shall constitute a
violation. Any person who violates this' Local Law or fails to comply/ with
any of its requirements shall, upon conviction thereof, be fined no more
than $250 or imprisoned for ~n0~ mor~ ~than 15 days or both. Each day of
noncompliance shall be considered a separate offense. Nothing herein
~contained shall prevent the Town of Southold from 'taking such other lawful
action as necessary to prevent or remedy an infraction. Any structure
found not compliant with the requirements of this Local Law for which the
developer and/or owner has not applied for and received an approved
-variance under Section 6.0 will'be declared noncompliant and notification
sent to the Federal Emergency Management Agency.
~-~ ~ ~ 3-6~ WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is considered
reasonable for regulatory purposes and is' based on scientifiC' and
..... engineering considerations. Larger floods can and will~ occur on rare
~- occasions. Flood heights may be increased by man-made or natural causes.
This local law does not imply that land outside the area of special flood
~ hazards or uses permitted within~'such areas will' be free from flooding or
flood damage. This local law shall not create liability on the part of the
Town of Southold, any officer or~ employee thereof, or the Federal
~. ~ Emergency Management Agency, for any flood damages that result from
.~ reliance on this local law or any administrative decision lawfully made
hereunder.
SECTION 4.0
ADMINISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Building Inspector is herei~y appointed Local Administrator to
administer and implement this local law by granting or denying development
permit applications in accordance with its provisions.
2 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before the start of construction or
any ,o~ther development within the area of special flood ' hazard as
established in SeCtion 3;2. Application for a Development Permit shall be
made on forms furnished by the Local Administrator and may include, but
not be limited to: plans, in duplicate, drawn to scale and showing the
nature, location, dimenpions, and elevations of the area in' question;
existing or proposed structures, fill, storage of materials, drainage
faciliti'es~_and the location, of ,th,~.~e foregoing.
4.2-1
q. 2-2
APPLICATION STAGE
The following information is 'required where applicable;
la) elevation in relation to mean sea level of the proposed
lowest floor (including basement or cellar) of all structures;
(b) elevation in relation to mean sea level to which any
non-residential structure will be flood-proofed;
(c)
when required a certificate from a licensed professional
engineer or architect that the utility floodproofing will meet
the criteria in Section 5.1-3(1);
(d)
certificate from a licensed professional engineer or architect
that the non-residential flood-proofed structure will meet
the flood-proofing criteria in Section 5.2-2; and
(e) description of the extent to which any watercourse will: be
altered or relocated as a result of proposed development.
CONSTRUCTION STAGE
Upon placement of ~:the lowest floor, or
whatever means, or upon placement of' the hori~
members of the lowest floor, whichever is
the duty of the permit holde~ to submit
Administrator a certificate of the elevation of th
flood-proofed elevation, or the elevation of
the horizontal structural members of the.lowest floor
applicable, as built',-in: relation to mean sea level.
it 'shall be
i78
JUNE 2, 1987
certificate shall be prepared by or under the direct supervision
ora licensed land "surveyor or professional engineer and certified
by same. When flood-proofing is utilized for a particular
building, the flood-proofing certificate shall be prepared! by or
under the direct supervision of a licensed professional engineer
or architect and certified by same. Any further work undertaken
prior to submission and approval of the certification shall be at
the permit holder's risk. The Local Administrator shall review all
data submitted. Deficiencies detected shall be cause to issue' a
stop-work order for the project unless immediately corrected.
4.3 DUTIES A~ND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be limited to:
~,.3-1 PERMIT APPLICATION REVIEW
4.3-2
(1) Review all development permit appli'cations to determine that
the requirements of this local law have been satisfie~l.
(2)
Review all development permit applications to determine that
all necessary permits have been obtained from thbse
Federal, State or local governmental agencies from which
prior approval is 'required.
(3)
Review all development permit applications to determine if
the proposed development adversely affects the ,~fl0od
carrying capacity of the area of special flood hazard'. For
the purposes of this local law, "adversely affects" means
damage to adjacent properties because of rises in' flood
stages attributed to physical changes of the channel and
the adjacent overbank areas. An engineering study may be
required of the applicant for this purpose.
If-there is no adverse effect, then the permit s~hall be
granted consistent with the provisions of this local
Jaw.
(ii) If there is an adverse effect, then flood damage
mitigation measures shall be made a condition of the
permit..
[4) Review all development permits for compliance with the
provisions of Section 5.1-5, Encroachments.
~'USE OF OTHER BASE FLOOD DATA
4.3-3
When base flood elevation data has not been provided in
accordance with Section 3.2, BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator
shall obtain; review and reasonably utilize' any base flood
elevation data available from a Federal, State or other source,
including data developed pursuant to Section 5.1-4(4) in order
to administer Section 5.2, SPECIFIC' STANDARDS.
INFORMATION TO BE OBTAINED AND MAINTAINED
Obtain and record the actual elevation, in relation to mean
sea level, of the lowest floor, including basement or cellar
of all new or substantially improved structures, and
whether or not the structure contains a basement or cellar.
(i)
obtain and record the actual elevation, in relation to
mean sea level, to which the structure has been
flood-proofed; and
(ii) maintain the flood-proofing certifications required in
Sections 5.1 and 5.2.
(3) In coastal high hazai"d areas, certification shall be obtained
from a registered professional engineer or architect that the
provisibns of Section 5, 3-2(3) are met,
(4) Maintain' for public:in§pection all records F
provisions of this' local law including variances
granted and CertifiCates of Compliance.
(2) For all new or substantially improved flood-proofed
structures:
JUNE 2, 1987
179
4.3-4
4.3-5
4.3-6
4.3-7
ALTERATION OF W!ATERCOURSES
(1) . Notify adjacent communities and the New Yo/]~ State
Department of Environmental Conservation prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Regional Director,
Federal Emergency Management Agency, Region 11, 26
Federal Plaza, New York, NY 10278,
Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood
carrying capacity is not diminished.
INTERPRETATION OF FIRM BOUNDARIES
The Local Administrator shall have the authority to make
interpretations when there appears to be a conflict between the
limits of the federally identified area of special' flood hazard and
actual field conditions.
Base flood elevation data established pursuant to Section 3.2
and/or Section 4.3-2, when available, shall be used to accurately
delineate the area of special' flood haza~-ds.
The Local Administrator shall use flood information from any
other authoritative source, including historical data, to establish
the limits of-the area of special flood hazards when base flood
elevations are not available.
STOP WORK ORDERS
All floodplain development found ongoing without an
approved permit shall be subject to the issuance of a stop
work order issued by the Local Administrator. Disregard of
a stop work order shall be subject to the penalties
described in' Section 3.5 of this Local Law.
(2)
All floodplain: development found noncompliant with the
provisions of this law and/or the conditions of the approved
permit shall be subject to the issuance of a .stop work order
issued by the Local Administrator. Disregard of a stop work
order .shall be subject to the penalties described in Section
3.5 of this'Local Law.
INSPECTIONS
The Local Adminis[rator and/or the developer's engineer or
architect shall make periodic inspections at appropriate times
throughout the period of construction in order to monitor
compliance with permit conditions and enable said inspector to
certify that the development is: in compliance with the
requirements of either the development permit or the approved
variance.
CERTIFICATE OF COMPLIANCE
(2)
It shall be unlawful to use or occupy or to permit the use
or occupancy of any building or premises, or both, or part
thereof hereafter created, erected, changed, converted or
wholly or partly altered or enlarged in its use or structure
until a CertifiCate of Compliance has been issued by the
Local Administrator stating that the building or land
conforms to the requirements of this 'local law.
All other development occurring within the designated flood
hazard area will' have upon completion a Certificate of
Compliance issued by the Local Administrator.
All certifications shall be based upon the inspections conducted
subject to Section 4.3-7 and/or any certified elevations,
hydraulic information, floodproofing, anchoring requirements or
encroachment analysis which may have been required as a
condition of the approved permit.
JUNE 2, 1987
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.t GENERAL STANDARDS
In all areas of special flood hazards the following standards are required:
' 5.1~1 ANCHORING
(1)
All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement
of the structure.
Ail 'manufactured homes shaii be installed using methods and
practices which minimize' flood damage. Manufactured homes
must be elevated and anchored to resist flotation, collapse,
or lateral movement. Methods of anchor ng may include, but
are not to be Jmlted. to, use of overithe-top or frame ties
to ground anchors. This' requirement is in' addition to
applicable State and local anchoring requirements for
resisting wind force-s. '~
5.1-2
5.1-3
CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage. ~ ~
(2)
Ail new construction and. substantial improvements shall be
constructed using methods and practices that minimize flood
damage.
UTILITIES
(1) Electrical, heating, ventilation, plumbing, air'conditiOning
equipment, and other service facilities shall be d~signed
and/or located so as to prevent water from entering or
accumulating within' the components during conditions of
flooding. When designed for location below the bas~ flood
elevation, a pro~essional engineer's or architect's
certification is required;
(2) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the system;
(3)
New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters;
and
5.1-4
(4)
On-site waste disposal' systems shall be located to avoid'
impairment to them or contamination from them during
flooding.
SUBDIVISION PROPOSALS
5.1-5
(1)
(2)
(4)
All subdivision proposals shall be consistent with the need
to minimize flood damage;
All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
All subdivisi'on proposals shall have adequate drainage
provided to reduce exposure to flood damage; and
Base flood elevation data shall be provided for subdivision
proposals and other proposed developments (indluding
proposals for manufactured home parks and subdivisions)
greater than either 50 lots or 5 acres.
ENCROACHMENTS
All proposed development in: riverine situa
flood elevation data is available (unnumbered A Zon
181
JUNE 2, 1987 ....
I~ on the flood carrying
capacity of the area flood hazards set forth in
Section 4.3-1 (3), Permit' Review. This may require the
submission of additional technical data to assist in the
determi nation. ~
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has
been provided as set forth in Section 3.2 BASIS' FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD AREAS and Section 4.3-2, USE OF
OTHER BASE FLOOD DATA, the following standards are required:
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
residentia! structure shall:
(1) have the Iowest floor, including basement or cellar, elevated
to or above the base flood elevation;
5.2-2
have fully enclosed areas below the lowest floor that are
subject to flooding designed to automatically equalize
hydrostatic' flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a licensed
professional engineer or architect or meet or exceed the
following minimum criteria:
a minimum of two 6penings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding; :
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade;
(iii) 'openings may be equipped, with louvers, valves,
screens or other coverings or devices provided they
permit :t.he automatic 'entry and exit 'of floodwaters.
NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
commercial', industrial or other non-residential structure,
together with attendant utility and sanitary facilities, shall
either: have the lowest floor, in~:luding .basement or cellar,
elevated to or above the base flood elevation; or be floodproofed
so that the structure is waterticlht below the base flood level
with walls substantially impermeal~le to the passage of water. All
structural components located below the base flood level must be
capable of resisting hydrostatic and hydrodynamic loads 'and the
effects of bouyancy.
If the structure is to be elevated, fully enclosed areas
below the base flood elevation 'shall be designed to
automatically (without human intervention) allow for the
entry and exit 'of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs for
meeting this requirement must either be certified by a
licensed professional engineer or a licensed architect or
meet the following criteria:
(i)
a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade;
and
(iii) openings may be equipped with louvers, valves,
screens or other coverings or devices provided they
permit 'the automatic entry and exit of floodwaters;
JUNE 2, 1987
[2} if the structure :is to be floodproofed'
[i)' a licensed professional engineer or architect shall
develop and/or review structural desig n,
specifications, and plans for the construction, and
shall certify that the design and methods of
construction are in accordance with accepted standards
of practice to make the structure watertight with walls
substantially 'impermeable to the passage of water, with
structural components having the capability of
resisting hydrostatic and hydrodynamic loads and
effects of bouyancy; and
(ii)
a licensed professional engineer or licensed land
surveyor shall certify the specific'elevation (in relation
to mean sea level to which the structure is
flood p roo fed.
The Local.Administrator shall maintain on record a copy of
all such certiQcates noted in this section.
5.2-3
CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD
HAZARDS WITHOUT BASE FLOOD ELEVATIONS
(1) New construction or substantial improvements of structures
including manufactured homes shall have the lowest floor
(including basement) elevated at least 2 feet above the
highest adiacent grade next to the proposed foundation of
the structure.
Fully enclosed areas below the lowest floor that are subject
to flooding shall be designed to aut__omatically (without
human intervention] allow for the entry and exit of
floodwaters for the purpose of equalizi'ng hydrostatic flood
forces on exterior walls. Designs for meeting this
requirement must either be certified by a licensed
professional engineer or a licensed architect or meet the
following criteria:
a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii)
the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade;
(iii)" openings may be equipped with louvers, valves,
screens or other coverings or devices provided they
permit the automatic entry and exit of floodwaters.
5.3 COASTAL HIGH HAZARD AREA
Coastal high hazard areas (V Zones) are located within' the areas of special
flood hazard established in' Section 3.2. These areas have spedai flood
-fiazards associated with high velocity waters from tidal surges and
hurricane wave wash; therefore, the following provisions shall apply:
5.3-1 LOCATION OF STRUCTURES
5.3-2
Ail buildings or structures shall be located landward Of the
reach of the mean high tide.
CONSTRUCTION STANDARDS
Elevation Standards
All new construction or substantial improvements shall be
elevated on pilings, columns (or shear walls] such that the
lowest horizontal structural member supporting the lowest
elevated floor (excluding columns, piles, diagonal bracing
attached to the pile's or columns, grade beams, pile caps
and other members designed to either withstand s_torm
action or break away without imparting damaging Ibads to
the structure) is elevated to or above the level of the base
flood so as not to impede the flow of water.
JUNE 2, 1987
(2)
Determl nat~on~:o: ~i~§~.Fof*ces' · ~
Structural design shall consider the effects of wind and
water loads acting simultaneously during the' Base~FIood on
all building components. Equations, procedures, ~d other
guidance for determining and utiliZing design values for
these loadings are available in' the documents referenced in
Section 13.
(i) Water Loads
The structural design shall be adequate to resist water
forces that would occur during the Base Flood.
Horizo.nt_al water loads considered shall include inertial
and drag fOrces bf:waves, current drag forces, and
impact forces .from waterborne storm debris. Dynamic
uplift loads shall also be considered if bulkheads,
walls, or other natural manmade flow obstructions
could cause wave runup beyond the elevation of the
base floOd..~
(ii) Wind Loads
(a)
Buildings shall be designed and constructed to
resist the forces due to wind pressure. Wind
forces on the superstructure include windward
and leeward forces on vertical walls, uplift on the
roof, internal forces when openings allow wind to
enter the house, and upward force .on the
underside of the house when it is exposed, in the
design, the wind should be assumed to flow
potentially from any lateral direction relative, to
the house. :
(b)
Design wind pressures on a building and it~
components shall be derived from wind velocities
associated with storms with a 100 year mean
recurrence interval. The 100 year design wind
velocity is' to be taken as' 95 mph. The design
method to be used is that set forth by the
American National Standards Institute, Section
A58.1-1982.
(3) Foundation Standards
(i)
The pi lings or column foundation and structure
attached thereto shall be adequately anchored to resis~
flotation, collapse or lateral movement due to the
effects of wind and high velocity water loads acting
simultaneously on all building components. Foundations
must be designed to transfer safely to the underlying
soil all loads due to wind, water, dead toad, live load
and other loads (including uplift' due to wind and
water).
(ii)
[Spread footings and] fill' material shall not be used
for structural support of a new building or substantial'
improvement of an existing structure.
~(4) Pile Foundation Design Standards
(i) Pile Spacing
The design ratio of pile spacing to pile diameter shall
not be less than 8:1 for individual piles; however this
would not apply to pile clusters located below the
design grade. The maximum center-to-center spacing
of wood piles shall not be more than 12 feet on center
under load bearing sills, beams, or girders.
(ii) Pile Embedment'
Pilings shall have adequate soil penetration (bearing
capacity) to resist the combined wave and wind loads
(lateral and uplift) associated with the Base Flood
acting simultaneously with typical structure [live and
JuNE 2, 1987
dead) loads, and' shall -i~clude consideration of
decreased resistance capacity caused by erosion of soil
strata surrounding the piles. The minimum penetration
for foundation-piles is to an elevation of 5 feet below
mean sea level (msl) datum if the. BFE is +10 msl. or
less, or to at least 10 feet below msl if the BFE is
greater than +10 msl.
(iii) Column Action
Pile foundation analysis shall also include consideration
Of pi les in column action from the bottom of the
structure- to the stable soil elevation of the site;
Pi~ings..ma~. b~ horizontally or diagonally brac~d to
withstand wind and water forces.
(iv) Pile Standards
The minimum acceptable sizes for timber piles .are
a top diameter of 8 inches for round timber piles
and 8 by 8 inches for square timber pil~eS. "Ail
wood pil~s must be treated [in' accordan~:~ 'Wth
requirements of AWPA-C3] to minimize decay and
damage from fungus,
(b)
Reinforced concrete piles shall be cast of c~orrcrete
having a 28-day ultimate compressive strength of
not less than 5,000 pounds per square inch, and
shall be reinforced with a minimum of four
longitudinal steel bars having a combined area-of
not less than 1 percent nor more than 4 percent
Of the gross concrete area. -- Reinforcement for
precast piles shall have a concrete cover of 'not
less than 1-.1/4 inches for No. 5 bars and smaller
and not less than 1-1/2 inches for No. 6 through
No. 11 bars. Reinforcement for piles cast in'the
field shall have a concrete cover of not less than
2 inches.
(v) Pile Installation
Piles shall be drived by means of a pile driver or drop
hammer, jetted, or augered into place.
(vi) Bracing
{a)
Additional support for .piles in the form of
bracing may include lateral or diagonal bracin9
between piles.
(b) When necessary, pi les shall be braced at the
ground line in both directions by a wood timber
grade beam or a reinfoced concrete grade beam.
These at-grade supports should be securely
attached to the piles to provide support even if'
scoured from beneath.
(c) Diagonal bracing between piles, consisting of
2-inch by 8-inch (minimum) members bolted to the
piles, shall be limited in location to below the
lowest supporting structural member and above
the stable soil elevation, and aligned in- the
vertical plane along pile rows perpendicular to the
shoreline. Galvanized steel rods (n~inimum
diameter 1/2 inch) or cable type bradng is
permitted in: any plane.
Knee braces, which stiffen both the upper oortion
of a pile and the beam-to-pile connecl~ion, may~ be
used along pile rows perpendicular and para. llel to
the shoreline. Knee braces shall be 2-b~;r8 'lumber
bolted to the sides of the pile'/beam or ,
larger braces framed into the pile:/
shall consist of two 5/8-inch galvanized steel bol
(each end) for 2-by-8 members, or one 5./Srinc
lag bolt (each end) for square
braces shall not extend more than
the elevation of the base flood.
18,5
JUNE 2, 1987
-[ 9}
[5) C~lbmn Fobn~"fliSfl~)'~gn~
Masonry piers or poured-in'place, concrete piers,, shall be
internally reinforced to resist vertical and lateral loads, and
be connected with a moment-resisting connection Ko a pile
cap or pile shaft.
(6) Anchoring Standarcls
All buildings and structures must have all components
adequately anchored and continuously connected from the
foundation to the roof, to prevent flotation, collapse, or
permanent lateral movement during the Base Flood
concurrent with the 100 year design wind velocity.
(7] Connectors and Fasteners
Galvanized~ metal connectors, wood connectors, or bolts 'of
Size and number adequate for the calculated loads must be
used to connect adjoining components of a structure. Toe
nailing as a principal method of connection .is :not permitted,
All metal connectors and fasteners used in:exposed locations
shall be steel, hot-dipped galvanized after fabrication.
Connectors in' protected interior locations shall be fabricated
from galvanized sheet.
(8) Beam to Pile Connectiohs
The. primary floor ~beams or girders shall span the supports
in the direction parallel to the flow of potential floodwater
and wave action and shall be fastened to the columns or
pilings by bolting, with or without cover plates. Concrete
members shall be connected by reinforcement, if cast in
place, or (if precast) shall be securely connected by
bolting or welding. If'sills, beams, or girders are attached
to wood piling at a notch, a minimum of two (5/8J-inch
galvanized steel belts or two hot-dipped galvanized straps
3/16 inch by 4 inches by 18 inches each bolted with two 1/2
inch lag bolts per beam member shall be used. Notching of
pile tops shall be the minimum suffici'ent to provide ledge
support for beam members without unduly weakening pile
connections. Piling shall not be notched so that the cross
section is reduced below 50 percent.
Use of Space Below the Lowest Elevated Floor
The space below the lowest floor of all new
construction or any existing building that is' being
altered, repaired or improved after the effective date
of this Local Law shall be either kept free of
obstructiohs or constructed with non-supporting
breakaway walls, open wood lattice-work, or insect
screening intended to collapse under wind and w. ater
loads without causing collapse, displacement, or other
structural damage to the elevated portion of the
building or supporting foundation system.
[ii)' The enclosed space below the lowest floor shall be
used only for parking of vehicles, building access or
storage. Use of this space for human habitation is.
expressly prohibited. The construction of stairs,
stairwells and elevator shafts only are subject to the
design requirements for breakaway walls in Section
S. 3-2('10).
(10) Breakaway Wall Design Standards
(i) A breakaway wall shall have a design safe loading
resistance of not less than 10 'and not more than 20
pounds per square foot. -
(ii) Grade beams shall be installed i~?both directions'for
all piles considered to carry the breakaway wall load.
(Knee braces are required for front row piles that
support breakaway walls.)
JUNE 2f 1987
(iii) Use of breakaway walls exceeding a design safe
loading resistance of 20 pounds per square foot are
permitted only if'a_ licensed professional engineer or
architect certifies, in writing to the Local
Administratorr that the designs proposed meet~ the
following conditions:
(a)
breakaway wall collapse shall result from a
water load less than that which would occur
during the base flood; and
the elevated portion of the building and
supporting foundatio~ system shall not be
subject to ~collaps~, displacement, or other
structural damage due to the effects of wi nd
and water loads acting simultaneously on- all
building components. Maximu~ wind and water
loading values to be used in' this'determination
shall each have one percent chance of being
equalled or exceeded in any given year
(100-year mean recurrence interval). ~
(11) Utilities
All machinery and equipment servici'ng the building must
be 'elevated to or above the level of the base flo~d,
including heating, ventilating, and air conditioning
equipment, hot water heaters, appliances, elevator lift'
machinery, and electric'al junction and circuit breaker
boxes. Sanitary sewer and storm drainage systems that-
have openings below the level of the base flood shall be
provided with automatic backflow valves or other automatic
backflow devices that are installed in' each discharge line
passing through a building exterior wall.
(12~ Certification Requirements
For all new construction and substantial improvements' to
residential structures in the Coastal High Hazard Area,
applications for development permits shall be accompanied
by design plans and specifications, prepared in suffi~:i'ent
detail 'to enable independent review of the foundation
support and connection components to be used in meeting
Sections 5.3-2(1-11) of this Law. Said' plans and
specifications shall be developed or reviewed by a
licensed professional engineer or architect, and shall be
accompanied by a statement, bearing the signature of that
architect or engineer, certifying that the design and
methods of construction to be used are in'accordance with
accepted standards of practice and with all applicable
provisions of this Law.
(13) Reference Documents
Standard reference documents for use with this'Law in~
determining design wind and water forces on structures
are:
Wind
American National Standards Institute, Inc.,
Mini~mum Design Loads for Buildings and Other
Structures, ANSi A58.1-1982 (New York, 1982).
Water
~aterways Experiment Station, Shore Protection
~lanual, two volumes, Department of the Army,
Corps o~ Engineers, Coastal Engineering
Research Center (1984).
Guidance on the application of information from above
reference documents, together with other design data and
procedures, is provided in:
Federal Emergency Management Agency, Coastal
Construction Manual .(Washington, D.C., 1986).
JUNE 2, 1987
5.3-3
5.'3-4
DISTURBANCE OF SAND DUNES
There shall be no alteration of sand dunes which would
increase potential flood damage. Any disturbance ot~ sand
and/or earthen material shall be conducted in' strict comlSliance
with State or local Coastal Erosion Hazard Area regulations.
SUBMISSION AND MAINTENANCE OF CONSTRUCTION RECORDS
.87
The applicant for a Development Permit' for all new
construction or substantial improvements shall submit in
writing to the Local Administrator the following:
a statement certifying whether or not the structure
contains a basement; and
(2)
:(ii)
the elevation (in' relation to mean sea level) of the
bottom of the lowest structural member of the lowest
floor of the structure. The elevation shall be
certifii~d by a licensed professional engineer or land
surveyor.
The Local Administrator shall maintain' a record of all
information required under paragraph (1) of this Section.
SECTION 6~.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The Zoning Board of Appeals as established by the Towr~ of
Southold shall hear and decide appeals and requests for variances
from the requirements of this local law.
(2)
The Zoning Board of Appeals shall hear and decide appeals when it
i~~ alleged there is an error in' any requirement, decision, or
determination made by the Local Administrator in the enforcement or
administration of this local law.
(3)
Those aggrieved by the decision of the Zoning Board of Appeals
may~appeal suCh decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
(4)
In passing upon such applications, the Zoning Board of Appeals
shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this local law and:
(i) the danger that materials may be swept onto other lands to the
injury of others;
(ii) the danger to life and property due to flooding or erosion
damage;
(iii)"the susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
OW net;
(iv) the importance of the services provided by the proposed
facility to the community;
(v) the necessity to the facility of a waterfront location, where
applicable;
(vi) the availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with exisl~ing and
anticipated development;
(viii)'the relationship' of the proposed use to the comprehensive plan and flood plain management program of that area;
(ix) the safety of access to the property in' timi~s of flood for
ordinary and emergency vehicles;
JUNE 2, 1987
6.2
(x) the costs to local governments and the dangers associated with
conducting search and rescue operations during periods of
flood ing;
(xi) the expected heights, velocity, duration, rate or rise, 'and
sediment transport of the flood waters and the effects of wave
action, if:applicable, expected on the site; and
(xii)' the costs of providing governmental services during and ~after
flood conditions, including search and rescue operations
maintenance and repair of public'utilitieS and facilities such as
sewer, gas, electrical, and water systems and streets and
bridges-
(5) Upon consideration of the factors of Section 6.1(4) and' the
purposes of this local law, the Town of Southold may attach such
conditions to the granting of variances as it deems necessar, y to
further the purposes· of this local law.
(6) The Local Administrator shall maintain the records of all appeal
actions including technical information and report any variances t~
the Federal Emergency. Management Agency upon request.
CONDITIONS FOR VARIANCES
· (2)
(3)
Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre. or
less in size contiguous to and surrounded by lots with existing
structures constructed below the"base flood level, providing items
(i-Xii)' in Section 6. I(4) have been fully considered. As the lot size
increases beyond the one-half acre, the technical justification
required for issuing the variance increases. '-
Variances may be issued for the reconstruction, rehabilitatio'n or
restoration of structures and contributing structures listed, on
National Register of Historic Places or the State Inventory
Historic; Places, without regard to the contributing structures
procedures set forth in' the remainder of this section.
Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that:
(i)' the criteria of subparagraphs 1, 4, 5, and 6 of this section -~are met;
the structure or other development is protected by methods
that minimize flood damages during the base flood and create
no additional threat to public'safety.
Variances shall not be issued within:any designated floodway if'any
increase in flood levels during the base flood discharge would'
result. '-'
Variances shall only be issued upon a determination that the
variance is 'the minimum necessary, considering the flood haza'rd~ to
afford relief.
Variances shall only be issued upon receiving written justification:
(i) a showing of good and sufficient cause;
(ii) a determination that failUre to grant the variance would result
in exceptional hardship to the applicant; and
(iii) a determination that the granting of a variance will' not result
in increased flood heights, additional threats to public'safety,
extraordinary public expense, create nuisances, cause fl-aud
on or victimization of the public or conflict with, existing local
laws or ordinances.
(7)
Any applicant to whom a variance is granted for a building w tl~ the
lowest floor below the base flood elevation shall be given written
notice that the cost of flood insurance will be commensur~
the increased risk resulting from lowest floor elevation.
JUNE 2, 1987._.
II. This Local Law shall take effect upon it~ filing with
State.
the Secretary of
35.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochra~, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor'Murphy.
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at the present time that's the end of the resolutions
for tonight, and I would like to ask if there's any member of the Town Board would
like to make any other ~com'ments? Ray? .
JUSTICE .EDWARDS: Nothing at ,this :time.
SUPERVISORMURPHY~ Jean?
. COU'NClLWOMAN COCHRAN: I'd like to welcome the Judge back from California:
· SUPERVISOR MURPHY: Paul?
~: COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: Yes, I'd like to submit :the following resolution.
Moved by Councilman Schondebare, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the follow-
ing individuals as members of. the Southold TOwn Conservation Advisory Council,'
effective June 18, 1987 through June 18, 1989, they to be compensated $30.00 per
meeting, which in~:ludes one in§pection: Ralph C. Condit II, Healther-Cusack, --
J. ohn Holzapfel, John B. Tuthill; Betty Wells, Maragaret A. F_ee--~, ~ ~'-ujawski.'
COUNCILMAN STOUTENBURGH: ! would like to say something. I feel we've lost
some of our most vital people on the Conservation Advisory Council, and I 'would
not support this :resolution in'anyways-. I think it's a eroding of gaines, we've had
for years and years go get to. It's a working Conservation Advisory Council,
and I'm very disappointed that the Town Board has taken this action.
SUPERVISOI~ MURPHY: I Would like maybe then where we could work this out
is to offer a resolution to Table this 'until the two weeks to discuss it a little further.
i'd like to offer that resolution.
36. TABLE
.~l~--~a--by SuPervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that' Resolution No. 36 be and. hereby is'TABLED, With respect to the
appointment of individuals as member~ of the Conservation Advisory Council,
36.-Vote of the Town Board: Ayes: Councilman Stoutenburgh, Supervisor Murphy.
Noes: Councilman Penny, Councilwoman Cochran, Councilman Schondebare, Justice
Edwards.
This-resolution was declared LOST.
SUPERVISOR MURPHY: Okay, on the Resolution No. 36, any other comments?
COUNCILMAN STOUTENBURGH: We're replacing M'arty Garrell and who else?
putting two people in, aren't you?
You' re
COUNCILMAN SCHONDEBARE: Yes. You're reappointing Ralph Condit, Healther
Custack, John Holzapfel, John Tuthill, Betty Wells. And you're going to appoint
Margaret Feeney and Daniel' Kujawski.
COUNCILMAN STOUTENBURGH: Well, are you just adding people on? Is that
the way? I thought there was a number that we worked with.
TOWN CLERK TERRY: Seven.
COUNCILMAN SCHONDEBARE: That's it.' Seven people.
SUPERVISOR MURPHY: Who is 'the other person, Paul is asking, that you dropped
off?.
189
COUNCILMAN SCHONDEBARE:
COUNCILMAN STOUTENBURGH:
COUNCILMAN SCHONDEB'ARE:
Counci i ?
You don't know who the other person is, Paul?
Marry Garrell is one.
Are you not sure who's on the Conservation Advisory
JUNE 2, 1987
COUNCILMAN STOOTENBURGH: Jeanne Marriner. That's who.
COLJNCILMAN SCHONDEBARE: That's who it is.
COUNCILMAN STOUTENBURGH:
people.
COUNCILMAN SCHONDEBARE:
For the record, two of those are very~trong
Move the vote.
36. Moved by Councilman Schondebare, seconded by Councilman Penny, it ~was
RESOLVED that the Town Board of the Town of Southold hereby appoints ~the follow~
in~l individuals as members of the Southold Town Conservation Advisory COuncil,
effective June -~8, .1987 through June 18, 1989, they to be compensated $30.00 per
meeting, which includes one inspection: Ralph C. Conit '1 ,~ Heather ~usack,~ J~)hn
_'~Holzapfel., _lohn B. TuthiH', Betty Wells, Margaret A. Feeney, Daniel 'KujawsRi';'
36.-Vote of the~Ayes: Counci man Penny, Councilwoman Cochran~ Council-
man Schondebare, Justice Edwards. Noes: CounCilman Stoutenburgh, Supervisor
· Murphy.
This resolution' was declared duly ADOPTED.
ISOR MURPHY: Okay, again~ does any Town Board member have anything
further? '. Jay ?
COUNCILMAN SCHONDEBARE: No, thank you.
ERVISOR MURPHY:
COUNCILMAN PENNY:
SUPERVISOR MURPHY:
George?
No, thank you.
Okay, at this time, ~.s'there anyone in'the audience would
lire to address the Town Board on any matter.? Frank?
FRANKLIN BEAR: First I'd like to say that I appreciate your: reappointing me
to the Water Advisory Committ'ee. It's been a great experience up to this 'point
and I consider this; in effect, kind of an order to live another five years and
retain whatever sanity I may have.
COUNCILMAN PENNY: Would you like us to boost it 'to ten?
FRANKLIN BEAR: Sure. And the second thing I'd like to say, and I appreciate,
and I'd like ~ say on behlalf of the Water Advisory Committee, your acceptance
of the Water Management Program, which we recommended, and we're looking forward
to working with the Town Board and with the Town Planner in' the imPlementation
of the Plan. Thank you very much.
SUPERVISOR MURPHY: Thank yoU,.. Frank. Anyone else in' audience? Ruth?
RUTH OLIVA: Oh, I ]ust want to s~cond Frank's comments. Thank you very
much.
SUPERVISOR MURPHY: Anyone else in the audience? (No response.) If'not,
I Would like to make a motion to recess for a Yery short time to hold a short Executiv~
Session where we're going to have to ask everybody to leave. It should not be
too long if you'want to wait to see if'there's any resolutions after that. There
~ight be. ~_
COUNCILMAN SCHONDEBARE: If there are, it 'will probably be just those two
that we put on hold.
COUNCILMAN PENNY: Stricl~ly a personnel matter.
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that a recess be called at this time, 8:35 P.M., for the purpose of holdii
an Executive Session.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
EXECUTIVE SESSION
8:36 P.M. - The Board discussed the proposed salary of Venetia McKeigha~ .for
her position of Director of Senio~ Services, and the ~ppointment of Marie"Helinski
as Assistant Director of Senior Services, and to set a salary for same.
Meeting reconvened at 8:'45 P.M.
29. Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
(a) RESOLVED that the Town Board of the. Town of Southold hereby sets the salary
of-Venetia'McKeicghan, Director of Senior Services, 'at $3,000.00 per annum, retro-
active to January 1, 1987'.
29.-Vote of the Town Board: Ayes: Councilman Penny,-Councilwoman Cochran, Council-
(a) man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resOlution was declared duly ADOPTED.
29. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
(b) RESOLVED that the Town Board of the Town of Southold hereby appoints Marie
as Assistant Director of SenioP Services, effective as of January 1, 1987,
000.'00 per annum, retroactive to' January 1, 1987.
of t: Ayes: Counci|man Penny, Cour~ciNvoman (~o~h~an," ·
(b) Council~man Schondebare, Councilman Stoutenburgh~ Justice Edwards, Supervisor
~-~ MUrphy. This'resolution was declared duly ADOPTED.
~ISOR MURPHY: That is'the end of the resolutions, is'there anyone who
would: like to address the Board?
!: Mr. Barth reminded the Board of their'policy of giving five ~itni~tes
ress any resolution on .the Agenda. He stated that Resolution No. 3~6 was
the agenda and therefore the public~d d not have an' opportunity to ':add ress
1'he Board sprung a resolution not on the agen. da by "putting members out~,
of the CAC" without warning.
SUPERVISOR MURPHY: Thank you, sir~ Anyone else like to address the'.~own
:Board? .(No response.) Any Town Board members have anything further-to say?
(No response.) If not, a motion to adjourn i.s in'order, and thank you for'comin'g~..
out. tonight.
Moved by Councilman Penny, seconded by Supervisor Murphy:, it :was
RESOLVED that this 'Town Board meeting be and hereby is adjourned at 8:50 P.M.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran,. Council-:
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
Tills' resolution was declared 'duly ADOPTED~. . .
Judith T. Terry
Southold Town Clerk