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HomeMy WebLinkAboutTB-01/22/1980SOUTHOLD TOWN BOARD January 22, 1980 WORK SESSION Present: Supervisor Pell, Councilman Drum, Nickles, Murdock, Sullivan, Justice Doyen, Town Clerk Terry, Town Attorney Tasker, Highway Superintendent Dean, Deputy Supervisor Marie Bauer Johnson. Supervisor Pell reported on his January 13th meeting on Fishers Island with the Fishers Island Ferry District Commissioners re: new dock and airport runways; and with the Fishers Island Civic Association re: mosquito control, Fishers Island Constables, removal of materials from landfill, road surfaces, federal fund- ing for Fishers Island, highway personnel, road repairs, railing on Fruit Market, sidewalks, w~ecked truck on town property. Councilman Nickles and drum discussed their Parks and Beaches Committee meeting, in particular the disposition of the Town Beach Concession building. This matter will be held in abeyance until it is determined whether the lessee will exercise his option to lease the building again this summer. Denis Hurley, Esq., representing Riverhead and Southampton in the matter of the proposed Peconic/Flanders Estuarine Sanctuary, appeared before the Board to bring them up to date on the progress of the proposed sanctuary. Mr. Hurely stated that from information he has obtained from existing estuarine sanctuaries the towns musu be very careful before making a decision pro or con. He will send the Town of southold what literature he has obtained on this subject. The Board instructed Mr. Hurley to come back with a proposal for the use of his services in conjunction with the other two towns. Mr. Hurely said he would have a proposal for the February 5th meeting. William Esseks, Esq. representing Southold Development Corporation, advised the Board he has filed a sketch plan with the Planning Board for the development of 28 lots on Robins Island, an area being considered for inclusion in the estuarine sanctuary. He is of the opinion the acquisition of Robins Island was comtemplated because there was a rumor that the entire island would be developed, however, with only 28 lots more than half of the island would remain un- developed with more than 228 acres of open space. Mr. Richie Miller, representing the Fisherman's Association, said the association does not have satisfactory answers relative to the sanctuary at this time and they do not support it. They have been told it would not eliminate the existing fishing industry and the waterfront would not be affected as it now exists. However, that does not speak about future fishing industry or waterfront development. Mr. Frank Bear said he senses a campaign to defeat the proposal. He urged the Board and community to keep an open mind, particularly until the study has been completed and answers are available. Mr. James Homan stated he thinks the entire objective of the estuarine sanctuary is to get Robins Island. He is very concerned about the fishing industry. He is certain this project can be stopped in Washington if enough pressure is exerted. Councilman Nickles said that in a conversation with Dr. Lee Koppetman after the information meeting in Southold Dr. Koppelman as much as said there would be no justification for the sanctuary if Robins Island is removed from the picture. Deputy Supervisor Marie Bauer Johnson stated she felt they should go ahead with the study andilearn something about pollution. 46] JANUARY 22, 1980 Supervisor Pell said he has been requested to submit a name for a member of the Steering Committee on the study of the Peconic/ Flanders Estuarine Sanctuary. He indicated he felt there should be at least two voting members from Southold Town on the Steering Committee. The Board directed Supervisor Pell to request two people and two votes. Chief Carl Cataldo addressed the Board and explained his proposal for renting paging devices for the Police Department. Highway Superintendent Dean said he could see the need for one himself, as well as one for his Deputy.---Chief Cataldo also explained in detail the application for. a federal grant for additional communications gear. This computer would tie in state and country wide for obtaining valuable police data. The only cost to the Town would be $288.00 monthly for three peices~of equipment. Supervisor Pell stated that Chief Cataldo said he had interviewed the first three Bay Constable candidates on the civil service list. They all indicated interest in the position. They recommend to the Police Committee the appointment of Thomas Czelatka who was number . one on the list. Supervisor Pell reported that Councilman Sullivan, Murdock and he met with the fire commissioners relative to their complaints of lack of communication between fire departments and police department. Supervisor Pell said he asked for two weeks to formulate a satisfactory resolution to the problem. Chief Cataldo met for two hours on January 21st with the commissioners. Dan Dzenkowski representing East Marion, Orient, and Greenport and Bennett Orlowski representing Southold, Cutchogue and Mattituck have been designated to follow-up. The committee plans to meet with each fire department chief and rescue squad chief. Mr. John Case, asked about the progress on the proposed mall at Griffing Street, Cutchogue, it seems to have come to a standstill. Supervisor Pell said he will dig out all of the background material and put it on the agenda for the February 5th meeting. Mr. Joseph Cherepowicz from the Greenport Village Department of Public Works addressed the Board concerning the Village's efforts to secure additional funds for the continuation of the Natural Land Experimental Sewage Treatment Installation. The Board advised they would write a letter to the county executive recommending the allocation of funds for the continuation of this project. Mr. & Mrs. Harold Wilkins of North Bayview Road, Southold requested that the Town evaluate what he considers a dangerous intersection at North Bayview Road and Pine N~ck Road. There presently is a yield sign at that intersection and he requests three-way stop signs.---Supervisor Pell said he will ask Chief CataldO to conduct a safety study of the intersection. A regular meeting of the Southold Town Board was held on Tuesday, January 22, 1980 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 3:00 P~M. with the following present: Supervisor William Ri Pell III Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman George R. Sullivan Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Absent: Justice Francis T. Doyen On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the minutes of the January 8, 1980 meeting of the Southold Town Board be and hereby are approved as submitted. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Sullivan, it was RESOLVED that the next regular meeting of the Southold Town Board will be he~d at 7:30 P.M., Tuesday, February 5, 1980 at the Southold Town Hall, M~in Road, Southold, New York. Vote o~ the Town Board: Ayes: Councilman Sullivan, Councilman Murodck, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman NIckles, seconded by Councilman Murdock, it was RESOLVED that the_following audited bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $21,618.31; General Fund Part Town bills in the amount of $9,898.36; Highway Department bills in the amount of $8,910.29; and Fishers Island Ferry District bills in the amount of $28,968.13. Vote of the Town Board: Ayes: Councilman Sullivan , Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Petl. This resolution was declared duly adopted. REPORTS 1. Report on all leases, agreements and contracts in effect for the Town of Southold. 2. Report from the' Zoning Board of Appeals concerning different cases presently before them. 3. Report £~om the Planning Board on matters pending before them. 4. (a) and (b) minutes of the Town Trustees do not belong on the agenda. 5. Report from Holzmacher, McLendon and Murrell, P.C. on the progress on the various contracts they are involved with for the Town. A meeting has been scheduled with H2M and the Town Board on January 29th at 9:00 A.M. Thye will go over each contract in detail at that time. 6. Annual 1979 report of Justice James H. Rich, Jr. 7. Dog Wardens report for the month of December 1979. 8. Report of a meeting at Sag Harbor attended by ~upervisor Pell with the five East End supervisors. The topics covered were: Police List - if the town can apply for a town-wide police list or do they have to be selected from the County list. This will be looked into by Southampton Town Supervisor Martin Lang. Peconic County - was discussed in great length. The Board has instructed Supervisor Pell to write to Irving Miller, who did the financial report, and ask him a few more detailed questions, prior to paying the Town's obligation of $3,000.00 for Southold's share of the report. Jamesport Nuclear Plant. - the Board has instructed, under resolutions, to take action on that. Gregory Blass - County Legislator was at the meeting and discussed what he thinks is of prime importance to the east end. The nuclear plant, farmland, agriculture district. Gasoline - this will be a crisis this spring. The Town is going to join in with the five East End towns to make an appeal to Wash- ington, D.C. on behalf of the consumers and apply for additional allocations of gas. There will be a resolution later in the meeting. Supervisor Pell made a trip on January 13th to Fishers Island to meet with the Fishers Island Civic Associaton. The items touched upon were: Fishers Island ferry District Commissioners: Dock Loading Ramp for Fishers Island Ferry Boat. Fishers Island Airport - the problems they are having, the things they would like to see done in the years to come. Fishers Island Civic Association: some of thefr complaints can be taken care of and some cannot. Basically they are talking about their highways, constables, landfill, mosquito control~ wrecked truck along the road. It has been agreed that the Chief~of Police, Highway Superintendent Dean and Supervisor Pell will go back to Fishers Island and sit down and talk to the employees of the Town on Fishers Island. There are two fulltime highwa~ men there and two parttime constables on a year round basis. 10. Councilman Murdock reported the following on the Youth Committee: The Youth Committee met at the Town Hall last Wednesday night. The chief purpose was to proceed with an incorporation as a JANUARY 22, 1980 -463 not-for-profit corporation. Thsi must be done in order to accept the $10,000.00 grant. Councilman Murdock had to leave the meeting early because of another Town meeting with the fire commissioners. It is believed all the leg work is done for the letters and papers of incorporation. The Town will have to enter into a contractual agreement with the corporation to run a youth program. 11. Councilman Nickles reported the following on the Parks and Beaches Committee: On January 15th Councilman Drum and-Council- man Nickles met and discussed the concession building at Town Beach. They cannot make any recommendations concerning this building until further inspections are made.---The Town Clerk has the vehicle stickers in his possession and is ready to issue them. These permits involve parking at beaches and access to the disposal area.---There were a few problems last year relative to maintaining the bathrooms at the beaches and the committee recommends to the Board that the beach attendants have the responsibility of cleaning them twice a'day.--- They set the opening of the town beaches as follows: McCabe's Beach, Kenney's Beach, Goose Creek and New Suffolk - June 28th~ Southold Town Beach and Gull Pond - June 21st. The committee recommends to the Town Board that McCabe's beach have swimming ropes installed. 12. Councilman Drum reported the following on the Inland Waterways Committee: Councilman Nickles, Murdock, and Drum met on January 15thl The committee has the responsibility of insuring that the town inlets are dredged by the County or the Department of Army Engineers when needed. In November the town had asked the Department of Public Works, Suffolk County, to meet With them in January to discuss the dredging priorities. A letter was received on January 10th from the Division of Waterways asking that the town establish a priority list of dredging projects in Southold Town. This primarily is limited to the Peconic Bay area and the various mouths of the inlets. The January 15th meeting was recessed and on January 23rd at 9:00 A.M. the Inland Waterways Committee is go~'ng to go out and look at the various waterways and inlets and try to formulate a priority list and submit it to the County. 13. Receipt of the 1979 Annual Financial Report of the Supervisor. 14. Mr. Harold Wilkins, who came before the Town Board today, had spoken previously to Supervisor Pell concerning the need for a stop sign, rather than yield sign, a~ the intersection of Pine Neck Road and North Bayview Road. This matter has been referred to the police for a safety study. 15. Deputy Supervisor Marie Bauer Johnson reported on a meeting held relative to the Greenport Presbyterian Church on January 13th. The church has been shut down as a church; it is owned by the Presbyterian Presbytery and they are interested in selling it. The two groups interested in buying it are- the Baptist Conference and the Village of Greenport. If the Baptist Conference bought it they would be interested in using it as a community center. They would not hold any church functions as such there. They already have a church in East Marion and Reverend Slater who is the minister in the East Marion church would be the administrator for the social center the church would be turned into. If the Village of Greenport bought it they had one major use in mind, to have the nutrition program that is now at the St. Agnes Church community building. There are a few problems involved in this, mainly the kitchen badly needs redoing and there are no funds for doing that. The sanctuary of the church as it is now would be used by the Village for meetings and as a justice court. The building is in very good condition excpet that it is not insulated and the heating bills were enormous for just the use as a church last year. There had been no dollar figures set on the sale cost of the building. This is being looked into and the whole thing is kind of up in-the air, but there is a lot of interest in it. 16. Receipt of the 1979 Annual Report of the Suffolk County Council on Environemntal Quality. It will be on file with the Town Clerk. 17. Annual 1979 Report of the Fishers Island Fire District. 18. 1979 Annual Report of the Southolf Town Board of Town Trustees. On motion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that the 1979 Annual Report o'f Justice Rich, Supervisor, Fishers Island Fire District and Board of Town Trustees, and the December 1979 report of the Dog Wardens be and hereby are received and ordered placed on file. 464 JAnuARY 22, 1980 Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. PUBLIC NOTICES 1. Notice from the Department of the Army, Corps of Engineers upon application of Arthur and Mildred David for permission to construct a catwalk for private recreational use at Eugene Creek, Stillwater Avenue, Cutchogue, New York. Comments by February 4th. 2. Notice from the Department of the Army, Corps of Engineers upon application of George W. Bornschein for permission to construct a ca~walk, ramp and attached floating pier for the purpose of mooring private recreational craft at East Creek, Oak Street, Cutchogue, New York. Comments by January 3Gth. 3. Notice of completion of draft environmental impact state- ment from the New York State Department of Environmental Conservation upon application of Henry Elfers, Robert Scalia, Arthur Bertsch, Gilbert Hallanback who propose to construct five 60 ft. timber gro~ns extending from existing bulkheads into Peconic Bay at Paradise Point~Road, Southold. 4. Notice of complete application for a non-m~nor project from the New York State Department of Environmental Conservation upon application of Henry Elfers, Robert Scalia, Arthur Bertsch and Gilbert Hallanback who propose to construct five 60 ft. timber groins extending from existing bulkheads into Peconic Bay on the east side of Paradise Point Road, Southold. Comments by February 14th. 5. Notice of complete application for a non-minor project from the New York State Department of Environmental Conservation upon application of the New York State Department of Transportation requesting permission to undertake repairs to Dam Pond Causeway consisting of resurfacing roadway, replacing stone rip-rap and securing in place in revetment facing bay, constructin~ new concrete side barrier to cap old structure, install road drains with outfalsl into bay at East Marion, New York. Comments by February 6th. 6. Notice from Speaker Stanley Fink of the New York State Assembly that there will be a hearing at Mineola, New York on Thursday, February 21, 1980 from 2 PM to 10 PM on Property Tax C~ssification. 7. Notice of complete application for non-minor project from the New York State Department of Environmental Conservation upon application of Emanuel Kontokosta, P.E. for permission to construct 28 unit apartments and 21 unit motel c~mplex with accessory use coffee shop on 9.2 acres of land located adjacent to Gardiners Bay west of Shipyard Lane at Cleaves Point, East Marion.. Comments ~y february 6th. 8. Notice from the Department of the Army, Corps of Engineers that they propose to dispose of dredged material in waters of the United States in connection with the required Federal maintenance dredging project for the Bronx River, New York. 9. Suffolk County Public Notice relative to the fee schedule for photocopies. 10. Call from Assmeblyman Behan's office to advise that a New York State Travel Guide is beinq published and they asked the Town for any prominent summer events to be included in this publication. Those interested may call 668-5656 before January 25th. The three chambers of commerce will be contacted tomorrow. COMMUNICATIONS 1. Notice of double billing from Holzmacher, McLendon and Murrell, P.C. and refund of overpayment. Supervisor Pell has asked the auditors to advise if there is a better system that could be implemented. 2. Letter from Group for America's South Fork, Inc. advising of an informational meeting with freshwater wetland specialists of the New York State Department of Environmental Conservation on JaRuary 23, 1980 at the Quogue Wildlife Sanctuary at 8 PM Deputy Supervisor ~son plans to attend as well as others in Town. 3. Letter from the Cutchogue Fire District advising of a flooding problem on Bridge Lane, Cutchogue. Highway Superintendent Dean is working on this project. 4. Letter from Evelyn S. Gordon relative to the appointment of the last councilman. 5. Communications concerning the annual senior citizen club trip to Fishers Island. In a letter from Supervisor Martocchia dated May 7, 1979 he stated "With sincere regret I must say t cannot change my d~cision; however, the Seniors Club of Southold- 465 JANUARY 22, 1980 Peconic Inc. will be given first~i~!~i6h~.i~d~eration for the 1980 Fishers Island Boat Trip." Under resolutions they will be authorized to go to Fishers Island this year. 6. Receipt of a report from Long Island Cablevision Corporation concerning subscriber complaints. Reports will be forthcoming soon after January 25th. when their application for approval of the amend- ment is approved by the New York State Commission on Cable Television. 7. Request a street light on LILCO ~pole no. 55 ow Cox's Lane, north of Route 25, Cutchogue by James D. Roache. This request is being turned over to the Street Light Committee. 8. Request from the CSEA to reopen the contract ~hich ends in 1980. This has been referred to the proper committee for study. 9. Letter from Zina Chugin relative to a six foo~ fence that was erected by her neighbor in Cutchogue. Supervisor !~ell checked into the complaint and the matter is in the hands of J~lstice Rich. 10. Letter from William McGonegal requesting perm~%ssion to use the senior citizen van to take a group of basketball players to The smithtown Recreation League program is June, July .~nd August. Supervisor Pell will contact the County to determine w]lat limitations are placed upon the use of the senior citizen and RSVP vans. 11. Letter from Barbara Albertson requesting a col~tribution towardS her incurred expenses last fall on the Marine ~ducation program in Greenport. Mrs. Albertson made a mimilar request last December and the Board felt it ~id not want to commit~ Town funds to bail the operation out of the hole. The-new Board [eels the same way, if funds had been requested priOr to the program it might have b~enl considered. 121 The Village of Greenport would like the Town to recommend allocation of funds by the County of Suffolk for the cgntinuation of the Natural Land Experimental Sewage Treatment Inst~llation by the village. The amount requested is $20,000. and a 19tter of recommendation to County Executive Cohalan with a copy/to Lee E. Koppelman would be most helpful. The Town Board has agreed to send such a letterl 13~ Receipt of the revised "Information Bulletin No. 8 - Rules and, Regulations for the Referral of Certain Municipal Zoning Actions, Variances, Special Permits and Subdivision Pltts to the Suffolk County Planning Commission Pursuant to Article XIII, Suffolk County Charter." The bulletin is on file with the Tow! Clerk and Planning Board. 14. Letter from Pan Tech Management Corp relative to a request to them b~ the New York State Bureau of Resource Devel,)pment to submit a proposal to conduct Wind Resource Monitoring and Analysis at selected Sewage Treatment Plants located in areas of New York STate with good wind energy potential. They would lik~ to include in their proposal to the State the site of the plannedLFishers Island Sewage Trmatment Plant. This letter will be sent to Fzshers Island for approval. 15. Letter from the Suffolk County Community College giving information about an East End Exposition on Sunday, May 4, 1980 between 12 Noon and 5 PM at the Eastern Campus, Riverhead. This letter has been forwarded to the chambers of commerce. ~ 16. Letter from the Oysterponds Union Free S~hoollDistrict relative to the $10,000. youth grant. They wish to kngw if it would'apply to the summer program. They will be advised it does not apply to anything like that. It is a special grant that will be used to provide programs in the Peconic Lane Building. 17. Letter from Peter J.J. Troyano requesting permission to have his cottage on the sound bluff in Peconic hooked up to the burgular alarm system at police headquarters. A resolution~ will be adopted later in the meeting concerning this hook-up. 18. Letter from the Village of Greenport informing the Town that the Village of Greenport Community Development Of[ice has been awarded a $50,000. Weatherization Grant by.the Ne~ York State Department of State. Under the program low incom_= families are eligible for grants of up to $800.00 to cover the cost of materials and labor supervision for weatheriziation treatment. The Department of State has asked the Village to operate this program not only in the Village but in Southold and Shelter Island To~ns a~ well. There will be a resolution later in the meeting giving them permission to do this. 19. Notification from the Suffolk county Department of Real Estate that the Development Rights of Area C-4, proper~y of John Wickham, Anne L. Wickham & Thomas H. Wickham, d/b/a/ Wzckham's Fruit 6'6 19 0 farm have been accepted into the Suffolk County Farmland Acquisition Developments Rights Program, Phase I. 20. Letter from the North Shore Baymen's Association stating the Department of Environmental Conservation is in the process of trying to enact a bill whereby clams can be removed from the bottom of New YOrk State waters by "ANY TYPE OF MECHANICAL MEANS."--This letter is being transmitted to the Southold Town Baymen~s Associa- tion for comments. 21. Receipt of Women Helping. Women Award Program Announcement by the Soroptimist International of the North Fork who Would like Southold Town to submit the name of a nominee for this award.--- This was..discussed at the working session this morning and Southold will have a nominee. 22. Letter from the New York State Department of Environmental Conservation asking whether Southold Town wishes to participate in the shellfish management program for clam transplant as in previous years. Southold Town is interested and will reply to that effect. 23. Letter from the Suffolk County Office For the Aging stating May is Older Americans Month and they are making plans for activi{ies for May. They would like to sponsor a one day information program for the senior residents of this town at which time they will have representatives from various resource agencies available. 24. Letter from the Suffolk County Office For the Aging relative to an Inter-Agency Council meeting to be held on January 29th at 2PM at Hauppauge. The purpose of the meeting is to geometer programs that they are considering for senior citizens and how those programs would best work in our town.---That day other meetings have been scheduled for the Board members so either Supervisor Pell or Deputy Supervisor Johnson will attend. 25. Letter from the Suffolk County Office For the Aging concerning a program set up by the Department of Transportation to deal with surface transportation in non-urbanized areas such as Southold Town~ A Program package is being prepared and the Supervisor has applied for it. 26. Letter from McMann-Price Agency, Greenport adivising that the sprinkler system installed in the Town Hall does not meet the specificatmons f~ the Town to apply for reduced fire mnsurance rate. Supervisor Pell will examine, within the next few days, the cost of bringmng the system up to date so it will meet specifications~ The problem apparently starts right from the water main line at the road. 27. Letter from Town Attorney Tasker relative to a contract that has been awarded to build a sump area on Boisseau Avenue,s Southold. There has been some difficulty in the proposed agreement with the contractor and the firm will be contacted within the next few days to ask them to either sign the contract or re]ect the proposal. 28. Letter from the United States Department of Interior stating that Long Beach, Orient has been identified as a potential national natural landmark by the Heritage Conservation and Recreation Service. The Board is concerned about this and will determine from the Department of Interior whether this will in any affect the heritage of the traditional trap fisheries that have been conducted along that shore and whether any land from the high water mark sea~ ward is going to lose its present jurisdiction under State control, HEARINGS & DECISIONS Moved by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, Kurt A. Koehler, a/c Arthur and Mildred David applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 15, 1979, and WHEREAS, said application was referred to the Southold Town Trustees and the Southold Town Conservation Advisory Council for their find- ings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 8th day of January 1980, at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that Kurt A. Koehler, a/c Arthur and Mildred David be and hereby is granted permission under the provisions of the Wetland Ordinance of the Town of Southold to place a 36 ft. by 3 ft. wooden catwalk over a grass area at private property at Eugene Creek, Stillwater Avenue, Cutchogue, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell~ This resolution was declared duly adopted. JANUARY 22, 1980 46.7 RESOLUTIONS On motion of Councilman Drum, seconded by Councilman NIckles, it was RESOLVED that the Town Board of the Town of Southold wull hold a public hearing at the Southold Town Hall, Main Road, Southold, New York at 4:00 P.M., February 26, 1980, at which time all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law to EstabliSh Flood Plain Manage- ment Standards in Flood Hazard Areas fo the Town of Southold", which reads as follows: The code of the Town of southold is hereby amended by adding a new Chapter thereto, to be Chapter 46, to read as follows: Sec. 46-1. Title. This chapter shall be known and may be cited as the "Flood Damage Prevention Law of the Town of Southotd." Sec. 46-2. Legislative Authority. This chapter is adopted pursuant to legislative authority which has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its ci%izenry~ Sec. 46-3. Purpose. It is the prupose of this chapter to promote the public health, safety and general welfare &nd to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Protect human life and health. B. Minimize expenditure of public money for costly flood control Projects. C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. D.Minimize prolonged business interruptions. E. Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard. F. Help maintain a stable tax base by providing for the sound use and development of areas or special flood hazard so as to mini- mize future flood-blight areas. G. Ensure that potential buyers are notified that property is in an area of special flood hazard. H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Sec. 46-4. Methods of reducing flood losses. In order to accomplish its purposes, this~chapter provides methods and provisions for: A. Restricting or prohibiting uses which are dangerous to he'~lth, safety and property due to water or erosion hazards or which result in damaging increases in reoslon or in flood heights or velocities. B. Requiring that uses vulnerable to floods~, including facilities which serve such uses, be protected against flood damage at the time of initial construction. C. Controlling the alteration of natural floodplains, stream channels and natural protective- barriers, which help accomodate or channel floodwaters. D. Controlling filling, garding, dredging and other development which may increase flood damage. E. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. SEC. 46-5. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future; words used in the plural number include the singular number; and words Used in the singular number include the plural number. The work "Shall" is always mandatory and not directory. APPEAL - A request for a review of the Building Inspector's interpretation of any provision of this chapter, or a request for a variance from the provisions of this chapter. AREA OF SHALL FLOODING -A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AREA OF SPECIAL FLOOD HAZARD - Land in the floodplain subject to a one-percent or greater change of flooding in any given year. BREAKAWAY WALLS - Any types of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or other suitable building material which are not part of the structural support of the building and which are so designed as to breakaway under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to 46S JANuArY 22, which they might be carried by flood waters. BASE FLOOD - the flood having a one-percent change of being equalled or exceeded in any given year. COASTAL HIGH HAZARD AREA - The area subject to high velocity waters, including but not limited to, hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone VI-30. DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving and excavation or drilling operations located within the area of special flood hazard. FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land area fr6~ the overflor of inland or tidal waters; and/or the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) - The official map on which the Federal Insurance Administration has delineated the areas of special flood hazards and the risk p~emium zones applicable to the community. FLOOD INSURANCE STUDY - The official report in which the Federal Insruance Administration has provided flood~ profiles, as well as the FloOd Boundary-Floodway Map and the water surface elevation of the base flood. FLOODPLA~N OR FLOOD-PRONE AREA- Any land area susceptible to being inumdated by water from any source. FLOODP~OOF~NG - Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY - The channel of a watercourse and the adjacent land areas that must be reserved in o~der to dischare the base flood without cumulatively increasing the watem surface elevation more than one (1~ foot. HABITABLE FLOOR - Any floor usuable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof; A floor used only for storage purpo~e~ iS not a "habitable ftoor.~ MEAN SEA LEVEL The average height of the sea fo~ all stages of the tide. M'OBILE HOME - A structure that is transportable in one ~t) or more sections, built on a permanent chassis and desg±ned to be used with or without a permanent foundation when conneCted to the required utilities. It does not include recreational vehicles or travel trailers. NEW CONTRUCT~ON - Structures for which the start of construction commenced on or after the effective date of this chapter. SAADDUNES- Naturally occurring accumulations of sand in ~idges or mouths landward of the beach. START OF CONSTRUCTION - The first placement of permanent construction of a structure, other than a mobile home, on a site, such as the pouring of slabs or footings or any work beyond the state of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the p~operty of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure, other than a mobile home, without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure of any part there of on its pilings o~ foundation. For mobile homes not within a mobile home park or mobile home subdivision, "'start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivision, "start of construction" is the date on which the constzuction of facilities for servicing the site on which the mobile home is to be affixed (_including, at a minimum, the construction of streets, wither final site grading~ or the p~uring of concrete pads, and the installation of utilities) ~s completed. STRUCTURE - A walled and roofed building, a mobile home or a. gas or liquid storage tank that is princiPally aboveground. SUBSTANTIAL IMPROVEMENT : (1) Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds f±f%y percent [50%} of the market value of the structure either: (a) Before the improvement or repair is started. ~ If the s~ructure has been damaged and is being restored, before the damage occurred. (2) For the purposes of this definition, "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not ~.that alteration affects the external dimensions of the structure. ~3) The term does no~, however, include either: (a) Any project for improvement of a strucsure to comply with existing state or local health, sanitary or safety code specifications, which are solely necessary to,assure safe living conditions. JANUARY 22, 1980 (b) Any alteration of a structure listed in the National Register or Historic Places of the State Inventory of Historic Places. VARIANCE- A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. SEC. 46-6. Applicability. This chapter shall apply to all a~eas of special flood hazards within the jurisdiction of the Town of Southold, excluding those areas within the corporate limits of the Village of Greenport. Sec. 46-7. Basis for establishing areas of special floOd hazard. The areas of ~pecial flood ~zard ident£fied by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Southold" dated September 18, 1979 with accompanying Flood Insruance Rate Maps and Flood Boundary-Floodway Maps, and any revision thereto, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file with the Town Clerk of the Town of Southold. Sec. 46-8. Compliance. No structure of land shall hereafter be constructed, located, extended, converted or altered without full c~mpliance with the terms of this chapter and other applicable regulations. Sec. 46-9. Conflicts. This chapter is not intended to repeal, abrogate or impair any existing easements, convenants or deed restrict- ions conflict or overlap, whichever imposes the more stringent reStrictions shall prevail. Sec. 46-10. ~nterpretation. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements. B. Liberally construed in favor of the governing body. C. Deemed neither to limit nor repeal any other powers granted under state statutes. Sec. 46-11. Warning and Disclaimer of liability. The degree of Flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Large floods can and will occur on rare occasions. FlOod heights may be increased by man~made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liab±lity on the part of the Town of Southold, any officer or employee thereof of the Federal Insruance Administration for any flood dama es that result from reliance n this chapter or any administrative decision lawfully made thereunder. sec. 46-12. Development p~m'~t' ~equ~; ~p~t~'~tion. A development permit shall be obtained~befo~e Construction or development begins within~ i~- any. area. ~ of ~peclal flood ha'zard established in Sec. 46-7. Application for a development permit shall be: made of forms furnished by the Building Inspector and may include, but not be limited to, plans in:duplicate drawn to scale showing the nature, location, dimensions and ~levations of the area in question, existing or proposed structures, fill, storage of materials and drainage facilities and the location of the foregoing. Spec±fi~ally~ the 'following information if required: A. Elevation,. in relation to mean sea level, of the lowest floor, including b~sement, of all structure, s. B. Elevation, in relation to mean sea level, to which any structure has been or is intended to be floodproofed. C. Certification by a registered professional engineer or architect that the floodproofing methods for any qualified structure meet the floodproofing criteria in sec. 46-I8B. D, Description of the e~tent to which any watercourse will be 'altered or relovated as a result of proposed development. Sec.~:46 -13. ~dmin'ist'ra't'i'o'n'an'd''en'f~'rce~ent. The buildinq Inspector of th~ Town of-~tho~d is "hereby appointed--to administer-and enforce the provisions of this chapter. Sec. 46-14. DUti'e'S a'n'd''r'e'spon's±b'±'l'i'ti'eS'o'f B'u'ild'ing InspeCtor. · he duties Of the Building Inspector shall include, but not be limited to: A~ Review all development permits to determine that the permit requirements of this chapter have been satisfied. B. Review all develoPment permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. C. Review all development permits to determine if the proposed development is located in the coastal high hazard area to determine whether or not the proposed devel'opment alters sand dunes so as to increase potential flood damage. D. Review plans fo~ w~lls to be used to enclose space below the base flood level in accordance with Sec. 46-19 B(4). E. Obtain and record the actual elevations, in relation to mean sea level, of the lowest habit,able floor, including basement, of all new or substantially JANUARY 22, 1980 improved structures, and whether or not the structure contains a basement. F. For all new or substantially improved floodProofed structures: (.1) Verify and record the actual elevation, in relation to mean sea level. (2) Maintain the floodproofing certifications required in Sec. 46-12C. G. In coastal high hazard areas, obtain certification from a registered professional engineer or architect that the provisions of Sec. 46-19B (3) are%~ complied with. H. Maintain for public inspection all records pertaining to the provisions of this chapter. I. Notify adjacent communities and the stat coordinating agency, prior to~any altera- tion ro relocation of a watercoursew and submit evidence of such notification to the Federal Insurance Administration. J. Require that maintenance is provided with the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. K. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (.for example, where there appears to be a conflict, between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given thrity (30) days to appeal the interpretations. Sec. 46-15. Zoning Board of Appeals - variance. A. The Zoning Board of Appeals, as established by the Town of southold, shall hear and decide applications for variances from the requirements of this chapter. B. In passing upon such applications, the Zoning Board of Appeals shall consider all technical evualations, all relevant factors, standards specified in other sections of this chapter.and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion day,age. (3~ The susceptibility of the proposed facility and its contents to flood damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of waterfront location, where ~pplicable. (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (7} The compatibility of the proposed use with existing and anticipat- ed development. ~8} The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area. (9~ The safety of access to the Property in times of flood for ordinary and emergency vehicles. (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (~11~ The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems and streets and bridges. C, Upon consideration of the above factors and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. D. The Building Inspector skall maintain the records of all appeal actions, including technical information, and report any variances to the Federal I'nsurance Administration upon request. S~c. 46~I6. Con'd'i~t'±ons f'o'rVa'r'i~anCe~s. A. Generally, variances may be ~ssued for new' c~nstructio~ and substantial ~mprovements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that Subsection B (1) through (11) of Sec. 46-15 has been fully considered. As the lot size increases beyond the one-half ~½) acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the ~ remainder of this seCtion. C. Variances shall not be issued within any dseignated floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon ap determination that the variance is the minimum necessary, considering the flood hazard, ~to afford relief. E. Variances shall only be issued upon: (1) A showing of good and sufficient cause. (2) A determination that failure to grant.the variance would result in exceptional hardship to the applicant. (3) A determination that the granting of a variance will not result in increased flood heights additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or .uictimization of the public as identified in Sec. 46-15B or conflict with existing local laws, ordinances or rules and regulations. F. Any applicant to whom a variance is granted shall be given written notice that the structure 4V 1. JANUARY 22, 1980 will be permitted to be built iwith~he :l~west floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.' Sec. 46-17. General Standards In all areas of special flood hazards the following standards are required: A. Anchoring (1) All new construction and substantial improvements shall be anchored to prevent fl~tation~ collapse or lateral movement of the structure. (2) All mobile homes shall be anchored to resist floatation, collapse or lateral movement by providing over-the-top and frame ties to ground anchores. Special requirements shall be that: (a) Over-the-top ties be provided at each of the four (4) corners of the mobile home, with two (2) additional tiers per side at intermediate locations,, with mobile homes less than fifty (5) feet long requiring one (1) additional tie per side. (b) Frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points, with mobile homes less than fifty (50) feet long requiring four (4) additional ties per side. (c) All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and (d) Any additions to the mobile home shall be simitarly~Tanchored. B. Construction materials and methods. (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. Utilitiesl (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into flood waters. (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision proposals. (1) All subdivision proposals shall be consistent with the need to mlnzmize flood damage. (2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (4) Base Flood elevation data shall be provided for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five acres, whichever is less. Sect. 46-18. Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Sec. 46-7, the following standards are required: A. Resdiential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. Notwithstanding the foregoing provisions of this Subsection A, in the event that the Code of the Federal Regulations is amended to permit new construction and substantial improvements of residential structures to be elevated above the base flood level or floodproofed pursuant to the provisions of Sec. 46-18B of this chapter then upon the effective date of the amendment of said federal regulations, the provisions of Sec. 46-18B shall apply to both residential and non-residential structures. B. Nonresidential construction. New construction and substantial improvement of any commerical~, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility a nd sanitary facilities, shall: (i1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage-of water. (2) Have structural components capable of resisting hYdostatic and hydodynamic loads and effects of buoyancy. (3) Be certified by a registered engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Sec. 46-14E. C. Mobile Homes (.1) Mobile homes shall be anchored in accordance with Sec. 46-17A [22. [2) For new mobile ho'me parks and mobile home subdivisions; for expansions to existing mobile home.parks and mobile home subdivisions; for existing mobile home parks and mobile home subvisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, it shall be required that: (a) Stands or lots are elevated on complacted fill or on pilings so that the lowest floor of the mobile home will he at or above base flood level; (b) Adequate surface drainage and access for a hauler are provided; and (c) In the znstance of elevation on pilings, that: 472 JANUARY 22, 1980 lots are large enough to permit steps; that piling foundations are placed in stable soil no more than ren feet apart, and that reinforce- ment is provided for pilings more than six feet above the ground level. (3) No mobile home shall be placed in a coastal high hazard area, except in an existing mobile home park or an existing mobile home subdivision. Sec. 46-19. Coastal high hazard area. Coastal high hazard aareas (v Zones) are located within the areas of special flood hazards established in Sec. 46-7. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wash; therefore, the following provisions shall apply in coastal h~h hazard areas. A. Location of structures. (1) All buildings or structures shall be located landward of the reach of the mean ~ high tide. (2) The placement of mobile homes shall be prohibited except in an existing mobile home park or mobile home subdivision. B. Construction methods. (1) Elevation - All buildings or structures shall eb elevated so that the lowest portion of the structural members of the lowest floor is located no lower than the base flood elevation, with all space below the lowest floor's supporting member open so as not to impede the flor of water, except for bre-kaway walls as provided for in Sec. 46-19B (4). (2) Structural support. (a) All buildings or structures shall be securely anchored on pilings or columns. (b)~ Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loadS:~of the base flood flow. (c) There shall be no fill used for structural support. (3) Certification Compliance with provisions of Sec. 46-19B (1) and (2) (a), (b), and (c) shall be certified to by a registered professional engineer or architect. (4) Space below the lowest floor. (a) Any alteration, repair, reconstruction or improvement to a structure or building started after the enactment of this chapter shall not enclose the space below the lowest floor unless breakawat walls are used as provided herein. (b) Breakaway walls shall be allowed below the base[flood elevation provided that they are not a part of the structural support of the building and are designed so as to breakaway under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used. (c) If breakaway walls are utilized such enclosed space shall not be used for human habitation. (d) Prior to construction, plans for any structure that will have breakaway walls must be submitted to and approved by the Building Inspector. C. Sand Dunes. There shall be no alteration~of sand dunes which would increase potential flood damage. Sec. 46-20. Notice of Violation. A. Whenever the Building Inspector ~ has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter, or not in complaince with a development permit issued pDrsuant to this chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a con- spicious place on the premises where operations are beind conducted and mailing a copy thereof to.such person by certified mail to his last known address. D. The Building Inspector may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the timw specified and conditions exist which prevent immediate conpliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Building Inspector, any development permit issued to such person pursuant to this chapter shall be deemed revoked. Sec. 46-21. Penalties. A. Any person commiting an offense against any provision of this chapter, or failing to comply with a notice of violation issued by the Building Inspector shall upon conviction thereof, be guilty of a violation pubishable by a fine not exceeding two hundred fifty dollars ($250.00) or by imprisonment for a term not exceeding fifteen~ (15) days, or by both such find and imprisonment. The continutation of an offense against the provisions of this chapter shall constitute a separate and distinct offense hereunder for each day the offense is continued. B. In addition to the above-provided penalties, the Town may also maintain an action or proceeding in the JANUARY 22, 1980 name of the Town in a court of competent jurisdiction to compel complaince with or to restrain by injunction the violation of this chapter. Sec. 46-22. Effective Date. This local law shall take effect immediately. Vote of the Town Board; Ayes: Councilman Sullivan, -Councilman Murdock, Councilman Nickles, Councilanm Drum, Supervisor Pell. This resolution was decalred duly adopted. On motion.~of Councilamn Nickles, seconded by CounCilman Murdock, it was RESOLVED that Bond No. 73S-16366 BCA issued by the Aetna Casualty and Surety Company in the sume of $15,000.00 on behalf of Marie Bauer Johnson as Deputy Supervisor, Custodian of Fishers Island Ferry District be and the same is hereby approved as to form, manner of execution and sufficiency fo sureties therein. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilamn Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that Bond No. 73S - 16367 BCA issued by the Aetna Casulaty and Surety Company in the sum of $200,000.00 on behalf of Marie Bauer Johnson as Deputy Supervisor, Town of Southold be and the same is hereby approved as to form, manner of execution and~sufficiency of sureties therein. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that bid of Burt's Reliable Fuel Corp., Greenport, New York for supplying heating fuel oil for the buildings of the Town of Southold for the calendar year 1980 be and hereby is accepted ans awarded to Burt's Reliable Fuel Corp. at a rack rpcie of said fuel oil on the date of delivery plus their firm delivery and handling charge of $.1090. Vote of the Town Board: Ayes; Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Supervisor Pell, seconded by Councilman Drum, it was RESOLVED that John A. Muir be and hereby is appointed a member of the Southold Town Home Contractor Licensing Review Board effective this date, January 22, 1980. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the following transfers be and hereby are approved: From: B4020.2 Registrar $ 500.00 B9010.8 NYS~Retirement S 165.56 B9015.8 Police Retirement $ 1.00 B9040.8 Workmen's Comp. $6,161.58 $7,081.62 To: B9030.8 Social Security $7,035.74 B9060.8 Hospitalization $ 45.88 $7,081.62 Vote of the Town Board: Ayes: Councilamn Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Supervisor Pell, it was RESOLVED that the 1979 budget be and hereby is amended as follows: Increase fund balance from $130,000.00 to $141,026.00 and decrease estimated revenues from S938,712.00 to $927,686.00. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilamn Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that the 1980 budget be and hereby is amended to include: A8745.4 Flood & Erosion Control (Brushes Creek); and transfer from A8160.4 Disposal Area, contractual $4,000.00 to A8745.4 - Flood & Erosion Control. 474 JANUARY 22, 1980 Vote of the Town Board: Ayes: Councilman Sullivan, Councilm~n Murdock, Councilman Nickles, Councilamn Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman ~urdock, it was RESOLVED that the Town Board of the Town of Southold approves the expenditure of $2915.00 for a new furnace for the Highway Department. (This expenditure was approved on December 18, 1979 but the_.work was not completed in 1979.) Vote of the Town Board: Ayes: Councilman Sullivan, Councilman MurdoCk, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolutio~n was declared duly adopted. Supervisor Pell stated that the next resolution pertains to approval granted to the Commissioners of the Fishers Island Ferry D~strict in December 1979 for funds to repair their terminal at New London. The estimated cost was $4950.00 When the top of the loading ramp was removed and sand blasted it was discovered the steel I beams were deteriorated and must be replaced. The following is a emergency order. Moved by Councilman Drum, seconded by Councilman Sullivan, ¥~f~EREAS, this Board heretofore authorized the Commissioners of the Fishers Island Ferry District to have the ramp at the New London Ferry Terminal repaired at a cost nor to exceed $4~950,00, and WHEREAS, said Commissioners entered into a contract for said repair work with Whaling City Dredge & Dock Corp. of Groton, Connecticut, and WHEREAS, said contractor removed said ramp to its shop .at Grogon~ Connecticut and upon dismantling said ramp and examing the same discovered that the steel I beams were deteriorated to such a state that the same must be replaced, which said I beam replacemtn was not comtemplated in the original contract of repair, and WHEREAS, said ramp must be repaired and reinstalled immediately since the temporary ramp presently being used during.the repair of the ramp in question is inadequate to transport t~ucks and other heavy vehicles,and WHEREAS, these-unforeseen conditions affect the public health, safety and property of'the users of said ferry service, including the inhab- itants of Fishers Island, and require immediate action which cannot await competitive bidding, NOW, THEREFORE, BE IT RESOLVED that this Board does declare a public emergency by reason of the aforementioned circumstances and con- ditions and do hereby authorize the Board of Commissioners of the Fishers Isalnd Ferry District to immediately contract with Whaling City Dredge & Dock Corp. of Groton, Connecticut to replace the I beams in the ferry ramp at the New Lo~don~Terminal of the District without awaiting competitive bidding. Vote of the Town Board: Ayes: councilman Sullican, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor ~ell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman Sullivan, it RESOLVED that Supervisor William R. Pell III be and he hereby is authorized and directed to execute an agreement between the New York State Division for Youth and the Town of Southold for a $10,000.00 grant award under the Division for Youth's Special Delinquency Prevention Program. Vote of the Town Board: Ayes; Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman MurdoCk, it was RESOLVED that the Supervisor be and he hereby is authorized and directed to advertise for bids for the sale of scrap metal and paper from the Southold Town Landfill site at Cutchogue, New York, Bid opening 3:00 P.M., February 14, 1980 at the South~old~Town Hall, Main Road, Southold, New York. Specifications and ~orm of proposal may be obtained from the Southold Town Clerk. Vote of the Town BoardL Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. (Highway Superintendent Dean explained the particulars concerning the bid for sale of scrap metal and paper.) On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that Supervisor William R. Pell III be and hereby is JANUARY 22, 1980 authorized and directed to a Memorandum of Understanding between the County of Suffolk and Town of Southold which covers all partici- pant activity in the Town under the Comprehensive Employment Training Act. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Moved by Councilman Drum, seconded by Councilman Murdock, ~EREAS, the New York State Siting Board has completed hearings with reagrd to the Lilco power plant at Shoreham and also with regard to the proposed Lilco power plant at Jamesport, and ~EREAS, the Town Board is against a nuclear project at Shoreham and Jamesport, and WHEREAS, the State Siting Board will very soon decide whether to certify nc~lear or coal facilities for both sites, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby requests that the State Siting Board and the Givernor and the State Legislature make no decision whatsoever on the Shoreham and Jamesport applica- tions, and~be it FURTHER RESOLVED that certified copies of this resolution be forwarded to Governor High Carey, Senator Kenneth LaValle, Assemblyman John Behan and the five members of the Si%lng Board. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Supervsior Pell stated that the five wast end towns are going to unite and a.pply 'to the federal government for extra gas ~allocations. The five east end town supervisors discussed this at their recent meeting. Last year the Gasoline ~ealers Association applied and were denied because, for one reason, they only represented 64 of 169 dealers. The five towns, through the advice of Judith Hope and Matt Troy who agreed with t~is and represents the Gasoline ~ Dealers Association, said the five east end towns should make an appliacation on behalf of the sonsumers, stressin9 the viewpoint we are unique, have a large farming area that needs gasoline and diesel fuel to irragate the land, we are aseapor~ area and need gasolien and diesel fuel to run the.~boats. They do not look favorably on the work "tourist"." Every part o£ the country is applying as a hardship for tourists. At the same time the Town Board has instructed Supervisor Pell to take the alternate route of investigating the state allocations a~d make a report back to them on February 5th. On motion of Councilman Nickles, seconded by Councilman Nurdock, it was RESOLVED that the Town Board of the Town of Southold joins with'the supervisors of the Five East End Towns in application to the federal government for extra gas allocations on behalf of th~ sonsumers; with the understanding that Southampton Supervisor Martin Land will spearhead this operation. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Mr. Dan Archer, Orient, recommended that in the report to the federal government they mention the two closed gas stations in Greenport.----Supervisor Pell stated this w~s discussed w~th the ~Board this morning.) PROCLAMATION Moved by Councilman Nickles, seconded by Supervisor Pell~ ~-~WHEREAS, Rotary International is an organization of 853,000 business and professional men, united worldwide in more than 18,000 clubs located in over one hundred, fifty-two countries and terrirories, and WHEREAS, Rotarians provide humanitarian services, encourage high ethical standards in all vocations, and help promote goodwill and peace in the world through various projects and activitieS which foster better understanding through personal visitations and contacts in student and study exchange programs, and WHEREAS, Rotarians have made a very meaningful impact on the life of this Township of Southold through numerous public service p~ojects and activities, and 476 JANUARY 22, 1980 WHEREAS, Rotary International will celebrate its Diamond Jubilee Anniversary on February 23, 1980, marking seventy-five years ~ Service Above Self by Rotarians everywhere to fellowmen and com- munities, NOW BE IT THEREFORE PROCLAIMED that this Town Board does hereby designate the week of February 17-23, 1980 as Rotary International Week in recognition of the services rendered these many years. Vote of the Town Board: Ayes: Councilman Sullivan Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Supervisor Pell explained that Bay Constable Januick retired from the Town effective December 31, 1979. The Town Board applied for a civil service list of qualified people who had taken the test and passed. The list is sent to the town and we have until January 25th to interview which is the cut-off date on the list. The first three individuals on the list must be called in for an interview. All three individuals came in for the interview. If one of three is not interested in the position they must sign a waiver so stating, then you call number four so you have a selection of three. From the existing list the first three came in and all are interested!in teh job. Chief Cataldo and Supervisor Pell interviewed the applicants and recommended this morning to thepolice committee. The police committee recommended to the Town Board. The choice of the Town Board is Thomas Czelatka who was number one on the county list and number one on the town list with a grade score of 91%. On.motion of Supervisor Pell, seconded by Councilman Drum, it was RESOLVED that Thomas Caelatka, Southold, New York, be and he hereby is appointed Bay Constable, Town of Southold, effective March l, 1980. for a six month probationary period, at a salary of $10,500 per annum. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that Supervisor William R. Pell III be and he hereby is authorized and directed to execute an agreement between the County of Suffolk and the Town of Southold for a three month extension, through March 1980, of the 1979 Nutrition Program. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman Sullivan, it was RESOLVED that the Seniors Club of Southold-Peconic, Inc. be designated as the club to make the annual trip to Fishers Island for 1980. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On'motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold approves the inclusion of residents of the Town of Southold in the W~atherization Grant Program by the Village of Greenport Community Development Office. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Moved by Councilman Drum, seconded by Councilman Nickles, WHEREAS, Peter J. Troyano of Sound Avenue, Southold, New York has made application for the connection of a direct burgular alarm into Southold Town Police Headquarters, and / WHEREAS, the agreement between the Town of Souhotld and Peter J. ~ Troyano has been executed following investigation, and WHEREAS, the Chief of Police recommends approval of said applica- tion, now, therefore, be it RESOLVED that the application of Peter J. Troyano for connection of a burgular alarm line direct to Police Headquarters be and hereby is approved, and the Chief of Police is hereby directed to sign said a~reement. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murd~ck, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. JANUARY 22, 1980 Moved by Councilman Drum, seconded by Councilman Sullivan, WHEREAS, Henry Reichman of Sound Avenue, Southold, New York has made application for the connection of a direct burgular alarm into Southold Town Police Headquarters, and WHEREAS, the a~reement between the Town of Southold and Henry Reichman has been executed following investigation, and WHEREAS, the Chief of Police recommendS approval of said applica- tion, now , therefore, be it RESOLVED that the application of Henry Reichman for connection of a burgular alarm line direct to Police Headquarters be and hereby is approved, and the Chief of Police is directed to sign said agreement. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Nurdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Supervisor Pell stated, for information purposes, the Town has put out a lot of money in CD investments. He asked Tax Receiver Mellas for a report of how he was doing in receipts this year in relation to las year. The Town is approximately one million dollars ahead in income this year above last year. The main reason for this is that the Town has entered into an agreement with the North Fork Bank.whereby tax bills, when they come in by mail, are taken directly to the bank, they open them, deposit them immediately. This has speeded up by two weeks the processing of checks and the Town has paid the schools, is paying the fire district two-thirds of their money today. It has worked well. Mr. Charles Crosley, Greenport, referred to Item 10 on page 5 of the agenda; and asked if there was any estimate given of the amount it will cost to repair the ramp at the ferry terminal at New London?-~- Supervisor Pell stated it will be $6,950.00. Ms. Jody Adams, Peconic, asked that the time sequence of when a police officer must move into Southold Town be explained.----Town Attorney ~asker stated he must be a resident from the day of his appointment. At the time that the individual is interviewed preliminary to his being hired he would be told that one of the conditions of his employment is that at the time of his appointment he be a resident of the Town of Southold. From the date of the inter- view until his actual appointment would probably be several weeks. Therefore, he would have knowledge that at the time of his appoint- ment he would have to be a resident of the Town. In all other instances of public employees in public offices in Southold Town and all minicipalities, they are all required to be residents. Police is an exception to the general rule, Therefore, anyone who is employed by the Town of Southold, other than police, automatically has to be a resident of the Town and that has always been the case.--- Supervisor Pell stated that last year, and again within the last two weeks he spoke to Assemblyman Behan and Senator LaValle to give the Town authority to have a Town list for police. It is hoped it will be passed in the legislature~this year. It did not get out of committee last year.---Ms. Adams asked if it wouldn't be fairer to give them a certain period of time to move?---Supervisor Pell stated they would take that under consideration when it. comes up. Mr. David Markel asked if the Town Board is aware of the severe erosion that is going on at Kenney's Beach and if anything is being done about it?---Supervisor Pell stated Highway Superintendent Dean brought that to the Board's attnetion today. It is hoped the Beach and Park Committee will survey the problem before the next Board meeting. Ms. Adams asked if the fee for reproducing material by the Town was discussed?---Supervisor Pell stated it was discussed~today. They examined the sheet she left with the Supervisor and he discussed with other towns on the east end what they charged. Southampton Town charges 25¢ per sheet.~ The Board feels they would like to leave it right where it is, 25¢ per sheet.---Ms. Adams feels that generally speaking it has been enforced very unfairly. It ~s a personal charge. It depends on intangibles, whether people like you at certain moments. She thinks that is unfair, and a reduction of the cost to five cents ot ten cents a sheet would not lose money for the Town and the public would have greater access to the material they need to make intelligent decisions. She wishes the Board would reconsider. JANUARY 22, 1980 Mr. Ange Panagopoulos, East Marion, said the Zoning Board and Planning Board are granting requests right and left. Everyone and his brother is coming into Southold Town and making requests for changes. Some years ago the town paid quite a bit of money for a usrvey of water and how many thousand people the water table can support. When is this development going to stop?---Mr. Panagopoulos made specific reference to the application of Emanuel Kontokosta for permission to construct 28 unit apartments and 21 unit motel at East Marion.---Supervisor Pell stated that the matter is in the Zoning Board of Appeals. The notice read earlier in the meeting was to give information to the public that they will accept comments from the public up to February 6, 1980 .... Mr. Panagopoulos said it goes further than the Zoning Board of Appeals, the town fathers'must be a stop to development or the water table will turn into a big cesspool. Ms. Adams stated there was a meeting on the South Shore a few days ago on TEMIC. She feels the North Fork should be involved in that. There is some information of a group action suit against the manu~ facturer of TEMIC. On motion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 4:40 P.M. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nicklss, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Judith T. Terry Town Clerk