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HomeMy WebLinkAboutTB-03/25/1986344 SOUTHOLD TOWN BOARD MARCH 25, :1986 WORK SESSION Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards (9:25 A.M.), Councilman Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Town Clerk Judith T. Terry, Town Attorney Robert W. Tasker (9:40 A.M.). 9:00 A.M. - Garrett A. Strang, Architect, appeared before the Town Board to present his preliminary floor plan for the proposed addition to the Dog Pound, at an estimated cost of $100,000. Councilman Schondebare said the cost was too high, and he would not vote for it. A bond would be, needed. Mr. Strang pointed out that for the prior proposal, to have been constructed by the Highway Department, the ultimate cost would have been $70,000 and it would not have been as complete as his proposal. Gladys Csajko, North Fork Animal Welfare League, told the Board that o. ver. the past few years the League has spent over $15,000 of their 'own funds I~'~ to maintain the existing building which was constructed by the Town i0 years aao. i I Supervisor Murohy expressed concern over the hi h cost, but stated the new b~ild-L .J ~ng is certainly needed. Town Attorney Tasker will be asked to draw a bond resolution for the next Board meeting. Mr. Strang stated that the scope of the proposal could be reduced, but would need the Town Board's guidance to decide which of the planned facilities should be' eliminated. 10:00 A.M. -George Desmarais, P.E., Holzmacher, McLendon & Murrell, P.C., met with the Board to discuss the Scavenger Waste Treatment Plant at Greenport. Mr. Desmarais reviewed the progress withe start-up of the plant, but explained that due to problems with the Greenport Village lagoon, the plant cannot receive further waste and is not receiving further waste at this time, until the problem is resolved, which should be within a months time. 10:30 A.~. - For Discussion Items: (1) Letter from Richard Howar~i; Fishers Island, regarding the trenching and patching of Beach Road and trespass on Fishers Island Ferry District property. Photographs of the project were submitted by Justice Edwards showing the trenched area, and a pump in Beach pond which is pumping water on to the property of George Lamborn to create a man-made pond. Superintendent of Highways Jacobs and Bay Constable Dzenkowski went to Fishers Island to investigate the matter and Supervisor Murphy will ask for their reports before further action is taken.--J2) Letter from Assemblyman Sawicki to Evans K. Griffing, Chairman of the Peconic County Study Committee, with respect to a feasibility study for the formation of a new Brookhaven County, and a similar study for the five East End towns, otherwise known as proposed Peconic County, or joining with Brookhaven Town for a six town study. It was the concensus of the Town Board that they should wait and review the Brookhaven study before proceeding. (3) Report of Councilwoman Cochran with respect to a plan of development for the Laurel Lake property as a picnic area atop of the hill overlooking LaurEl Lake, with handi- capped access. Town Attorney Tasker will: review the proposal with respect to the legal ramifications with regard to liability to the Town, since the site has been closed to public access for several years, due the lack of a ~ifeguard and bathroom facilities. (4) Letter from the Suffolk County Department of Real Estate concerning the auction of a parcel of property giving access t~ Goose Creek, off of Waterview Drive, Southold. The proposed acquisition by the Town will be studied further. (5) Letter. from the Association of Towns urging the Town Board to send a message to Congressman Carney urging his support for the preservation of General Revenue Sharing (see resolution No. 29). (6) The ERM Report relative to the Point of Use Water Supply Treatment Systems was discussed by the Board. Councilman Penny had submitted a memo statincj, in:his opinion, there are serious d~i~i~i'~§ in'the report and suggested the Board - meet as soon as possible to address the matter. Town Attorney Tasker informed the Board that the suggested creation of Water Quality Treatment Districts cannot be accomplished by the Town Board, but must be by petition of one or more property owners. Water Advisory Chairman Frank Bear urged the Board to move forward with the recommendations made in the ERM Report and create the district. The Board agreed that a meeting should be arranged with ERM-Northeast President J. A. DeFilippi, Joe Baler, Chief of the Bureau 0f Water Resources, County of Suffolk, and the Riverhead Town Board to further discuss the Point of Use Water Supply Treatment Systems report. 11:25 A.M. - ~'own Trustee President Henry P. Smith appeared before the Board to request additional help for his Offic~ in the form of a part-time Clerk Typist, 17-1/2 hours per week, to make copies and file (see resolution No. 30). 11:35 A.M. - The Board reviewed the proposed model agreement for moderate income housin~l prepared by Councilmen Cochran, Penny and Schondebare. The proposal was studied item by item with certain changes being made, and Town Attorney Tasker will prepare a new draft for the Board's approval at their 'April 8th meeting. 12:50 P.M. - Recess for lunch. 2:10 P.M. - Work Session reconvened and the Board reviewed the regular meeting resolutions. 2:50 P.M. - Councilman Schondebare proposed a new policy of the Town Board: Henceforth Town Board Regular Meetings will be held at 7:30 P.M. (Up to this time the first meeting of the month has been 7:30 P.M. and the second meeting of the month at 3:00 P.M.). Councilman Penny, Councilman Stoutenburgh and Justice Edwards concurred. Supervisor Murphy and Councilwoman Cochran disagreed with this new policy. The majority ruled. 2:55 P.M. - The Board conducted the audit 'of outstanding bills. REGULAR MEETING 3:00 P.M. A Regular Meeting of the Southold Town Board was held on Tuesday, March 25, 1986, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Murphy opened the meeting at 3:00 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 Town Attorney Robert W. Tasker SUPERVISOR bills of March pulled at the MURPHY: Okay, I'd like a resolution approving the audit of the 25th, 1986, and I would like to add on also the two bills that were last meeting. I'd like a resolution. COUNCILMAN STOUTENBURGH: So moved. COUNCILMAN SCHONDEBARE: Let me hear that back again, please. SUPERVISOR MURPHY: To include the two bills that were pulled at the last audit. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of s21,875.86; General Fund Part Town bills in the amount of $7,133.00; Highway Department bills in the amount of $13, 872.48;'~Fishers 3'46 MARCH 25, 1986 Island Ferry District bills in the amount of $10,268.08; Fishers Island Sewer District bills in the amount of $47.97; Southold Wastewater District bills in the amount of AT&T Capital Account bills in the amount of $15,856.89, and 3/11/86 bills of Joseph Maganin in the amount of $1,300.00, and Francis _~. Murphy in the amount of $534.58. Vote of the Town Board: Ayes: Councilman Stoutenlourgh, Supervisor Murphy. Noes: Councilman Penny, CouncilWoman Cochran, Councilman Schondebare, Justice Edwards. This resolution was declared LOST. SUPERVISOR MURPHY: Okay, I'd like a resolution approving the audit 'of the bills of March 25th, 1986.. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was ~RESOLVED that the followin9 audited bills be and hereby are ordered paid: Genera fund Whole Town biiis in the amount of' $21, 875. 86; General Fund Part Town bills in the amount of $7,133.00; Highway Department bills in the amount of $13,872.48; Fishers Island Ferry District bills in'the amount of $10,268.08; Fishers Island Sewer District bills in the amount of $47.97; Southold Wastewater District bills in'the amount of AT&T Capital Account bills in the amount of $15,856.89, and 3/11/86 bills of Joseph Maganin in the amount of $1,300.00, and Francis J. Murphy in the amount of $534.58. Vote of the Town Board: Ayes': Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Justice Edwards. Noes: Councilman Stoutenburgh, Supervisor Mu rphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: A resolution to approve the minutes of the the regular meeting of March 11th, 1986. Moved by Justice Edwards, seconded by Councilman Stoutenburgh, it was RESOLVED that the minutes of the Regular $outhold Town Board Meetin,q held on March 11, 1986 be a~d hereby are approved. Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, l'd like one to set the next meeting, which will be April 8th, 1986 at 7:30 P.M. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the next Regular Meetinq of the Southold Town Board will be held at 7:30 P.M., Tuesday, April 8, 1986, ~t the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, at this time I would like to issue a special proclamation from the Town Board to a Mr. Stan Rubenstein who had requested several months ago that the Town Board do this as May 5th, 1986 is Henry George day in the Town of Southold. I'd like to read it. Stan, would you like to come up? WHEREAS, true philosophers in any century are very few. In the 18th century America was fortunate to have Thomas Jefferson and Benjamin Franklin, whose incisive thought spelled out People's rights in our Declaration of Independence and the Constitution; and WHEREAS, one name stands out in the 19th century; HENRY GEORGE, economist, philosopher, and political scientist, who becam.~ concerned with inequities among men. To eliminate the abuses he saw and chart a safer course thorugh the future he envisioned, he proposed a tax on land values only to provide for all men's needs-- and to prevent and remove slums from our cities; and WHEREAS, today's economic and social conditions vary greatly from those in Henry George's day, but adherents and students of his philo..S, phy have maintain.e,d an interes~ in his theories and ask that May 5, 1986 be declared Henry George Day in commem I~!1 oration of the 100th anniversar~¥ of the publication of "Protection and Free Trade"; L ~ now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby proclaims May 5, 1986 as Henry George Day in the Town of Southold in remembrance of a man who preached peace and brotherhood among men a century ago. SUPERVISOR MURPHY: Stan, do you want to make a few comments about it? MR. STANLEY RUBENSTEIN, Director, Henry George School of Science, New York, N.Y.: Yes. I'd first like to thank all of you, and I would assume that some of you are probably unaware of who Henry George is. He lived during the 19th Century. We like to think that he had a lot to offer. But just concerning the book that he wrote, he really was from an age that is unlike the age today. His "Protection and Free Trade" was a book which was a~ia~n's~a ~ types of privileges, and normally we don't think When we deal in international trade that there are any such things as privileges, but we know today, there are so many privileges given to so many different groups and what George felt, he really believed in iustice. He believed in equality. And he said~ really that we are all equal, and equal means in one sense that one group doesn't get any privilege over any other group, and he was a strong proponent. And when I say strong, I mean almost without, exceptions in that the road to peace has to be a road in which there is a complete free exchange of good amongst people, not only within a nation, but' Certainly between and amongst nations. So that he was one of the strong proponents of free trade. I think that his message I think is 'getting more of a hearing todayj and I think that the implications of free trade really is 'the answer to much of the strife that we have. That first people have the right to exchange goods freely, and when you impair or restrict any type of trade, what you are in essence doing is restricting the freedom that people have, no matter what it may be, from the exchange of goods. I'd like to thank all of you once again. Thank you. Thank you all. I. REPORTS. SUPERVISOR MURPHY: Okay, moving on to the first item on the agenda is Reports. These reports are on file in the Town Clerk's Office for anyone in the audience who would like to look at them. 1. Board of Assessors - January and February 1986 monthly report. 2. Recreation Department's monthly report - February 1986. 3. Supervisor's monthly report - February 1986. 4.a. Highway Department's monthly report - January 1986. 4. b. Highway Department's monthly report - February 1986. 5.a. Fishers Island Ferry District's monthly report - January 1986. 5.b. Fishers Island Ferry District's monthly report - February 1986. 6. Police Department's monthly report - February 1986. 7. Now I'd like to ask the Councilmen for any reports they might have, starting with Judge Edwards. JUSTICE EDWARDS: Last week I had the opportunity to go into Riverhead and sit in on the seminar with the Coast Guard, the DEC people from Albany, ~n regards to raising the Ekloff Barge No. 24 that's been resting peacefully on the bottom off of Fishers Island all winter, and they have a good program set up for the beginning of May. They're going to bring a team in of Coast Guard peeple. They will~ be staying on the Island for two or three weeks in May, and the project is going to be immense and we certainly hope that the way that they're going about to do it will be safe enough so it will protect our shores. It's a good plan. Been a lot of thought go into it and I've raised a few eyebrows at the meeting when I got up and spoke to the supervisors and people from the South Fork and I asked them if they read the Farmer's Almanac, because the Farmer's Almanac is predicting winds out of the north for the whole month of May. It's going to be a big project and I know these people are going to do their best and they're going to get the barge up and bring it in close to the shore, flip it over, pump the water out of the bow and stern sections, where there's no oil, and then get it out of here. Thank you, Frank. SUPERVISOR MURPHY: Thank you, Ray. I hope it is successful. Jean? COUNCILWOMAN COCHRAN: Yes, the Town Board Housinq Committee met on March 20th and the 21st to try to formulate some affordable housing guidelines, taking into consideration the proposals of both the Planning Board and the Housing Advisory Committee. They were presented to the Town Board this morning and they are still under review. In addition ther~ have been numerous meetings that I've attended, but one bit of good news. At the last meeting I did report to you that the Recreation Committee 'had formulated, along with our Recreation Director Susan Fossett, a new method of purchase as far as equipment is concerned, for the adult and the junior or youth leagues that we support, and by going into this bulk purchasing system, this year alone we've saved $1,712.00. So that's a good sign and I thank the Committee and anyone that worked on the formulation of working it this way, because it has been a savings which certainly can be utilized in other areas of recreation in the Town. Thank you. SUPERVISOR MURPHY: Thanks, Jean. COUNCILWOMAN COCHRAN: We certainly SUPERVISOR MURPHY: Paul? think we've got a very fine person there. have. COUNCILMAN STOUTENBURGH: Yes, I attended the Scallop Program we had riqht here in the Town Hall, and this is the program in which we are working on a g~-ant and we just acted--or hope to act on it with a resolution today. When the program is set up so that we can raise small scallops into a size that we can let go and hope to renew our population of scallops in our bay, and they've selected a point off Brown's Point to put these nets which are going to hold the scallops in. It's a sort of a test concept. It's not a proven theory. We wouldn't be able to get the grant if it was a tested and tried program. They would only fund a research program, and so there is a little doubt whether we will or will not make it, but we feel that it is a well worth project to get involved in. As I say it's a research project. Thursday on the 13th I attended the Economic Advisory Committee meeting and found it very interesting. They had a Bill Senko from the Suffolk County Cooperative Extension speaking Lo them about farmland problems, and they're trying to address this so that they will make the farming a little more palatable out here and a more profitable thing. They're hoping to work on some sort of a flyer that will be adver- tising road stands and things of this sort. March 16th I attended, with other members of the Town Board, Water Advisory Committee meeting in which they reivewed the report Which you all have gone over and which i's in debate to some extent today. I also attended the Coastal Erosion Hazard Area meeting on the 18th ihere. We reall' have a choice whether we want to take over this program or let the County take it over or if the County doesn't want to take it over, let the State take it ,over. The plan is to set up a map which they aH ,propose. This map, of course, will have to have a public hearing. But it is proposed already. It gives some idea of this set- back that the State wants to uphold. The one t'hing that I think cleared up a point, and was a sort of a problem that should the house be demolished more than 50%, it wouldn't be allowed to be built in this area. And the person was concerned that if it burned down they wouldn't be able to do this. Well, they've eliminated that clause now and the only reason that they will not allow a house to be built in this erosion hazardous area is if it is eliminated by erosion only. In other words, any other they can rebuild, and ! think that takes a lot of the sting out of what a lot of people had. I think that's about all i have. I attended the meeting yesterday here on the demonstration program of incineration, which I think we all have been to also. I think they call that the waste distillation program. SUPERVISOR MURPHY: Thank you, Paul. Anything more? COUNCILMAN STOUTENBURGH: No, nothing more. SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: Like everyone else I attended the DEC meeting yesterday and the meeting on the waste distillator. We had a Police Committee meeting. Basically part of the outcome of that meeting you'll see on a resolution, and the problem of having to send our candidates to Nassau County, rather than Suffolk County Academy. We had a Code Committee meeting and we discussed the wineries.: Again we couldn't come up with any concensus of opinion. Quite a variety of beliefs and we're still working at that. The only thing that did come across well was the bed and breakfast concept throughtout the Town, and I was left with the charge of drafting up an ordinance and then submitting it to our Town Attorney for his approval, and actually it 'should go back to the Committee for their approval and then out. But the bed and breakfast is something that was vieWed favorably by the Code Committee. We had a Commerce and Industry Committee meeting and we're coming along on the Information Booths, both in Laurel. It's building. They've already got a sign up. A very pretty sign directing everyone that there's an information/tourist booth ahead. The question came up as to who owns the island in front of where th~ Laurel Information Booth is going to be. That's where they want the sign. And we'll have to check and find out who has the ownership of that parcel. SUPERVISOR MURPHY: ] believe the State. COUNCILMAN SCHONDEBARE: Yes, but I asked Ray Jacobs to check on it and his first opinion was that it's probably going to be the State of New York, so we're going to have some problems getting permits. I attended the two Housincl Committee meetings that we had the other day. I find the members of that committee to be very knowledgable, knew their'material, and they were very courteous and I wish to thank them. That's it, Frank. SUPERVISOR MURPHY: Very nice. Trying to make up? COUNCILWOMAN COCHRAN: I apologize. I couldn't help a little laughter. SUPERVISOR MURPHY: George? COUNCILMAN PENNY: Yes, back on March 14th we met with John Cosello and some of the problems that he was having with how to address affordable housing. Hopefully we're taking care of it in the discussion which we are involved in today. We're about 90% through it so far. On March 14th I met with the Code Committee. Jay Schondebare reported on that. On March 17th I had my first meeting with the Water Advisory Committee and I just want to go on the record that though I have some difficulties with the manner in which the report was prepared by ERM, I am not opposed in any way, manner, shape or form, to the Point of Use Treatment concept. How we apply it and the time constraints in which we go into things and the legal ramifications and all which were supposed to be addressed;~!~nzctt~e report, I find this information was not there. So I just want to go on the i:eC~i~r~ that I am not opposed to the Point of Use concept. We met with the Police Committee on 3/18/86 and a lot of that was brought up already. On 3/18 also we met with the Coastal Erosion Management Program discussing legislation to allow the Town to take lead agency status as regards to SEQR and the Coastal Erosion Hazard Areas. On 3/19/86 our favorite Town Committee of the Dog Pound met with Gary Strang and the results which we reviewed with Gary came up today and I'm sure that our next meeting will be very entertaining on that. We've cancelled a meeting which was set for tomorrow for further work with Gary on this until we find out which direction the Town Board is going to allow us to go in. On 3/19/86 I met with Commerce and Industry and there was quite a healthly agenda on that, and I believe somebody has probably reported on that. On 3/20t86 and 3/21/86 the Housing Committee--Town Standing Housing Committee prepared the report which is in front of us today, and like I said, we're 80% through and I think it's been a very, very healthy, non-partisan attempt to settle, for once and for all hopefully, the issue of affordable housing. So stay tuned. We'll keep you posted after this meeting on that one. SUPERVISOR MURPHY: Thank you, George. As you can see everybody's been quite busy and most all Town Board members try to attend all these meetings as I do, and the only comment that I would like to bring from the other Towns--the meeting with the other Supervisors, is that the two major problems facing the future residents in Southold Town is the severe potential water problem and the fabulous cost that are anticipated in the landfill. We haven't even started yet and hopefully we could come up with a decent solution. II. PUBLIC NOTICES. SUPERVISOR MURPHY: Moving back on to the agenda. Item number Il. Public Notices. There are seven of them. These are posted on the Town Clerk's Bulletin Board for anyone to look at and to read if they're of any concern to them. 1. NYS-DEC, Notice of Complete Application of Albert J. Breneisen to construct two retaining walls, swimming pool requesting tidal wetlands setback requirements, Dawn Lagoon and Dawn Drive, East Marion. Comments no later than April 4, 1986 to the DEC. 2. NYS-DOT, "No Standing - Anytime" restric[ion on the south side of Route 25 west of Sigsbee Lane, east of Marlene Lane, Mattituck. 3. NYS-DOT, "No Standing - Anytime" restric[ion on the north side of Route 25 west of Factory Avenue, east of the east driveway of the A & P Shopping Center, Mattituck. 4. NYS-DEC, Notice of Complete Application of Douglas Miller, to construct three single family homes to within 50 feet of the FWW adjacent to Laurel Lane, prope!~,ty located between the LILCO right-of-way and Laurel Lake, Mattituck. Comments no later than April 11, 1986 to the DEC. 5. NYS DEC, Notice of Complete Application of Greenport Yacht and Shipbuildinq Co. to construct open timber piling pier, new bulkheading and backfill, at property immeidately south of the intersection of E. Front Street and Main Street, Greenport, fronting on Greenport Harbor. Comments no later than April 11, 1986 to the DEC. 6. NYS-DEC, Public Hearing Notice, James N. Bailey, to construct stone terraces, wooden decks, staircase, concrete retaining walls on face of existing cliff, at Fishers Island, Block Island Sound. Hearing to be helad at the Fishers Island Fire House, 1:00 P.M., April 21, 1986. 7.a. NYS-DOT, Adjusts 40 MPH speet limit on Route 25 to begin west of Bray Avenue/Old Main Road and end of Factory Avenue/Sigsbee Lane, Mattituck. 7.b. NYS-DOT, Adjusts 35 MPH speed limit on Route 25 to begin at Factory Lane/Sigsbee Lane and end at Reeve Avenue/Maple Avenue, Mattituck. 7.c. NYS-DOT, Adjusts the description of 40 MPH speed limit to begin at Reeve Avenue/Maple'Avenue and end east of Marratooka Avenue, Mattituck. 7.d. NYS-DOT, Repeals the angle parking on south side Of Route 25, .east curb line of Wickham Avenue extended, east of the east curb! line of Wickham Avenue extend- ed, a distance of 70 feet for vehicles to park parallel, Mattituck. 7.e. NYS-DOT, Reduces the "One Hour Parking - 8 a.m. to 6 p.m." to allow for a "No Standing" restriction at the Love Lane intersection, where an eastbound left turn lane was provided on Route 25 which eliminates the parking lane, Mattituck. 7.f. NYS-DOT, Expands "One Hour Parking - 8 a.m. to 6 p.m.", north side of Route 25, east of the east curb line of Love Lane and west of the west curb line of Wickham Avenue, for a period longer than one hour, Mattituck. 7.g. NYS-DOT, Establishes a "No Standing - Anytime" restric[ion on the south side of Route 25 at the Love Lane intersection, Mattituck. 7.h. NYS-DOT, Establishes a "No Standing - Anytime" restriction on the north side of Route 25, east curb line of Love Lane and east of the east curb line of Love Lane, Mattituck. 7.i. NYS-DOT, Expands the "No Stopping - Anytime" restriction south side of Route 25, west of the~ west curb line of New Suffolk Avenue, east of the east curb line of New Suffolk Avenue, Mattituck. 7.j. NYS-DOT, Repeals a "No Stopping - except Buses" restriction and is being covered with a 'No Stopping - Anytime" restriction. MARCH 25, 1986 350 III. COMMUNICATIONS. SUPERVISOR MURPHY: Number III is Communications. 1. From the Southold Senior Citizens Club, Inc. thanking us for our assistance in helping them out while our Rec Center is closed. 2. From Edward Schwindt, Jr. on the Airport Study. 3. From Frank Bear appreciating the Town Board resolution and for his work with the Suffolk County Park and Recreation Department. 4. Notice of a seminar for local 9overnment officials from Gall Shaffer, Secretary of State. IV. PUBLIC HEARINGS. SUPERVISOR MURPHY: Tn ~ ~ ,..e.e a,~ two public hearings ~-~ ~ ~ s .... ~ue~ in'about five or ten minutes. V. RESOLUTIONS. SUPERVISOR MURPHY: We'll move on to Resolutions. The first one is a trailer permit renewal. 1. Moved by Councilwoman Cochran, seconded by Supervisor Murphy, it was RESOLVED that the application of Martin Sidor for renewal of his single family house trailer permit, for trailer located on the south side of Oreqon Road, Mattituck, New York, which permit expired on March 23, 1986, be and hereby is 9ranted for a six (6) month period. 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 is another renewal of a house trailer permit.~ 2. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the application of Sophie T. Saunders for renewal of her single family house trailer permit, for trailer located on the north side of Main Road, Laurel, New York, which permit expires on April 7, 1986, be and hereby is 9ranted for a six__, (6) month period. 2.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Counci man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy .... This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 3 we're going to hold. (Advertise for resumes for Summer Research Intern for the Planning Board.) Number 4 is a review of a Draft Environmental Impact Statement. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that in accordance with Chapter 44 of the Code of the Town of Southold, entitled "Environmental Quality Review", the Town Planner is directed to review the comments with respect to Draft Environmental Impact Statement for the change of zone petition of Meadow Farms Associates, and be it further RESOLVED that in accordance with Section 44-20 of the Code, the actual expense to the Town of Southold for reviewing said DEIS shall be paid to the Town by th~ applicant prior to the issuance of a building permit. -Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburqh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 5 is to advertise for resumes. 5. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for one Board of appeals Member, ~ five year term to expire on April 19, 1991. ! i! 5.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council~-~ man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 6 is a settlement of an action against the Town of Southold. Moved by Justice Edwards, seconded by Councilman Penny, WHEREAS, Ronald J. Diachun, on or about February 5, 1986 commenced an actiof~ against the Town of Southold in the Supreme Court of Suffolk County for damages as a result of an incident occurring on February 3, 1985, and WHEREAS, the said Ronald J. Diachun has agreed to settle said action for the sum of $2,500.00, NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold MARCH 25, 1986 3 5 1 does hereby approve of the settlement Q.f~such action for the sum of $2,500.00. 6.-Vote of the Town ~3oard: Ayes: Councilman Penny, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. Abstain: Council- woman Cochran. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 7 is to transfer funds for a Hospice Program. 7e Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $5,700.00 from the General Fund Whole Town Contingent Account A1990, into Proqrams for the Agin9 (Hospice) A6773.4 to provide funds for the "Friends of Hospice" Program. 7.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare,, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 8 is to disband, with thanks, the Technical Advisory Committee for the Airport Site Selection/Master Plan Study. I offer that resolution. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, WHEREAS, the Town Board of the Town of Southold has declared an end to the Airport Site Selection/Master Plan Study, and WHEREAS, the Town Board, on October 4, 1983, created a committee known as the "Technical Advisory Committee for the Airport Site Selection/Master Plan Study", which committee has concluded their'obliqations with the end of the study, now, therefore, be it RESOLVED that the Town Board hereby disbands the Technical Advisory Committee, appointed on October 4, 1983, and extends their sincere thanks and appreciation to all of the members who devoted untold hours on behalf of this project, and provided the Town Board with their knowledge and expertise throughout the study, and be it further RESOLVED that the Town Board hereby recognizes and extends special thanks and appreciation to the most valuable member of the Technical Advisory Committee, David Spohn, who was appointed by the Town Board on October 4, 1983 as client contact to act as Southold town's official representative on the Airport Site Selection/Master Plan Study. TECHNICAL ADVISORY COMMITTEE Representative of the Federal Aviation Administration Representative of the New York State Department of Transportation Representative of the Nassau-Suffolk Regional Planning Board William F. Mullen, Jr., member of the Southold Town Planning Board Former Superintendent of Highways Raymond C. Dean Supervisor Francis J. Murphy David Spohn, North Fork Aviation Association Jay Wickham, Mattituck Airbase Edwin Reeves, owner of Yankee Airways, potential fixed-base operator Ruth Oliva, President of the North Fork Environmental Council 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: Number 9 is a request for a speed survey. 9. Moved by Councilman Schondebare, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby requests the New York State Department of Transportation to conduct a speed survey for the purpose of reducing the speed limit in the Laughin9 Waters area, to include Nakomis Road, Hiawatha's Path and Minnehaha Boulevard, to 30 miles per hour. 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 grant permission to the Southold Fire Department to use our roads. 10. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby 9rants permission to the Southold Fire Department to use the following Town roads for staging and line of march for their 100th Anniversary Grand Parade and Celebration to be held on Saturday, September 6, 1986, starting at 10:00 A,M, (rain date: Sunday, Sept- ember 7, 1986, starting at 12:00 Noon): Hobart Road, Terry Lane. Old Shipyard Lane, L'Hommedieu Lane, Oaklawn Avenue. Permission is also granted to use Oaklawn Avenue for running of the Muster Competition, The foregoing is all subject to the Southold Fire Department maintaining the proper insurance to hold the Town of Southoid harmless. 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 Fishers Island Harbormaster. 11. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John Clavin, Fishers Island, NewYork, as Harbormaster for the waters in and around Fishers Island, effective January 1, 1986 through December 31, 1986; Mr. Clavin to serve in this capacity without compensation. 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 execute an agreement with the part-time Bay Constable on Fishers Island. 12. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an agreement between the Town and John Clavin, Fishers Island, New York, to perform services as a part-time Bay 12. Constable for the purpose of patrolling the waters in and around the Town of Sothold, at a total compensation of $1,000.00, effective January 1, 1986 through December 31, 1986, the Town to pay all expenses for fuel required for the operation of Mr. Clavin~s boat while he is performing services for the Town during the term of this agreement. -Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 13 is to execute an application for a grant. 13. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an application to the New York State Office for the Aqin~l for a Recreation Proqram for the Elderly 9rant which will provide $2,119.50 in state aid for bus transportation and destination fees for senior citizen day trips, as well as costs pertaining to RSVP charges for gas for vehicles, telephone costs, maintenance of vehicles and insurance. Program period: April 1, 1986 through March 31, 1987. 13~-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Counci man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor MUrphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 14 is to authorize attendance at a convention. 14. Moved by CouncilWoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Recreation Director Susan Fossett to attend the 1986 New York State Recreation and Parks Convention and Exposition, at Kerhonkson, New York, from May 4, 1986 through May 7, 1986, and the actual cost for registration, meals, Iodgir~g, and travel shall be a legal charge against the Recreation Department 1986 Budqet. 14.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, ~ouncil- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor MQrphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: It is now 3:30. I'd like a resolution to recess for the time it takes __to hold our two public hearings. Moved by Councilman Stoutenburgh, seconded by Councilman Penny, it was RESOLVED that a recess be called at this time, 3:30 P.M., for the purpose Of holding the following public hearinqs: 3:30 P.M. on a proposed "Local Law to provide Regulations for the use and operation of Public Sewers" (Fishers Island Sewer District). 3:35 P.M. on the question of the acceptance of an option for the acquisition, by the Town of Southold, of the development rights in the agricultural land owned by G. Ritchie Latham and James P. Latham, at Orient. 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. Regular Me6ting r, econvened at 3:40 P.M. SUPERVISOR MURPHY: 1'11 reopen this Regular Town Board Meeting to Resolution No. 15 to accept a bid. 15. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Stanley F. Skrezec, in the amount of $47,000.00, for the "7th Street Sewer Project, Greenport, New York", all in accordance with the project plans and specifications. MARCH 25, 1986 3 5 3 15.-Vote of the Town Board: Ayes: CoU,ri~i~lm~n~Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Okay, Number 16 we're 9oin9 to hold to do a little more research (ERM-Northeast report entitled "Point-of-Use Water Treatment Systems"). Number 17 is to set a public hearing at 4/22 at 3:30 concerning the franchise to the National Gas and Electric Corporation of America. COUNCILMAN SCHONDEBARE: No, 7:30. TOWN CLERK TERRY: 8:00 o'clock if you're going to start your meeting at 7:30. 17. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED tha~ the Towr. Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, April 22, 1986, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearinq on a proposed contract between Nationa[ Gas and Electric'Corporation of America for a franchise to extract landfill gas for the purpose of creati~ng electric energy, selling or otherwise disposing of the gas or electricity from the premises commonly known as the Cutchogue Land- fill site, for a period of five {5) years. 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 amend the charter of the Fishers Island Ferry District. 18. Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assembly Bill No. 9104, entitled, "AN ACT to amend chapter six hundred ninety-nine of the laws of 1947, relatinq to authorizing the creation of Fishers Island Ferry District in the Town of Southold, Suffolk County and providin9 for the election of its officers and.management of its affairs, in relation to the sale or conveyance of real property in said district. The Town Board hereby declares that a necessity exists for the enactment of such legis- lation, and that the facts establishing such necessity are as follows: The Town of Southold does not have the power to enact such legislation by local law. 18.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 19 is to amend a previous resolution. 19. Moved by Councilman Penny, seconded by Councilman Schondebare, it was RESOLVED that the Town Board of the Town of Southold hereby amends tt~eir Resolution No. 8, adopted on February 25, 1986, with respect to the appointment of Police Officers Vincent L. Tirelli, Jr., Henry F. Santacroce, Jr., and Edward Grathwohl: "their appointment to become effective upon the commencement of the Suffolk County or Nassau County Police Recruit School." SUPERVISOR MURPHY: I might add, the reason for this is Suffolk County might not have their recruit school and the policy of the Police Committee and the Police Chief is not to have these three people could go out on the street, they are educated in the part-time police academy and they fit the State standards, but we want them to attend the full-time academy if we can get away with it before the summer season. We'd like them trained and that's why we're thinking of sending them in to Nassau County. They will take them and we appreciaie it. 19.-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 20 is to advertise for bids. 20. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was RESOLVED that the Town ~oard of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase and application of 150,000 9allons, more or less as may be needed, of Grades RC-2 and MC-2 Asphalt Road Materials. 20.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 21 is to advertise for bids also. 354 MARCH 25, 1986 Rescinded May 6, 1986 Resolution #32 21. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the repair 'and resurface of Traveler Street, Traveler Street Extension, and Beckwith Avenue, Southold. 21.-Vote of:the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- 23. man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 22 we are going to hold (execute a Satisfaction of Mortgage with Robert Berg). Number 23 is to amend a prior resolution of the Fishers Island Ferry Dis[rict. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was RESOLVED that the Town Board of the Town of Southold hereby amends their Resolution No. 22, adopted on February 4, 1986, authorizing the Board of Commissioners of the Fishers Island Ferry District to hire Neal E. Parker, John G. 'Sayah, and Joe Watts as part-time Deckhands at a wage rate of $5.09 per hour, to ~flect a wage rate of $5.'35 per hour, all in accordance with the recomm'endations of thi~ Board of Commissioners of the Fishers Island Ferry District. 23.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Sc~ondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 24 is to accept a bid for Fishers Island Ferry District. 24. 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 Commissioners of the Fishers Island Ferry Districi to accept the bid and enter into a contract with Thames Shipyard & Repair Co., New London, Connecticut, per its bid for drydockin9 the M/V RACE POINT at a cost of $7,650.00, plus $40.'00 each for sacrificial anodes, and its bid for drydockin9 the M/V MUNNATAWKET at a cost of $5,000.00, plus $40.00 each for sacrificial anodes, and the accomplishment of supplemental items E and F, of the bid specifications. 24.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justic~ Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 25 is a Home Rule Message on our landbank bill. SUPERVISOR MURPHY: Number 26 is the same Home Rule Message for Assembly bill no. A. 6370-A which is the same bill and they're looking for a Home Rule Message. I offer that resolution. 26. Moved by SupervisOr Murphy, seconded by Councilwoman Cochran, it was RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assembly Bill No. A.6370-A, entitled "AN ACT establishing the Southold land preservation bank to preserve, acquire, hold and manaqe certain real property in the town of Southold, county of F""7 Suffolk and providinq for the repeal of certain provisions upon expiration thereof. L ~!] It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The Town Board does.~' not have the power to enact such legislation by local law. 26.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Stoutenburgh, Justice Edwards, Supervisor Murphy. No: Councilman Schondebare. This'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 27 is to execute an agreement. 27. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a contract between the New York State Urban Development Corporation and the Town with respect to an Aquaculture Innovation Program - Scallop Structures, and providng for a grant of $31,470.00. 27.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly AI}OPTFI~ 25. Moved by Councilman Stoutenburgh, seconded by Supervisor Murphy, it was RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby request the enactment of Senate Bill No. S.5514-A, entitled, "AN ACT establishin9 the Southold land preservation bank to preserve, acquire, hold and manage certain real property in the town of Southold, county of Suffolk -and providin9 for the repeal of certain provisions upon expiration thereof. It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The Town Board does not have the power to enact such legislation by local law. 25.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Stoutenburgh, Justice Edwards, Supervisor Murphy. No: Councilman Schondebare. This resolution was declared duly ADOPTED. 28. 3 5 5 Number 28 is to execute another agreement. SUPERVISOR MURPHY: Moved by Councilman Penny, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute a contract between the Town of Southold and Cooperative Extension Associastion of Suffolk County to furnish the personnel, facilities and supplies to carry out the Aquaculture Innovation Program - Scallop Structures. Third Quarter: Program Assistant - $2,500.00; Fourth Quarter: Program Assistant - $2,500.00; Seed Purchase - $18, 100.00. 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: That?s the end of the regu!ar resolutions. ~;Je are adding a couple others on. Number 29 is a resolution asking our local congressman and senators to support and save General Revenue Sharing for the Town. We feel it's most important. I offer that resolution. 29. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send a message to Congressman William Carney urging his support for the preservation of General Revenue Sharinq - Function 850 in the Budget Resolution. The Town Board recognizes the need for deficit cutting measures, but opposes the total elimination of this valuable program. 29.-Vote of the Town Board: Ayes: Councilman Penny, CouncilWoman Cochran, Council-' man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. COUNCILMAN SCHONDEBARE: And we expect swift action by our congressman. SUPERVISOR MURPHY: Number 30 is to advertise for part-time secretarial service for the Town Trustees---Clerk Typist. 30. Moved by Councilwoman Cochran, seconded by Councilman Stoutenburgh, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for the part-time position of Clerk Typist for the Board of Town Trustees, 17½ hours per week, 55.50 per hour. 30.-Vote of the Town Board: 31. Ayes: Councilman Penny, Councilwoman Cochran, Council- man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 31 is to enact Local Law No. 2 which is the Fishers island Sewer Disl~rict regulations. Moved by Supervisor Murphy, seconded by Justice E.dwards, WHEREAS, a proposed Local Law No. 2 - 1985 was introduced at a meeting of this Board held on the 25th day of February, 1986., and WHEREAS, a public hearing was held thereon by this Board on the 25th day of March, 1986, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that Local Law No. 2 - 1986 be enacted as follows: LOCAL LAW NO. 2- 1986 A Local Law to provide Regulations for use and operation of Public ' Sewers BE IT ENACTED by the Town Board of the Town of Southold, Suffolk County, New York as follows: The Code of the Town of Southold is hereby amended by adding thereto a new Chapter to be Chapter 76, to read as follows: Chapter 76 Public Sewers Article I use of Sewers Section 76-1. Purpose In order to assure the proper disposal of sewage and waste waters and the proper operation and maintenance of the public sewers, sewage treatment facility and other sewage works within the Fishers Island Sewer District (FISD) and to provide an adequate record of sewers, drains, appurtenances and connections thereto, the following regulations are enacted by the Town Board of the Town of Southold acting for and on behalf of the FISD under the authority of the General Statutes of the State of New York. Section 76-2. Definitions Unless the context specifically indicates otherwise, the meaning of terms used herein shall be as follows: (a) "District" shall mean Fishers Island Sewer District (FISD). (b) (c) "Superintendent" means an agent of the FISD. "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage or waste water. (d) "Sewage Treatment Plant" shall mean any arrangement ol-'~... devices and structures used for treating sewage.~ ~i~.~ (e) "Sewage" shall mean waste water or water,carried wastes from residences, business buildings, institutions, and industrial establishments. Sewage shall be further classified as follows: (f) "Domestic or Sanitary. Sewage" shall mean the solid and liquid wastes from toilet and lavatory fixtures, kitchens, laundries, bath tubs, shower baths, or equivalent plumbing fixtures as discharged from dwellings, business, and industrial buildings. e "Industrial Sewage or Wastes" shall include the water carried wastes of any industrial process as distinct from domestic or sanitary sewage. All substances carried in industrial wastes, whether dissolved, in suspension, or mechanically carried by water, shall be considered as industrial wastes. At the present, no industrial wastes exist or are anticipated. "Storm Water" shall include the run-off or~-~ discharge of rain and melted snow or other water[! from roofs~ surfaces of public or private lands,, i or elsewhere. Storm water also shall include~''~' "subsoil drainage" as defined in (e)4. "Subsoil Drainage" shall include water from the soil percolating into subsoil drains and through foundation walls, basement floors, or underground pipes. "Cooling Water" shall include the waste water from air conditioning, industrial cooling, condensing, and hydraulically powered equipment or similar apparatus. e "Garbage" shall mean solid wastes from the preparation, cooking, and dispensing of fqod, and from the handling, storage, and sale of produce. "Properly shredded garbage" shall mean garbage which has been shredded so that no garbage particles will be greater than one-half (1/2") inch in any dimension. "Sewer" or "Drain" shall mean the pipe or conduit together with manholes and other structures equipment appurtenant thereto, provided to carry sewage, waste liquids, storm water or other waters. Sewers shall be further classified as follows: 1. "Public Sewer" shall mean a trunk, main, or lateral sewer up to and including t~e "Y" branch or tee provided for connection thereto, and to which all owners of abuting properties have equal rights, and which ~s controlled by pu'blic authority. The public sewer does not include the building or house sewer, or the "buildin~ lateral" after it is connected with a building seQer. 2. "Sanitary- Sewer" shall mean a sewer which carries only sanitary sewage and an acceptable discharge of industrial wastes, and to which storm water, MARCH 25~ 1986 cooling intentionallY admitted. 3571 water are nog 3. "combined SeWer'' shall mean a sewer receiving both storm water and domestic sewage. '~ e "Storm Sewer" or "Storm Drain" shall mean a pipe line carrying storm water, subsoil drainage, acceptable cooling water or other clean waters, but excluding domestic sewage and industrial wastes. Se Se 0 "Building Drain" shall mean that part of the lowest horizontal piping of a building drainage system'that receives the discharge from the soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5') feet outside the inner face of the building_wall. "Building or House Sewer" shall mean the extension from the building drain to the public sewer. "Building Connection Lateral" shall mean the pipe laid incidental to the original construction of a public sewer from said public sewer up to and including the "Y" branch, tee, or other connection provided for use thereafter as part of a building connection. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 200 degrees C. expressed in mg/1 (milligrams per liter) by weight. In computing BOD, reference shall be made to the latest edition of STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTE WATER. (h) "COD" (denoting Chemical Oxygen Demand) shall mean the quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter under standard laboratory procedure expressed in mg/1 (milligrams per liter) by weight. In computing COD, reference shall be made to the latest edition of STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTE WATER. (i) "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of sotutlon. (j) (k) (1) (m) (n) (o) "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by filtering as prescribed in STANDARD METHODS FOR THE EXAMINATION OF WATER, SEWAGE, AND INDUSTRIAL WASTE, American Public Health Association. "Chlorine Demand" shall mesh the amount of ch!or~k~ which must be added to water or waste to produce a residual chlorine conten5 of at least 0.1 mg/1 after a minimum contact time of ten (10) minutes. "Natural Outlet" shall mean any outlet into a water course, pond, ditch, lake, or other body of surface or ground water. "Water Course" shall mean a channel in which a flow of water occurs, either continuously or insermittentlv. "Person" shall mean any individual, firm, company, association, society, corporation or group. "Drain Layer" or "Licensed Drain Layer" shall mean either an indiv!dual, partnership, or corporation to whom the Town of Southold has issued a license and the proper agents and representatives to install, alter, or repair sewers, sewer connections, house connections, etc., during the period when such license is valid. (P) (q) (r) "Shall" is mandatory; "May" is permissive. "Slugs" shall mean any discharge of water, sgwage, or industrial waste, which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. "NPDES" shall mean the National Elimination System. Pollutant Discharge (s) "DEC" shall mean the New York State Department of I Environmental Conservation. (t) "ASTM" shall mean the American Society for Testing and Materials. Section 76-3. General Requirements for Disposal of Community Wastes (a) (b) (c) It shall be unlawful for any person to place, deposit, or permit to be deposited in any manner upon public or private property within the FISD, or in any area under the jurisdiction of said District any human or animal excrement, garbage, or other objectionable waste. It shall be unlawful to discharge to an~ natural outlet or storm sewer within the FISD, or in any area under the jurisdiction of said District, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and the applicable State Regulations. The Owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the FISD and abutting on any street, alley, or right-of-way, in which there is now located or may in the future be located on a public sanitary or combined sewer of the District may, at the option of the District and at the Owner's expense,- be required to install a building sewer to connect their building drain to the public sewer in accordance with the provisions of this regulation, within ninety (90) days after date of official notice to do so. (d) (e) It shall be unlawful for any person to' construct or repair any privy, privy vault, septic tank, cesspool, or other facility intended for the disposal of sewage if public sewers are available. Where a public sanitary or combined sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions-of this section. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the FISD~,~] · which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit for a private become effec5lve until completed to the sewage disposal shall not the installation is satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. MARCH 25, i98G ¥,~ 3 5 9 3. The! itype, capa~ities~ location, and layout of a ' private sewage disposal system shall comply with ali recommendations or,the Department of ?ublic Health of the State of New York. No per~it ~h~il be issued for any private sewage disposal ~ystem employin~ subsurface soil absorption facilities unless the follo~in9 conditions are met: (i) (ii) (iii) the realty subdivision or development is located outside of Groundwater Management Zones III or VI, and all parcels in the realty subdivision or development consist of an area at least twenty thousand (20,000) square feet; or in the case of a clustered realty subdivision or development, the population density equivalent is equal to or less than that of a realty subdivision or development of single family residences in which all parcels consist of an area of at least twenty thousand (20,000) square feet; The realty subdivision or development is located within Groundwater Management Zones III or VI, and all parcels in the realty subdivision or development consist of an area of at least forty thousand (40,000) square feet; or in the case of a clustered realty subdivision or development, the p~putation density equivalent is equal to or less than that of a realty subdivision or development of single, family residences in which all parcels consist of an area of at least forty thousand ('40,000) square feet; The realty subdivision or development or any portion thereof, is not located within an existing sewer district and is located in an area where subsoil and groundwater conditions are conducive to the proper functioning of individual sewage systems; (iv) (v) 4 The individual sewage works comply with the Department's current Standards and the minimum State requirements as set forth in NYCRR, Part 75, to the extent applicable to Suffolk County; and The Suffolk County Water Facilities Requirements are complied with. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 76-3.(e)(iii) above, the building sewer shall be connected to the public sewer in compliance with Section 76-3.(c~).,. and _.any septic tanks, cesspools, and similar private se~a~e disposal facilities shall be abandoned and filled with clean bank run gravel, dirt, or any other suitable material as approved by the FISD. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at the owner(s) expense. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. Section 76-4 (a) Wastes Which May and Wastes Which Shall Not Be Discharged into Public Sewers and Drains No person shall discharge into any public sewer of the FISD any waste, substance, or waters ether than such kinds or types of waters or water-carried wastes for the conveyance of which the particular public sewer is intended, designed, or provided. (b) No person shall discharge or cause to be d%scharged any stgrm waker, surface water, ground water, roof runoff, subsurface drainage, cooling water, air conditioning and refrigerating waste waters, or unpolluted industrial process waters to any sanitary sewer. (c) Industrial cooling water or unpolluted process waters or storm water and all other unpolluted drainage, may not be discharged to sanitary sewers. (d) No person(s) shall discharge or cause to be discharged~ any of the followinq described waEers or wastes to any~ ~ public sewers: Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid or gas. 2. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, creaue a public nuisance, or create any hazard in the receiving waters of the wastewauer treatment plant. 3. Any waters or wastes having a pH lower than 6.5 or in excess of 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wassewauer works. Se Any waters or wastes containing heat in such quantities as to cause inf!uent temperature au the treatment facility'to exceed t04~ degrees F (40°-~ degrees C). __ Solid or highly viscous substances in quantities of or such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch, manure, hair and fleshings, enurails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. Any substances which may cause the wastewater treatment facility's effluent or any other produce of the wastewater facilitiy such as residues, sludges~ or scums to be unsuitable for reclamation Process where the wastewater facility is pursuing a reuse and reclamation program. In no case, shall a substance discharged to the wastewater facility cause the facility to be' in non-compliance with sludge use or disposal criteria, guidelines, or requlations developed under Section 405 of the Clean Water Act; any criteria, guidelines or regulations affecting c-n sludge use or disposal developed pursuant to the Resource Conservation and Recovers, Act, the Clean Air Act, the Toxic Substances Control Act, or State Criteria, applicable to the sludge management method being used. 7. Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, s~icie~nE either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater treatment facility or to the operation of the wastewater treatment facility. At no time, shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the sewage collection system (or at any point in the MARCH 25, 1986 system) be more than five (5%) pe~ce~t nor any single reading over ten (10%) percent of the Lower Explosive Limit (LEL) of the meter. 361 (e) The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving water or w!l! not otherwise endanger lives, limb, public property, or constitute a nuisance. The FISD, acting upon the recommendation of technical advisors, may set limitations lower than the limitations established in the regulations below, if in their opinion, such more severe limitations are necessary to meet the above objectives. In forminq their opinion as to the acceptability, the Water Pollution Control Authority will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations of restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Water Pollution Control Authority are as follows: 1. Wastewater having a temperature higher than 150c degrees F (65Odegrees C). e Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become highly viscous at temperatures between 32Odegrees F and 150~degrees F (0~degrees C and 65~degrees C). 3. Wa~tewater from industrial plants floatable oils, fat, or grease. contalnzng 4. Any garbage that has not been properly shredded. 5(a). Any water or wasEes having a concentration of any of the following pollutants in excess of the following limits: Pollutant Concentration parts/ million (mg/1) Arsenic as As 0.05 Barium as Ba 5.0 Boron as Bo 5.0 Cyanides as CN (Amendable) 0.1 F!ourides as F 20.0 Chromium (Total) Chromium (Cr+6) 0.1 Magnesium as Mg 100.0 Manganese as Mn 5.0 Copper as Cu 1.0 Zinc as Zn 1.0 Cadmium 0.1 Lead 0.1 Tin 2.0 Silver 0.1 Mercury 0.01 Nickel 1.0 Note: Ail metals are to be measured as total metals. 5(b). Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the FISD for such materials. fe Any waters or wastes containing odor substances exceeding limits which established by the FISD. producing may be Any radioactive wastes or isotopes of life or concentration as may exceed established by the FISD in compliance applicable state or federal regulations. (ii) (iii) such half limits with (iv) Materials which exert or cause: (i) Unusual concentrations of inert suspended~ solids (such as, but not limited to, Fullersi?ii earth, lime ~lurrles, and ~ime residues; of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). Excessive discoloration (such as, ?.ut not limited to, dye wasces, and vegetable tann±ng solutions). Unusual BOD, COD, or chlorine requiremen£s in such quantities as to constitute a significant load on the sewage treatment works. Unusual volume of flow or concentration of wasses constituting slugs as defined herein. Ail slug discharges, despite their severity, will be reported to the FISD prior to the time of discharge. (v) Any other wastes deemed unacceptable by the F!SD. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that thc wastewater treatment plant effluent cannot meeE the requirements of agencies having jurisdiction over discharge to the receiving waters. 10. AnyI water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes or which may ca'use the effluent limitations of the NPDES Discharge Permit to be exceeded. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which wa5ers contain the substance or possess the characteristics enumerated in Section 76-4. (e) of this chapter, and/or which in the judgement of the Water Pollution Control Authority may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise crea~e a hazard to life or constitute a public nuisance, the FISD may:~-~ 1. Reject the wastes; 2. Require pretreatment to an acceptable for discharge to the public sewers; 3. Require control over the quantities and discharge; .and/or condition rates of 4. Require payment to cover the ad~e~ cost handling and treating the ~asnes. of If the FISD and DEC allows the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be ~ARCH 25, 1986 (g) (h) (i) ( j ') (k) 363 subject to the r~yiew and approval of the Water Pollution Control Authority and DEC and subject to the requirements of all applicable codes, ordinances, and laws. Grease, oil, and sand interceptors shall be provided when, in the opinion of the FISD they are necessary for the proper handling of liquid wastes containing floatab!e grease in excessive amounss, or any flammable wastes, sand or other harmful ingredients, except that such intercepsors shall not be required for private living quarters or dwelling units. All intercepEors shall be a type and capacity approved by the FISD and shall be located as to be readily and easily accessible for cleaning and inspection. Where pretreatment of flow-equalizing facilities are provided o~ required for any wa~ers or w~stes, they shall be ~aintained continuously in satisfactory and effective o~eration by the owner(s) at his ~xpen~e. When required by the DEC or the FiSD, the owner of any property serviced by a building sewer carry!ng industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure, when required, shall be accessibly'and safely located, and shall be construc5ed in accordance with plans approved by the FISD. The strucuure shall be installed by the owner(s) at his expense, and shall be maintained by him so as to be safe, accessible, and in satisfactory operation at all times. The FISD may require a user of sewer services to provide information needed ~o determine compliance with this chapter. These requirements may include bu~ are not limited to: ]. wastewater discharge peak rate and volume over a specified time period. 2. Periodic chemical analyses of wastewaters. 3. Information on raw materials, processes, and products affecting wastewater volume and quality. 4. Quantity and dispesition of specific iicui~, sludge, oil, solvent, or other materials important to sewer use consrol. 5. A plot plan of sewers of the users properEy showing sewer and pretreatment facility location. 6. Details of wastewater pretreatment facilities. 7. Details of systems to prevent and control the losses of materials through spills to the municipal sewer. 8. Provide certification that the user is not discharging consaminated waEer such as storm water, ground water, or sub-surface drainage to the sanitary sewer system, and that the piping sys5em to convey such waEers is completely separate from the sanitary sewer system. Ail measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTEWATER, published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the Superintendent. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards 364 MARCH 25~ 1986 to life, limb and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whe5her a grab sample or samples should be taken. Normally, but not always, BOD and suspended so.lids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pH's are determined from periodic grab samples.) (1) The admission in the public sewers of any wa5ers or wastes having (1) a five (5) day BOD greater than three hundred (300) milligrams per liter by weight, or (2) containing more than three hundred fifty (350) milligrams per liter by Weight of suspended solids,~ or (3) coq~ain~ng an~ quantity of substance having the characteristics described in Section 76-4.(d) or (4) having a chlorine demand of more than fifteen (15) milligrams per liter by weight or (5) having an average daily flow greater than ten (10%) percent of the average daily sewage flow of the District, shall be subject to the review and approval of the FISD. Where necessary in the opinion of the FISD, the owner(s) shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the BOD to three hundred (300) milligrams Der liter by weight, the suspended solids to three hundred fifty (350) milligrams per liter by weight, and the chlorine demand to fifteen (15) milligrams per liter by weight, or (2) reduce objectionable characteristics or constituents to within the maximum limits provided for in Section 76-4.(d) or (3) conErol the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the FISD and of any or all State Regulatory Agencies having jurisdiction, and no construction of such facilities shall be commenced until said approvals are obtained in writing. (m) Determination of Exclusion of Wastes - In determining whether any waste discharged or proposed to be discharged into any public sewer is to be excluded, consideration will be given to the quantity, time or times, rate and manner of discharge, dilu%ion and character of the waste in question, the size of the sewer into which the waste is to be discharged, the probabl~e quantity of sewage or other wastes likely in said sewer, and other pertinent facts. Minute quantities of a waste which would be objectionable in larger quantities may be accepted if sufficiently diluted when and as discharged, or if the quantity discharged is small as compared with the flow in the receiving sewer; but any permission to discharge minute quantities of an otherwise excluded waste shall be revocable at any time by the Superintendent. (n) Pre-treatment Facilities At all premises where wastes or substances specified to be excluded from public sewers by these regulations are present and liable to be discharged directly or ~nd~rectly into said sewers, suitable and sufficient piping layouts, oil, grease, sand and flammable waste traps or separators, screens, settling tanks, diluting devices, storage or regulating chambers, treatment, cooling or other equipment and devices shall be provided. These shall be maintained and properly operated by the owner(s) of the premises or his agent at his expense to insure that no waste or substance ~s discharged in violation of the requirements of these regulations. (o) Ail measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the latest edition of STA~DARD :'~ETHODS FOR THE EXAMINATION OF WATER AND SE;~AGE. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer Eo the point at which the buildinc sewer is connected. (p) Section 76-5 (a) Section 76-6 (a) (b) Section 76-7 (a) Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner(s) or user's own cost and expense. The Commissioner of DEC may require that plans showing facilities and operating procedures be submitted for review and approval prior to construction of the facilities. (1) (2) Within five (5) days following an accidental discharge, the user shall submit to the Director and Commissioner of DEC a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future ocourrences-. Such notification shall not relieve the user of any expenses, loss, damage, or other liability which may be incurred as a result of damage to the wastewater ~reatment facility, fish kills, aquatic plants, or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employeees whom to call in the event of a dangerous discharge. Employers shall insure that all employees are advised of the emergency notification procedure. Discharge of Effluents from Privane Sewage Disposal Systems into Public Sewers an~ of Cleanings Therefrom No person shall discharge' or cause to be discharged into any public sewer, either directly or indirectly, any overflow or effluent from a septic tank, cesspool, subsurface drainage trench, bed or filter, or other receptable storing organic waste. Persons Authorized to Work in or on Public Sewers Connections to, alterations to, or repairs to any public sewer or the manholes or other appurtenances o~ said sewer system in the FISD shall not be made by any person without a permit issued ky the Superintendent. No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of any public sewer, place or insert in any public sewer or its appurtenances any foreign material which said sewer or its appurtenances was no~ intended to rece!ve, nor shall any person damage, destroy, uncover, deface, or tamper in any way with any public sewer or its appurtenances. Any person violating this provision of this chapter shall be subject to afresh under a charge of disorderly conduct. Building or House Sewer Permits There shall be building permits residential and commercial service. his agent shall make application on furnished by the District. for sewers for The owner(s) or a special fcrm The application shall state the location and characner of the work to be performed, the person granted permission to perform such work; the time limit for completion of the work, the general characner of the wastes which are or may be discharged into the sewer in question; and any other pertinent information or conditions. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the Superintendent. A permit and inspection fee of two hundred ($200.00) dollars for one (1) and two (2) 366 MARCH 25, 1986 family dwellings, two hundred ($200.00) dollars each for first two (2) dwellings and one hundred fifty ($150.00) dollars each additional dwelling unit for multifamily dwellings, one thousand ($1,000.00) dollars per acre of developed land or fraction thereof for institutional type buildings such as schools, churches, etc., and for retail and commercial property shall be paid to the FISD at the time the application is filed. In those cases where a sewer connection charge has been levied or will be levied, the charge for permit and inspection fee of two hundred ¢$200.00~ do]]ar~ for one (1) and two (2) family dwellings shall be waived. (b) Ail costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner(s). All building sewers shall be maintained by the owner(s) of the property served. When a building connection lateral" has been connected with a building sewer, the lateral shall become and thereafter be a part of such building connection and shall be maintained at the expense of the owner(s) of the property. (c) No person, other than those working for and under the direction of the Superintendent shall excavase, construct, install, lay, repair, alter or remove any building or house sewer, or any appurtenance thereof, within the FISD, if such sewer is connected or discharged or is intended at some future time to be connected or discharged, directly or indirectly, into any publc sewer of said District, until said person has a permit secured by the owner(s) (or his agent) of the property in question for doing such work, and luther provided that said person has been granted a license to perform said work by the State of New York under the stipulations and requlremenss of Section 76-8 of these regulations. (d) Any permit may be suspended or terminated by the FISD on written notice to the permittee for violation of the conditions thereof or for any violation of the requirements of these regulations or for other reasons in the public interest. Section 76-8 Those Authorized to do Sewer Work Licensing of Drain Layers~ (a Only the following person or persons shall construct, repair, alter, or remove building sewers or make connections therefrom to a public sewer; 1. Regular forces of or a contractor employed by the FISD. e Regular forces of any public utility corporation while engaged in work incidental to the regular structures of said utility company and operating under a perm!t ~ssued by the FISD. Any person who shall have been licensed by th,e State of New York to perform work of this type during the period provided by the license and under the conditions of the license. Such persons shall be called licensed drain layers as defined in Section 76-2.(o); all dralns and fixtures within structures shall be connected by plumbers and others in conformance with the requirements ~o~ this chapter as to what may or what shall not ~ discharged into public sewers. (b) Any person licensed as a drain layer Shall give ~ersonal attention to the work performed and ~ ~ - s..a~_ employ only competent persons, who are fa~±!iar ~±th this chapter. MARCH 25, 1986 367 (c) Each licensed drain l'~yer shall file with the FISD a performance and guaranty bond, which shall remain in full force for at least twelve (12) months from the date of application for a permit as provided in Section 76-7, in the amount of not less than five thousand ($5,000.00) dollars in form and with surety satisfactory to the FISD. The applicant shall indemnify the Town of Southold for any negligewnce or omission of the applicant or his agents, while operating under the license applied for; that the applicant shall reimburse the FISB for any expense to said FISD arising from any injury or damage to any sewer or other property of said Town or by reason of any violation by the applicant or his agents of any requirement of these regulations; that the applicant shall faithfully execute all work required under the license as granted; that the applicant shall restore that portion of any street or public place in which the applicant may have made an excavation incidental to his work to as good a condition as it was prior to said work and also shall maintain said street or public place in like good condition to the satisfaction of said municipality for a period of six (6) months after said restoration; that the applicant shall reimburse the FISD or the Town of Southold for the expense of repairs to any street or public place made necessary by reason of any excavation made by the applicant; and' that the applicant shall comply with all rules, regulations, laws, ordinances, etc., relative to work in public streets and public places. (d) Each licensed drain layer shall file with the FISD a certificate or certification of Public Liability and Property Damage Insurance, which shall remain in full force for at least twelve (12) months from the date of application for permit as provided in Section 76-7, in an amount of not less than one hundred thousand ($100,000.00) dollars for injuries, including accidental death, ~o any one (1) person and subjec% to the same limit for each person, in an amount not less than five hundred thousand ($500,000.00) dollars on account of any one (1) accident and property damage insurance in an amount not less than ten thousand ($10,000) dollars. The District shall be included as an assured or in lieu thereof, the drain layer shall file with the Superintendent an Owner's Protective Liability and Property Damage Insurance Policy in the same limits as aforementioned. Each insurance certificate and policy shall contain a statement by the insurance carrier not to cancel the policy or Dolicies excep5 upon fifteen (15) days notice to the Representative. (e) Each licensed drain layer shall file with the FISD a certificate of policy covering Workmen's Compensation Insurance, which shall remain in force for at least twelve (12) months from the date of application, for a Permit as provided in Section 76-7. Section 76-9 Materials and Workmanship for Building Sewers, their Connections and Appurtenances The following requirements of this section shall apply to any person licensed to do sewer work and who has a building or house sewer permit to do such sewer work as provided in Section 76-7 and 76-8 of these regulations: · (a) Old building sewers may be used and connected to a public sewer, when serving new buildings, only when they are found on examination or test by the Town Engineer to meet all requirements of this section. The Town Engineer may require, where indicated, the uncovering of old sewers for inspection. (b) A separate and independent building sewer shall be provided for every building except that, when two (2) or more buildings are so situated that separate and (c) (d) (e) (f') (g) independent building sewers for each building would be impractical or impose unnecessary hardship, the FISD may authorize a single building sewer connection to the public sewer subject to such terms and conditions as to easement, design, and construction as the Town Engineer may require. No building shall be connected to a public sewer unless the plumbing system of said building has a soil vent pipe extended to a point above the roof. The FISD may require that no running trap, main house trap or other device which might prevent the free flow of air throughout the whole course of the building sewer, house drain and said soil vent pipe, will be allowed. The building sewer shall be cast iron soil pipe, vitrified clay sewer pipe; polyvinyl chloride pipe or other suitable material approved by the FISD. All pipe materials shall conform with the lates~ standard specifications of the ASTM as approved by the FISD. Any part of the building sewer that is located within ten (10') feet of a water service pipe shall be constructed of cast iron soil pipe. Wherever possible, water service and house sewer pipes shall be laid in separate trenches. Where laid in the same trench, the waser pipe shall be l~±d on a bench at least [~elve (12") inches above the top of the sewer pipe and at least twelve (12") inches, and preferably eighteen (la") inches from the side of the sewer trench. Cast iron pipe may be required where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the FISD. No building sewer shall .be located within twanty-five (25') feet of a cellar drain or ground water drain unless pipe is of cast iron. The size and slope of the building sewer shall be subject to the approval of the FISD, but in no event shall the diameter be less than six (6") inches. The s~ope of such six (6") inch pipe shall be not less than one quarter (1/4") inch per foot. In all buildings where the building drain is too low to permit gravity flow to the public sewer, sewage or other wastewaters carried by such drain shall be lifted by approved artificial means and discharged to the building sewer through a cast iron force main. All building drains, whether force mains or gravity lines, shall be of ca.st iron soil pipe from the inner face of the building wall to the point of connection with the building or house sewer, and all joints, including that with the building sewer, shall be made gas-tight, and water-tight by a method Engineer. approved by the Town Ail excavations required for the installation of building sewer shall be open trench work unless otherwise approved by the :Town Engineer. Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three (3') feet of any bearing wall which might thereby be weakened. The depth of the building sewer shall be sufficient to afford protection from frost and in general such depth shall not be less than three (3') feet below the finished ground surface at all points. All building sewers shall be laid at uniform qrade and in straight alignment in so far as possible. Building sewers shall be laid in the following manner: Gravel bedding material will be required below all pipe and all utility structures. Gravel bedding shall be placed to the full width of the trench and to a depth of six (6") inches below the bottom of the pipe MARCH 25 (h) 1986 369: invert. Gravel bedding shall be placed ~welve (12") inches beyound the widths of a utility structure founQation (base) and to a depth of six (6") inches from the bottom of the excavation to the bottom of the foundation (base). After a pipe is bedded the trench shall be filled to the centerline of the pipe with gravel bedding except at the joint. After the joint is inspected, that portion around the pipe shall be carefully and thoroughly tamped. From the centerline of the pipe to a point twelve (t2") inches above the top of the pipe, the backfill shall be sand, placed by hand and hand tamped. Above this point, backfill shall be suitable material from excavation or, bank-run gravel. This backfill shall be placed in layeLs eight (8") inches deep and each layer shall be compacted with mechanical tampers to not less than ninety-five (95%) percent of maximum dry density. Building. sewers Shall be located at a sufficient distance from other parallel pipes to permit alterations or repairs to any such pipes or the sewer pipe without disturbing the other; they shall be well cleaned inside after laying; and they shall conform to all reasonable requirements for good construction. The open ends of building sewers, building drains an~ building connection laterals shall be kept closed or protected during construction and during periods when work is suspended in order to exclude from the public sewer all water or debris which might obstruct, damage or otherwise be detrimental to the public sewer or sewage works. Abandoned buildin~ sewers or'drains shall be likewise promptly closed and sealed off from any public sewer at the expense of the owner of the property. Ail joints and connections for or between building sewers, building drains, and building connection laterals shall be made gas-tight and water tight to wit: Cast iron, vItrified clay sewer pipe, polyvinyl chloride pipe or other suitable maserial approved by the FISD shall be gasketed, and equipped with tyton or mechanical joints. The pipe and joints shall conform to all applicable ASA and ASTM specifications. No paint, varnish or other coatings shall be permitted on any joint until after the joint has been tested and approved. e The District shall require the use of low pressure air testing of gravity sewers to insure the joints are gas tight and water tight. The sewer line under test shall be plugged at both ends. The air hose shall be connected to a tapped plug to be used for air inlet to the line. The hose will be connected to portable air control equipment which must include a shut off valve, pressure regulating valve, pressure reduction valve, and a monitorinq pressure gauge with range from zero (0) to five (5) psi. Air shall be introduced from the air source through the control equipment to the pipeline. Air shall be slowly supplied to the test section, until a cons5an5 pressure of 3.5 psig is maintained. The air pressure.shall be regulated to prevent the pressure inside the pipe from exceeding 5.0 psig. When constant pressure of 3.5 psig is re~ched, the air supply shall be throttled to maintain uhe internal pressure above 3.0 psig and shut off or disconnected from the air supply.- The gauge shall be observed until the air pressure reaches 3.0 psig. At 3.0 psig, the pressure drop shall be timed with a stop watch until the pressure drops to-2.5 psig. The time required for this 0.5 psig pressure drop shall be recorded and compared to the following tabulation. 3.70 MARCH 25, 1986 If the time for the 0.5 psig drop is less than that shown, the section will be considered to have failed, and source of leakage must be located,, repaired and the section retested. Time Reauirements for Air Testina Pipe Size (inches) Time Minutes Seconds 8" or less 10" 12" 1 4" 5 06 6 22 7 39 9 35 Where ground water level is above the invert of the sewer line, the air test pressure mus~ be increased 0.43 psi for each foot the ground water level is above the inver5 of the pipe, and the resulting pressure computed will be used for the starting pressure. The allowable drop (0.5 psig) and the time requirements wzil not change. 3o Ail joints in vitrified clay pipe, chloride pipe, or other approved pipe, or between such pipes shall be made with ruboer, or similar, gaskets. Hot poured jointing maserials or cement mortar shall not be approved. Pipe and joints shall conform to all applicable ASTM specifications. 40 Any jointing materials, other than those described in 1, 2, and 3, may be used only upon appoval by the Town Engineer. (i) 5. The connection of the building sewer !nto the public sewer shall be made at the "Y" branch, if such branch is available at a suitable location. If the public sewer is twelve (12") inches in diameter or less, and no properly located ,,v- branch is availabls, the owner(s) shall at his expense install a "Y" branch in the public sewer at the location specified by the Town Engineer. Where the public sewer is greater than twelve (12") inches in diameter, and no properly located "Y" branch is available, a neat hole may be cue into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about forty-five (45) degrees. A forty-five (45) degree "ell" may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. Where street sewers are of asbestos-cement sewer pipe, the connection may be made with a cas5 iron saddle, in the event that no fitting is available on the street sewer. The invert of the building sewer at the point of connection to twelve (12") inch diameter sewers or larger shall be connected to either match the center lines of such stree5 sewers or be higher. A smooth neat joint shall be made, and the connection made secure and water-tight by encasement in concrete. Special fittings may be used on the connection ontv when approved by the District. When the building sewer trench has been excavated, and the building sewer repaired, altered or constructed, and is ready for inspection and connection to the public sewer, the Town Engineer shall be notified during regular working hours not less than eight (8) hours in advance of the time when the connection to the public sewer is planned. The connection of the buildinq sewer to the public sewer shall be made under the supervision of the FISD and a record of all said MARCH 25, 1986 (j) (k) 371 connections~ shal~ he.kept b~r the District. If ~ny De~n C~%~ii~<"~f~S~al~l~~, alters, or repairs any building sewer or drain connecting with a public sewer in the District in violation of any section of these regulations or fails to give adequate notice to the Town Engineer for an inspection of the work, said Town Engineer may order all or any portion of said work to be uncovered for inspection and approval. Ail excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. If any person, after proper order or direction from the District fails to remedy any violation of this Section or of any other section of these regulations, the Town Engineer may disconnect the building sewer of the property where the violation exists from the public sewer and may collect the cost of making such disconnection from any person or persons responsible for, or willfully concerned in, or who profited by such violation of the requirements of these regulations. Section 76-10 Powers and Authority of Inspectors (a) The Superintendent and any duly authorized employees of the District, the EPA, and/or the DEC bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Superint'enden~ or his representative shall have no authori%y to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point that has a direct bearine on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (b) While performing the necessary work on private properties referred to in Section 76-10(a) above, the Superintendent or duly authorized employees of the District shall observe all safety rules applicable to the premises established by the owner(s) and the owner(s) shall be held harmless for injury or death to the District employees and against liability claims and demands for personal injury or property damage asserted against the owner(s) and growing out of the qauging and sampling operation, excep5 as such may be caused by negligence or failure of the owner(s) to maintain safe conditions as required in Section 76-4(i). (c) Section 76-11 Ail duly authorized employees and/or representatives of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easemenE, shall be done in full accordance with the terms of the duly negotiated easemen~ pertaining to the private property involved. Penalties (a) (b) Any person found to be violating any provision'of this chapter except Section 76-6 shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such noEice, permanently cease all violations. Any person who shall violate any provision of this chapter shall be fined not more than one hundred 372 MARCH 25, 1986 (c) Section 76-1 ($100.00) dollars or Imprisoned not more than thirty (30) days or both.. Each day that any violation of these regulations continues and each day that any person continues 'to discharge prohibited wasEes or substances into any public sewer shall be deemed to be a separate offense for the purpose of applying the penalty provided in this section. Any person who fails to cease and desist violation of the ordinance upon notification thereof, may after the period of time stated in the notice for correction thereof be disconnected from the public sewer system. Notice of disconnection shall be served by the~-- District ten (10) days prior to the actual' i disconnection. 2 Miscellaneous Provisions (a) The District may require as a condition to the connection and or continued use of the District's sewer facilities, that flow metering, pH monitorinq and suitable effluent sampling stations be provided at owner[s) expense by indussry connected to the District sewer system as required by prudent engineering standards. Section 76-13 Validity If any section, clause, sentence or provision of this chapter shall be adjudged invalid or unenforceable, such adjudications shall not affect the validity of any other provision hereof, but all other provisions shall be deemed valid and effective and shall remain in full force and effect. 31.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This 'resolution was declared duly ADOPTED. SUPERVISOR MURPHY: Number 32 is Lo exercise the option on the Latham/Latham ~ property in Orient. ,~ .... 32. Moved by Councilman Penny, seconded by Councilwoman Cochra, WHEREAS, the Town Board entered into an option agreement with G. Ritchie Latham and James P. Latham for the purchase of development rights in agricultural lands, and WHEREAS, the Town Board held a hearing with respect to said option on the 25th day of March, 1986,pursuant to the provisions of the Southold Town Code, and WHEREAS, the Town Board deems it in the public interest that the Town of Southold- acquire the development rights in the agricultural lands set forth in said option agree- ment with G. Ritchie Latham and James P. Latham, now, therefore, be it RESOLVED that the Town Board hereby elects to exercise the option to purchase the agricultural rights in the aforesaid'aqricultura] lands owned by G. Ritchie Latham and James P. Latham, and BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to G. Ritchie Latham and James P. Latham,an¢ BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized and directed to execute any and all required documents for the acceptance of said develop- ment rights. 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: That's the end of them. Any Councilman have anything further to say? George? COUNCILMAN PENNY: No, I'm just looking forward to a very healthy end to our discussions. I believe we're going to have a Work Session following this meeting? SUPERVISOR MURPHY: Yes. COUNCILMAN PENNY: And finish up our proposal on affordable housing so that we can present it to Town Attorney Tasker and he can present some draft legislation or enabling legislation for us to end everything that's been going on for the last year and get this on the books of the Town. So, like I said before, stay tuned. I hope to wrap this up on a good upswing. That's all. SUPERVISOR MURPHY: Jay? COUNCILMAN SCHONDEBARE: I'd like to thank the public for coming out to this afternoon meeting. It's very impressive to see the large number of people who are here from the public, excluding the press. MARCY 25, 1986 SUPERVISOR MURPHY: ~-Paul? ~ CNo[l~ng:)-~' ~Jean. 373 COUNCILWOMAN COCHRAN: Jay's thanking you because this is your last afternoon mee[ing. From now on you'll be attending nights, which I do not fully agree with. I think it's a poor policy. I think that dates are set alternating 3:00 and 7:30 to give people the option and the opportunity. And ~ know, Jay, you're going to say, but we don't have people attend either session, but still you are affording people the opportunity of choice. Thank you. SUPERVISOR MURPHY: I agree with you, Jean. Raymond? (Nothing, thank you.) Is there anyone else in'the audience would like to: address the Town Board at this time? (No response.) If not, thank you 'for coming today and I look for a resolution to adjourn. Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 3:55 P.M. Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-' man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. This resolution was declared duly ADOPTED. WORK SESSION 4:00 P.M. - The Board met to continue reviewing the proposed model agreement for moderate income housing. Southold Town Clerk