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HomeMy WebLinkAboutTB-06/10/1980SOUTHOLD TOWN BOARD June 10, 1980 WORK SESSION 10 A.M. ~ Chief Cataldo met with the Board and discussed proposed amSH~ments to the Vehicle and Traffic Ordinance. He also presented a diagram which provides for additional parking in the Love Lane and Pike Street area, Mattituck. He has discussed the proposal with the President and Secretary/Treasurer of the Mattituck Chamber of Commerce and Planning Board Chairman Henry Raynor and received their approval.-Chief Cataldo said the Chamber of Commerce has suggested ~o hour parking in the parking lot owned by the North Fork Bank and the Long Island Railroad at the railroad station.-- The Chief presented two estimates he has received for the communica- tions system for the DoE Pound.--There are still old police radios on hand and their disposition was discussed.---Chie£ Cataldo asked permission To attend the annual International Chiefs of Police Conference a~ St. Louis, Missouri on September 13-18. EXECUTIVE SESSION 10:45 A.M. Chie£ Cataldo apprised the Board of two personnel problems requiring disciplinary action. The fi.rst was an incident occuring on June 5th involving Police O£ficer James J. Fitzpatrick and the second was an incident occuring on June 2nd involving Radio Operator Gary M. Charters. The amount of overtime &nvolving police officers was discussed. The Police Committee will meet on June 26, 1980 at 9 A.M. The Board began reviewing the agenda at 11:20 A.M. and recessed for lunch at 12:20 P.M. The Board resumed reviewing the agenda at 1:45 P.M. and recessed at 3:00 P.M. to hold two wetland hearings. 3:00 P.M. - Public Hearing in the matter of the application of William C. Thompson £or a wetland permit. 3:10 P.M. - Public Hearing in the mat~er of the application of George W. Bornschein for a wetland permit. 3:15 P.M. - A group of residents of the Town of Southold addressed the Board concerning their opposition to the Southold Commons project. Supervisor Pell stated that the Board has unofficially declared them- selves in opposition to the project and a formal resolution will be adopted at the 7:30 P.M. regular Board meeting, The following individuals spoke in opposition: Herbert Nelson, Samuel Markel, Charles Meyer, Gerard Conroy, Kay Van Bourgondien, Abe Nissenfeld. 3:40 P.M. = The Board resumed reviewing the agenda. 4:00 P.M. Mrs. Maria Tejo and Mrs. Gladys Csajko spoke to the Board concerning the Dog Pound Contract. They are in agreement with the $28,700. contract figure to be paid to the North Fork Animal Welfare League. They hope to have everything in order to take over the pound on July 1st. All that remains for the League to do is file their amended incorporation certificate with the State. Councilman Nickles recommended oiling and sanding the parking areas at Kenneys Beach and Southold Town Beach. Highway Superintendent Dean stated the cost would be approximately $4,000.00 A regular meeting of the Southold Town Board was held on Tuesday, June 10, 1980 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor William R. 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 Deputy Supervisor Marie Bauer Johnson Absent: Justice Francis T. Doyen On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the minutes of the regular meeting of the Southold Town Board held on May 20, 1980 and special meeting of the.Southold Town Board held on June 6, 1980 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 Nickles, seconded by Councilman Murdock, it was RESOLVED that the following ~udited bills be and. hereby are approved for paymenv: General Fund Whole Town bills in the amount of $101,091.64; General Fund Part Town bills in the amount of $276,068.07; Highway Department bills in the amount of $46,984.60 and Fishers Island Ferry District bills in the amoun~ of $31,208.04. 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 next regular meeting of the Southold Town Board will be held at 3:00 P.M., Thursday, June 26, 1980 a~ the Sou~hold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock,, Councilman Nickles, Councilman D~um, Supervisor Pell. This resolution was declared duly adopted. REPORTS SUPERVISOR PELL: Under reports, the first repor~ is by Councilman Drum on Inland Waterways. 1. COUNCILMAN DRUM: The Inland Waterways Committee comprised of Mr. Murdock, Mr. Nickles and myself. The County has agreed to do dredging in Little Creek, which is in Cutchogue, Halls Creek and Bmushes Creek. These wilt probably be done by a crane, Mr. Latham, having received the con%tact. At a later date, Goldsmith Inelt. Also we received work that Deep Hole Creek will also be done perhaps by the small town dredge. It is almos~ closed. The county dredge, I should say. It will probably go in for several days and later on in the summer there will be a con~ract dredge go in. This is the tentative plan at present. Consideration is also being given to Cedar Beach and Wickham Creek. QUESTIONi3FROM TH~ AUDIENCE: How abo~t Corey Creek. Any consideration for that? COUNCILMAN DRUM: Yes, Corey Creek. The committee had looked at Corey Creek and Corey Creek is further down on the priority list. The creeks I mentioned, for instance, Little Creek had about one inch at water at low tide. We have looked a~ Corey Creek and it is hoped if the county later on in the summer finishes the other creeks which are considered more of an emergency, then they will ge~ to Corey Creek. SUPERVISOR PELL: Thank you very much, the next report I will ask for is from Taxation and Finance Committee, Mr. Sullivan. 2. COUNCILMAN SULLIVAN: There was a meeting with Councilman Murdock and myself. We discussed three items. One, on the Town's insurance policies. We will se~ up a meeting on June 26th with the Town's JUNE 10, 1980 brokers, myself and Mr. Murdock and discuss the Town's insurance policies. I have also contacted the Industrial Commission from Brookhaven Town, Mr. Hudson. There is available a job re a business incentive package that Brookhaven Town has developed for attracting new businesses into Town. He is going to send it on to me so that maybe something along that line could be done in Southold. We also decided to segregate the audit of the bills so that the Councilmen and Supervisor would develop £amiliarity with certain areas and perhaps question some-items that were out of line or duplications. Those were the~three items discussed and agreed on today. SUPERVISOR PELL: Thank you very much. Beach and Park, Councilman Nickles. 3. COUNCILMAN NICKLES: I have a short report, Bill. I'm waiting still for Town Attorney Tasker to complete a draft beach ordinance at which time there will be a meeting, but in the interim, I'd like to report that the tenant at the Town Beach, commonly called "~ack'S Shack" has come in and signed the lease again for the £orthcoming year and also on the recommendation of the Superintendent of Highways we propose;' if the money is available, to oil and said the parking lots an Kenneys Beach and Town Beach. 4. SUPERVISOR PELI: Thank you very much. The next,one, number 4, we are going to omit, there is no report from that committee. (acre: Wage & Policy Committee) 5. Monthly report of Justice Tedeschi for the month of May 1980 which will be on file in the Town Clerk;s Office. 6. Then we have the Town Clerk;s monthly report for May 1980 which will be on file also. 7, The Mattituck Inlet Advisory Committee met and placed their report on £ile in the Town Clerk,s 0£fice. 8. The next report is from the Sa£e Drinking Water Committee meeting they had. I am going to ask my Deputy Marie Johnson to give that report. And also while you're up, Marie, give the next one too on Housing. DEPUTY SUPERVISOR JOHNSON: The legislature's Sa£e Drinking Water Committee met the 29th of May and Gregg Blass, our legislator now plans to form a sub-committee that will review the several water, grou.nd water studies that have been conducted, in an attempt to formulate a water plan for the future. There is not now and there never has been at any time in the past a comprehensive plan for water in the county. The feeling was expressed that lack o£ planning ms perhaps the biggest problsm where our water is concerned and there were several recommendations made. One is that we should have approval and implementation o£ the 208 study. Next 'that the water situation should be put in the hands of the Su£folk county Water Authority as was intended in ~he original Charter for the county. Another suggestion was that when business and industrial areas are planned for they should be careful not to plan residential areas down the stream of them. There waw a suggestion that there be a s~udy of businesses going on int ~he various towns to discover what hazardous or toxic wastes may be being dumped into the ground and ther$ was the suggestion that some attempt be made to require as comprehensive study of what tenants in business areas are going to be doing as there is when someone builds; when someone builds tell what he is going te do~ what the building is to be used for, what's going on in it but when he rents ze someone subsequently there is no such investigation. And finally, it was pointed out that the nest planning will fail if the zoning boards of appeals and town beard allow variances and down zonings which negate planning efforts. It,~was point out that there are strict requirements on developments but that old filed maps in existence allow building on undersized lots and the courts defend this-. The county executive's office is preparing legislation to correct th~s. And then there was mention of an excellent booklet that we probably all0ould benefit from. It's called "How to Maintain Your Septic Tank" and is available at the office of the Health Department in Riverhead. 9. The County Executive's HouslinglTask Force met on the 5th of June and guests of the committee were two real estate brokers from the Mastic-Shirley area who described the housing situation in that area. There are over 600 houses boarded up, .abandoned, awaiting foreclosure proceedings to be completed. They can't be sold or re- rented until this happens. The proceedings can take up to four and a half years since the homes are biult with federal funds and the foreclosure must be done by federal attorneys. The homes are, for the most part, Farm & Home or FHA funded. They are low cost, low interest to families who purchase one and live in it with monthly payments as low as $85. or $90. per month. However, there is no attempt by these agencies to ask for funds for taxes or insurance so the families are hit suddenly with great bills that they can't afford and the abandonment results. The opinion was expressed by Dr. Koppelman that single family houses on seperate lots simply are not for low income people and for these people we must ha~e rental housing. The opinion was expressed that leads widely to believe that low income and welfare familiies can destroy an apartment in six months and that came to discussion onJthe fact that this kind of rental housing should be inspected thoroughly before these families go in and be inspected during the term of their residency there. A resolution was passed advising the county executive to do just this. SUPERVISOR PELL: Thank you very much. Larry has a comment he wants to amke. Councilman Murdock. COUNCILMAN MURDOCK: In addition to the report of Mrs. Johnson, the concern at the fresh water hearing with single and separate owner- ship is two fold. They have found now in the west end of the county that they are having a lot of people still drilling their own wells as opposed to hooking up to the county water system and it is defeating the purpose of the Suffolk County Water Authority and the people are getting contaminated individual wells. The second concern they have about the individual family ownership that they are concerned when they go to court is that they have evidence a lot of comment from people that they will not hook up to the Suffolk county Sewer System because it is going to be an average of $1500 hook-up cost and they are very concerned that the Suffolk County Sewer System will aot function because it Will not have anough effluent and water put into it if everybody continues to use their own cesspools and septic systems. So they are afraid now that inspire of the billion plus dollars that they have spent that unless they can formulate a law to legally force each individual homw owner to hook up both to the county water system and the county sewer system that they will have lost the purpose that they spent the money for and they are trying desperately to figure out a way to get that accomplished. It appears that the sewer system cannot function without enough water in it and if everybody does not use it, and as a matter of fact if less than half the people in the sewer district avail themselves of the sewer it will not work. 10. SUPERVISOR PELL: Thank you very much. We move on to number 10, i~ is s report for the month of the Bay Constable, on file in the Town Clerk's Office for review. 11. This was a meeting we asked Councilmen Sullican to attend on grantsmanship. George. COUNCILMAN SULLIVAN: On May 23rd I attended a workshop on Gran~sman- ship hosted by Cooperative Extension-Suffolk County. The moderator was Dr. William Price who has had extensive experience in this field. His presentation outlined the basic concepts of how to apply for grants stressing the personal contact with program officers of various agencies. A methodology of grant application was emphasizedas well. It is my opinion that grant applications involve time and expertise and a person hired by Southold Town may prove beneficial. However it must be stated and was also stressed by Dr. Price that a grant administrator does not always justify his or her salary. On behalf of the Town, I have written Congressman William Carney to obtain a publication entitled "Catalogue of Federal Domestic Assistance Programs: which defines available grants. In addition, the Long Island Regional Planning Boa-rd has available data on grants. I wish to add that when we hire a consulting firm to do our work for us upwards of 30% or more of the grant goes to the consulting firm. If we had someone in-house that could do these, of course the grant JUNE 10, 1980 would stay solely with the Town. So it is something that we are going to look at and perhaps move on a little further towards looking for someone. Thank you. SUPERVISOR PELL: Number 12 is the financial report of your town by my office. It is on file in the Town Clerk's Office. Couple o£ areas I am watching the budget in a little closely to make sure we stay in line. It is a little early to tell, the year is young yet. Item No. 13 is the Highway financial report (May 1980). Item No. 14 isthe Fishers Island report (May 1980). Item No. 15, the Building Department report for the month (May 1980). Appr6ximately $416,000 estimated new costs of buildings ~ave been applied for. Item No. 16 is the monthIy Assessor's report (May 1980). I~em No. 17 you do not have, it will be a verbal report by Councilman Nickles. COUNCILMAN NICKLES: At the last Town Boa~d meeting I recommended to the Board that we inspect the building known as the "Edith Prince building" which is owned by the Southold Savzngs Bank just on the west side of the' Southold Savings Bank. The purpose of the inspection was to determine if this building could be utilized as a town justice court and also contain the chambers of both justices. As you may be aware, at this time we maintain two chambers as an expense to the Town %or each justice and causes duplication of phone service, copy machines, etc. The purpose, as I said, was to see if this building was adequate and suitable to our needs and we would consider putting in a bid on_it and moving it to the rear of the property here on'Traveler Street. Councilman Drum and both Judge Rich and Judge Tedeschi accompanied me to the premises and after investigation we made the determination that the downstairs would take teen,much renovation and would really not give us nearly the area necessary to have a court building. Therefore we recommend to the Town Board that this building is not suitable. SUPERVISOR PELL: The next item is public notices. Councilman Nickles Rill handle th!s. PUBLIC NOTICES 1. COUNCILMAN NICKLES: The first item on your public notices is from the Department of the Army, New York District, Corps o£ Engineers~ application O% Dr. Klass Honig, extension of a jetty in the Hog Neck Bay. This i.s out in the Bayview area and the response date on this is June 16tk. 2. From the Department of Environmental Conservation, Henry Pierce~ to construct a catwalk and two floating docks in Richmond Creek. Comments expire on June 18th. ~3. Again the DEC, Notice of Complete Application of Leon Marcus to construct a catwalk and floating dock in Greenport. CormTnents prior to June 25th. 4. DEC again. Application by the Village e~ Greenport to convert an existing test well on North Read. Written comments may he made by June 19th. 5. New York State DEC Notice of Intention to Prepare an environmental impact state application by Harold Reese to extend existing canal and bulkhead. This is located at a subdivision known aa "Southold Shores" in the area of Arshamomaque. Comments are allowed up to June 25th. 6. DEC Notice of Complete Application by Greenport Village to construct a new 12x 8 well approximately 95 ft. deep and equipped~ with a pump rated at 500 gallons per minute. Written comments by June 26th. Copies o£ all these applications are filed with the Town Clerk if you wish to come down adn look at them and make a response you are welcome. 187 JUNE 10~ 1980 SUPERVISOR PELL: We move on to seeti~on number III, communications. 1. .From the County Executive asking us zo appoint somebody to start to work on vhe celebration which will take effect in 1983 o£ our County's 300th birthday. The Town Board will ask the Town Historian Mitzie Goodrich to fulfill this role. I have to ask her tomorrow, I haven't asked her today yet. 2. In repponse to the Town Clerk of a letter we sent to the governor on the proposed lay-off on Plum Island and taking over by outside agencies with different tasks. 3. From R.R. Welch (Asphalt Company) concerning the bid that the Town made to them last year and the £ul£illing of it. 4. From Nassau Point Property Owners Association. They are asking when Cable TV will be down in their area. Cable TV wrote back as soon as the poles are given permission to. The president of that association has been in correspondence with the telephone and light £orm ~o see what the hold up is and the latest correspondence is that they are very near ready to move and start to work in that area. 5. Request this morning, update of the New York proposed Coastal Management legislation. The Board did discuss this this morning. We had Senator LaValle's of£ice on the phone at the time we discussed it and later on in the agenda we will go into it in further depth. 6. Something that is very interesting to our area, a meeting will be set up. The united States Coast Guard Auxiliary has requested to meet in Southold Town in regards to perhaps setting up a network o£ Coast Guard Auxiliary out here. A meeting will be set up in the near future and we will be kept advised what is going on with them. The Coast Guard is pulling some of its forces o££ of our area and going to fulfill the need with some auxiliary personnel. 7. From Legislator Gregory Blass asking the Town dif£erent ideas on how they felt about different problems that are coming up- The first one was, should they remove the remaining 1% of the county sales tax on home heating fuel. This would cost the county $11,000,000 they would have to raise somewhere else. The second one was a county- wide program on drinking water. The third one was to work on the acquisition of farmland; preservation of parkland. We have this in, we have to discuss it and get back to Mr. Blass. 8. Last year we passed a road improvement bond. The TDwn has to apply for it. We will get, under this program, the Town will receive $123,000 and the Town must put up 25% and it will come to $164,000 we wit.1 have on ou~ roads~,, to improve our roads in it, but we do have to apply for it, it iS available, and later on we will have a resolution to apply for it. 9. A request from the women's softball league for financial aid. As we do appropriate funds for these things we will reevaluate what is left and see what we can do for them. That is a new request this year. It was not in last year. 10. Letter from the Southold-Peconic Civic Association, Inc. opposing Southold Commons. 11. A letter frmm Civil Service. Last month we hired a radio operator to replace one that retired. We called for the County - Town list. They sent the'list to us. We interviewed, we hired one and unbeknown somebody else can make a mistake besides this Town Board. The county omitted one gentleman's name from the list. He would have been third on t~e list, his mark was lower than the two we did interview. This letter is telling us if we did not hire we should interview him. BUt we already notified him we hired and appointed a geneltman to the job. 12. A request we received today from the Planning Board of our township to ask us ~o evaluate some property in Mattituck on the North Road to consider if it could be developed inca cluster concept. This request was just received today and the Board will evaluate it. HE'AR'INGS AND' DECISIONS SUPERVISOR PELL: We had a hea~ing this afternoon on William C. Thompson (Wetladn Cpplication). The Board is ready to act upon it at this time. Gentlemen, your pleasure? 1. MOved hy Councilman Nicklea, seconded by Councilman Drum, WHEREAS, William C. Thompson applied to the Southold Town Board for a permit under the provmsioas of the Wetland Ordinance of the Town o~ Southold, application da¢ed March 6, 1980, and WHEREAS, said application was referred to the Southold Town Trustees and the Southold Town Conservation Advisory Council for their find- ings and recommendatmons, and lO, 198o WHEREAS, a public hearing was held by the Town Board with respect to said application o£ the 20th day of June, 1980, at which, time all interested persons were given qn opportunity to be heard, now, therefore, be it RESOLVED that William C. Thompsan:_be granted permission to construct a timber dock, catwalk, ramp and £1oat at Canoe Path on Mattituck Creek, Mattituck, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor PelI. This resolution was declared duly adopted. SUPERVISOR PELL: Another hearing held today for George W. Bornschein (Wetland application). I believe the Board is ready to act upon that Moved by Councilman Murdock, seconded by Councilman Drum, WHEREAS, George W. Bornschein applied to the Southold Town Board £or a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 9, 1980, and WHEREAS, said application was referred to the Southodl Town Trustees and the ~outhold 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 10th day of June, 1980, at which time all interested persons were given an opportunity to be heard, now, therefore, be itRESOLVED that George W. Bornschein be granted permission a timber dock, catwalk, ramp and float at his~property on the east side of Oak Street, on Eugene's (East) Creek, Cutchogue, New York, on the condition that the catwalk be placed 18 inches above the spartina grass. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Item No. 3, a hearing was held on May 6th, applica- tion of Maidstone Development, Inc. Public hearing was held, I believe the Board is ready to act. Moved by Councilman Drum, seconded by Councilman Murdock, WHEREAS, Maidstone Development, Inc., by application dated November 29, 1979 petitioned the Town Board of the Town of Southotd for a change of zone on certain property situated near Greenport, New York, from "A" Residential and Agricultural District to "M-i" General Multiple Residence District, and WHEREAS, the said petition was referred to the Southold Town Planning Board and Suf£olk County Department of Planning for official recommendation and ~report, and WHEREAS, the Town Board, pursuant to due notice~ held a public hearing thereon on the 6th day of May, 1980, at 8:15 o'clock P.M., at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Maidstone DevelopmenT, Inc. be and hereby is denied the relief demanded in said petition. 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 Murdock, seconded by Councilman Drum, WHEREAS, Wayne Associates, by application dated November 20, 1979 petitioned the Town Board of the Town of Southold for a change of zone on certain property situated at Southold, New York, from "A'! Residential and Agricultural District to "M-I" General Multiple Residence District, and WHEREAS, the said petition was referred to the Southold Town Planning Board and the Suffolk county Department of Planning for official recommendation and report, and WttEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 6th day o£ May, 1980, at 8:30 o'clock P.M., at which time all interes, ted persons were given, an epportunity to be heard, now therefore~ be it RESOLVED that Wayne Associates he and hereby denied the relief demanded in said petition. Vote of the Town B~oard: Abstain: Councilman Sullivan. Ayes: Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell~ This resolution was declared duly adopted. gO E 10, 1 80 139 SUPERIVSOR PELL: We go on to number 5. Item number 5 was Revenue Shiring Funds. We held a hearing on May 20th to transfer $11,500. from Revenue Sharing Funds into the Town line budget to be used for hiring a consulting firm, which we will do later on, to provide money to pay for them so we can go after this road bond improvement. 5. On motion of Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold amend the current Town Budget relative to the use of Federal Revenue Sharing Funds as follows: By transferring and/or reassigning the sum of $11,500.00 from the New Suf£olk Road Improvement Account (CF9007.4) to Highway Safety Improvement Account (CF9008.4), all in accordance with a public hearing held on this matter on May 20, 1980, at which hearing all citizens o£ the Town were given an opportunity to provide written and oral comments. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adepted. SUPERVISOR PELL: Number 6 is the Unsafe Building hearing we held. The Town Board is not ready to move on this at this time. Senator LaValle has informed us they are coming out on this with amendments to it. We want to review them before we act on this one to see if they coincide with what we have proposed. We will not act at this time on that pending decision. RESOLUTIONS 1. On motion of Councilman Sullivan, seconded by Councilman Drum, it was RESOLVED that the application of Zdzislaw Mikolajczyk dated May 7, 1980 for a trailer permit renewal for a trailer on his property on the south side private road off east side Main Road, Mattituck, New York be and hereby is granted for a six month period. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, 'Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 2.On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.~10 ~nd Chapter 44 of the Code of the Town o~ Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below~ has determined that the project will not have a significant effect on the environment. Description of Action: Application o£ Mary LePeter for a wetland permit. Permission is requested to consZruct a dock, catwalk, ramp and float at 3800 Deep Hole Drive on a canal of£ Deep Hole Creek, Mattltuck. New York.. This proposal had been determined not to have a significant effecz on the environment for the following reason: An environmental ~sseasment has been submitted which indicated that no significanz adverse effects zo the environment are likely to occur should the project be implemented as planned. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. 3. Moved by Councilman Sullivan, seconded by Councilman Nickles, WHEREAS, the Griswold-Terry-Glover Post #803, American Legion Southold, New York has applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application, and after investigation, duly made findings and determinations as required by law. NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board of the Town of Southold the findings and determinations as required by law and it is further RESOLVED that the Town Clerk be and she hereby is ~irected to issue a Bingo License to the Griswold-Terry-Glover Post #803~ American Legion, Southold, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. 4. Moved by Councilman Sullivan, seconded by Councilman Drum, /:i40'lo, gso WHEREAS, the Griswold-Terry-Glover Post #803, American Legion, Auxiliary, Southold, New York has applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application, and after investigation, duly made findings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board of the Town of Southold the findings and determinations as required by law, and it is further RESOLVED that the Town Clerk be and she hereby is directed to issued a Bingo License to the Griswold-Terry-Glover Post #803, Southold Legion Auxiliary, Southold, New York. 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 Murdock, it was RESOLVED that the Town Clerk of the Town of Southold be authorized to advertise £or bids for the following for the Highway Department: 2 (Two) - 1 ton Cab and Chassis trucks. Vote fo the Town Board: Ayes: Councilma~ ~ullivan, Councilman MUrdock, Councilman ~ickles, Councilman Drum, Supervisor Pell. This resolutioa-was declared duly adopted. SUPERVISOR PELL: Number 6, something that all the ten towns are doing. We are one of the ten and we are asking the county to share with us the sales tax they collect. Moved by Councilman Murdock, seconded by Councilman Drum, WHEREAS, the Towns and Villages of Suffolk County in no way participate through revenue sharing in the sales tax revenue paid to Suffolk,County; and WHEREAS, in light of threatened cuts to local governments in Federal Revenue sharing programs, the Town of Southold could lose well over a hundred thousand dollars in Federal monies; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby request the Suffolk County Legislature to adopt resolutions which would permit the Towns and Villages of Suffolk County to share in the sales tax revenue received by the County in proportion to any decrease in Federal revenue sharing programs imposed upon such Towns and Villages, and be it luther RESOLVED that the Town Clerk be and she is hereby directed to forward a copy of this resolution to the Town of Southotd representatives in the Suffolk County Legislature and to the Suffolk County Legislature itself, all Town Supervisors, all Village Mayors, and County Executive. 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 the application of Maddie Miles dated May 7, 1980 for a trailer permit renewal for a tr&iler on her property on private road off north side Main Road, Mattituck, New York be and hereby is granted for a six month period. 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 Drum, it was RESOLVED that the Southold Fire Department is hereby granted permission to use the Town parking lot behind the Southold Fire Department as carnival grounds for their annual Block Party to be hetd~!from Tuesday, August 5, 1980 through Sunday, August 10, 1980, provided the Southold Fire Department maintains sufficient insurance coverage to hold the Town of So~thold harmless. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On mo~!on of Councilman N~ckles, aecond~d bF Councilman Mu~dock, it RESOLVED that the SOuth~ld Fire Department is hereby granted permission to use Jockey Creek Drive and Main Bay~iew Road, Southold as assembly areas for their Carnival Parade to be hel'd on August 10. 1980 at 7:30 P.M., provided the Southold Fire Department maintains sufficient insurance coverage to hold the Town of Southold harmless. 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 Sullivan, WHEREAS, the Sacred Heart R.C. Church, Cutchogue, New York has applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application, and after investigation, duly made findings and determinations as reruired by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of The Town Board 0f ~he~Town of Southold the findings and determinations as required by law, and it is further RESOLVED that the Town Clerk be and she hereby is directed to issue a Bingo License to the Sacred Heart R.C. Church, Cutchogue, New York. Vote o£ the Town Board.~ Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 11. Moved by Councilman Nickles, seconded by Councilman Drum, WHEREAS, Our Lady of Grace R.C. Church, Fishers IslaNd, New York has applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application, and after investigation, duly made findings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board of the Town of Southold the findings and determinations as required by law, NOW, THEREFORE, B 1 IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board o~ the Town df Southold the findings and determinations as required by law, and it is further RESOLVED that the Town Clerk be and she hereby is directed to issue a Bingo License to Our Lady of Grace R.C. Church, Fishers Island, New y'Qrk~ VQte of the Town Board: Ayes: Councilman Sullivan, Councilman M~rdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 5UPERV'~SOR PELL: Southold Commons, Number 12. The Board received ~ letter in on the 16th day o£ last month, grom what we call HUD on the project known as "Southold Commons". They give us thi~ty days to respond. The Town Board's point of view. Our response by no means can say it is the final say. We can say how we feel, how the people o~ our community feel but we do not have the power to say it is not going to be there. Wa c~n try everything in our power to convince HUD that we. do not need these homes in SQuthOld Township, it's not the proper place for them and everything else. About a week ago Councilman Nick~a~, myself met with our Town Attorney, reviewed the application, many ~or~s of it, di~cussled it~ we h~d our Planning Board Chairman H.enry Raynor review the application, make the Planning Board's views kn0~n to the Town Board, which he has done~ This morning during the working cession of the Town Board we discussed Southold Commons again. It was discussed in April of last year, April 1979, discussed in '72 and it keeps cropping back up. Somewhere alone the line,~.we have been on record in ~72 and'79 and we are ready to go on record again tonight officially and will ask the Board to pass a resolution on this pointing their views. The Town Board is unanimously opposed to the construction of Southold Commons on Youngs Avenue, We do not feel it is needed. I told the people this afternoon to let us have their vlews~ get up and speak. I don't think anyone here is going to change the To~n Board's view point, mine, but it would help us when we prepare the letter that I will be asked by the Town Board to reply to this letter of HUD. Before Ivask for the resolution to be voted upon, passed and voted upon, does anybody wish to get up and speak on this or any Town Board members wish to say anything prior to it fi.rst. Town Board, you got anything to add on what I said? COUNCILMAN DRUM: I think we all strenously object to the whole concept and that we feel there is no need in our community at this time~ SUPERVISOR PELL: I will ask you to speak into the mikes so we can record it and everybody can hear what you have to say. I will ask you To start first by saying your name. Mr. Price. WILLIAM PRICE, JR.: I am attorney representing several residents in the Town of wouthold who would like to make their views known. We would like to present a petition to the Town Board which reads as follows: "We, the undersigned, being residents of the Town of Southold, Suffolk County, New York, and being persons concerned with the development and orderly growth of the Town of Southold, do hereby petition the Town Board of the Town of Southold to take whatever action said Board may deem appropriate to prevent the proposed development of property between Horton's Lane and Youngs Avenue (also known as Railroad Avenue) north o~ the Long Island RailrOad property (Suffolk County Tax Map Nos. Dist. 1000 Sec. 63 Block Lots 28 & 29) as high density multiple residences." This petition, I believe, is signed by 378 residents of the Town of Southold. I have been asked by my clients to speak concerning their opposition to the proposed Section 8 housing within hamlet of Southold. There are three basic reasons in their opposition. The original applica- tion with site plan approval for multi-family development in the ~rea is based upon the assumption that there was public water avail- able at the site. At this point in time it is questionable whether or not the Greenport Water System has the capacity to support such a development which I believe, as proposed, consists of 153 separate dweliing units. Secondly, the construction of low income housing within the hamlet of Southold is ill advised because of lack o£ opportunity for employment. The individuals who would reside in such a development would be without the opportunity or the hope of e~evating themselves in an economic sense. This being because of the lack of industry and high employment in this area. ThirdIy, even though in the initial application for change of zone at this location there were statements made concerning the minimal effect of development on the student body of the Southold School District. This is not a certainty. For example, even an increase of approx- imately 100 students to the student body would be an increased:of ten percent with a commensurate requirement for funding. Now, where would this funding come from and who would be affected the most? Those would be those individuals residing with that school distr~ct who are on fixed incomes who would not qualigy for this low t~mcome housing either for income reasons or other reasons. Let me state that in the application it is stated that the approximated monthly rental ~or a two bedroom apartment would be in excess of five hundred dollars. While the original applicants for the change of zone, the site plan approval and for two variances may cite changed circumstances as their reason for not developing the area as'they proposed and for recon~:lder!ng representations made at the public hearing for change Of zone, so should the Town of Southold. We have a change in the availability Qf public water~ the economic opportunities requirements have changed since 1972 and the tax burden ko the-res:idents in!the school district has definitely changed since 1972. Now, one additional point. HUD is requesting that this Town Board state whether or not the proposed development iS in compliance with local zoning. submit that from the information received by this Board, this Board cannoz state whethe~ or not the proposed development is in compliance with the local zoning because no actual site plan was s~bmitted with HUD's request for information. If any of the items on the original site plan have been changed~that would require an amendment to the site plan obtained by the original applicant pursuant to your Code Section 100-132. ~f there have been changes this applicant is not in compliance with the local zoning and this Board should take no favorable recognition whatsoever. Thank you for your time. SUPERVISOR PELL: Next, Mr. ~eyer CHARLES MEYEr; S~uthol'd: !nlt~ally~I'd like To quote a couple 'of statements from the pabl~ic hea~ing Of May 9th., 1972 ~t 8:0~ p.~. before the Southold Town Board. The appl'lcant at that time~ Barry Hellman. These are d~rec~ quotes, "We are-not planning to resell, we dog, not intend to use public funding or federal funding~ Wa intend to~ build a class project of town~ouses. ~t will be aimed'at the middle class, and will come in the two hundred to three hundred per month zone."The applicants a~so stated thatthey did not expect the propoaed de~velopment to increase school population hy more than 32 students, rnitially ~ want to submit that the Planning Board and the zoning chan~e was based upon those statements. Those statements are no longer true. They do not apply, Certainly the property is to be resold, certainly it is not intended £or middle class funding between the two or three hundred dollar range, it is now intended for $433 to $514 dollar range so initially we request a review o£ the whole zoning process. We want to know whether there isn't a legal pr.ecedent in the past that when you state something is changed because of a specific project and then that project is notlonger continued or no longer built if there isn't a very very good legal reason for reviewing the zoning and not applying the same zoning to a new project. We say that this is very very possible. Obviously it is not in the best interest of the Town of southold to provide low income housing because we do not have the employment. The appli- cant states that they would have a maximum of 32 children going into the school district. There is no way that any applicant can restrict the number of people that will enter into those one bedroom or two bedroom apartments. It is very conceivable that the number might be 50, that the number might be 100, that the number might be 150 students before we were finished. I also noted on the original application by Nan-Pat Realty Corp., they say that they are going to 100% f~ndi~g from the United States Government. This means, in short, ladies and gentlemen, and members of the Board, that a~ter this projec~ is completed they have a mortgage for 100% of the costs. After the project is completed and they have made their money through building, through construction, through whatever other means they're gQing to make money, they can walk out of this Town, HUD is forced to foreclose and all of a sudden the United States Governmetn owns a large low income project sitting up there. This means we lose control over it completely, God knows who would control it after that or what restrictions HUD would put upon it. It means that our lOcal Town governme~n and our control over our own destiny suddenly disappears. We will be at the mercy of the government the same way as the Bronx, the same w~y as certain projects in Rooiverhead have ended up at the mercy of the ~overnment. ! submit that the people of this community want nothing to do with this sort of development and that the Town Board should do everything in its power to stop it by legal means~ by zoning means and by whatever other means anybody can dream up. SUPERVISOR PELL: I have one thing to say, I'm glad I told you all how' the Town Board feels before --- Anybody else have some comments to say? JAMES LOCKNER, resident of Southold Town: B~rrough President Stein in Manhattan, in a report in the New ¥o~k' Times has said that low ~ncome projects mean an increase in crime and deterioration ia social conditions, which is absolutely true if anybody has past the development on East Main Street in Riverhead. We should c~ncern ourselves w/ith the safety of the Town. Another problem. Somebody ms-ut run this development when it is built and has been said the most emotional relat~ionship in lefe, outside of marriage, is landlord tenant relations. And that means' you gentlemen of the Board are going to h~ the landlord and tenant and when the time comes that'somebody has to be pu~ out for nonpayment or misbehavior as happens, you will have all ~ the burden of all kinds o~ extraneous comments and complaints. It's a danger to have a project like that in a place like this and I hope that the Town Board will continue its opposition. ~UPE~ISOR PELL: Anybody else? Mr. Axion in the back of the room. NELSON AXIEN: HUD cannot justify building an apartment complex in the v~ll~ge of South~ld. A farmin~ area where there is a surplus of housing at present. Southold is in the middle of a farming community. The farming principally dd~e by machine. Southold is ~u~rounded hy ~ater, a seasona~ resort community. TO impor~ people to fill apartments would be a crime. We have no industry to speak of. We live on a deadend of Long Island. The prime need for successful industry is other industry to compliment and support it. Jobs are the prime requisite. In Suffolk county, of which w~ are a part, the Town o~ Bro6khaven yearly has had 450 hour foreclosures in a short period and this::is continuing. This also is spilling over into our sister vowns. Lack of employment. In addition, Southold Town has a real shortage of good water in certain areas. This is no place for the applicant's development in Southold Town and this is what we a~e talking about. Thank you very much. SUPERVISOR PELL: Mr. Berryman, President o£ the Greenport Chamber. JOHN BERRYMAN, Greenport-Southold Chamber of Commerce: The Directors of the Greenport-Southold Chamber of Commerce are opposed to the concept of low housing, iow rental units in the hamlet o£ Southold and to this end we conducted a mail survey o£ real estate brokers in the Town. We mailed out a little over twenty letters zo a little over twenty brokers and as of this date we have received zen responses. The idea behind this was zo find out how much demand there was for low rental housing units in the hamlet. As of 2:00 today we received replies from ten repsonses with only thirteen requests for rental units in this area during the whole past year. We'd like to give this to the Board for their use in preparing their reply. SUPERVISOR PELL: The TOwn Clerk will be glad to accept it. Anybody else wish to be herad on this? If not, I Will ask the Town~.Board zo pass a resolution opposing Southold Commons. On motion of Councilman NIckles, seconded by Councilman Murdock, it was RESOLVED that Supervisor William R. Poll III be and he hereby is authorized and directed To consult with Town Attorney Tasker and send a letter to the Department of Housing and Urban Development registering the opposition o~ the Town~Bo~rd of the Town of Southold To the proposed project entitled "Southold Commons: at Southold, New York, citing the following reasons: This project would, if approved and built, constitute the largest housing complex in the history o£ the Town of ~ buthold. It would also be located in an area of the Town which az the present time, has an adequate supply of housing units zo meet the needs of the locality, ar a monthly rent far below the monthly rents to be charged by the applicant. One o£ the most critical factors in considering this project at the present time is the availability of an adequate supply of safe drinking water; further such a project would bring an influx of an additional 146 families into Southold Town which would have an adverse effect on the local economy. The principal elements of the local economy are agriculture and tourism, neither of which is labor intensive, and both of which are seasonal. To allow additional housing ~o be built would do nothing but aggravate an already serious unemployment problem. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. SUPERVISOR PELL: Now it's going to be interesting to see what goes on. Item No. 13 is to hire beach attendants for the various beaches. 13. On moiion of Councilman Drum, seconded by Councilman Nickles, it was (a) RESOLVED that the Town Board o£ the Town of Southold hire Beach Attendants, to be specified by the Supervisor, at a salary of $3.75 per hour and the Supervisor is authoriaed zo hire additonal Beach Attendants as needed. Vote o£ the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted_ SUPERVISOR PELL: The second part of that is to hire lifeguards for the summer. 13. On motion of Councilman Nickles, seconded by Councilman Drum, it was (b) RESOLVED thatf, the Town Board of the Town o£ Southold hire upwards of 19 lifeguards for the summer season, names to be speci£ied by the Supervisor and salaries to be set based upon experience. Vote df the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: What we just did, in case you couldn't hear, the Board gave me authorization to hire the Beach. Attendants £or the year that we need at Gull Pond Beack, Town Beach., New S~ffolk Beacg and the Lifeguards that we need for the various, beaches-. We employ only 12 lifeguards, but to get us through last year r think we had to go through. 19. Some will ~ork for one month, take a month off and go somew~e'r'e els~ and the Board gave me upwards of the same amount to hire as last year ~ithin the budget strengths.that ~a~ set up. The only difference that.we have made l~ in the Beach Attendants. We did abolish one position in .Gull Pong B~aoh. Gull Po.nd Beach. used to be staffed from 6:00 in the morning until 6:00 st.-night. We are going to staff it this year like we do the Town Beach, ~rom 11:00 to 5:00. One of the reasons why I recommended to abolish thi~a posit~n to the Town Board was because of ~unds. We gave thses people a raise. They were getting paid last year $3.00 per hour, 10, 1980 145 thi~ year we ra~ed the~ to $3.75. By doing so we overshot the raise that was in that line item in the budget. This is my area where I live, I do not feel we need that person there a~.,6:00 o'clock, I feel that we can operate as we do az the Town Beach. We did eliminate that one position. Other than that it is just like it went l~st year. Alright, the third part of this resolution. 13. On motion of Councilman NIckles, seconded by Councilman Murdock, it was (c) RESOLVED that Theodore B. Howard be hired as a Beach Patrol Officer at a salary of $5.00 per hour for four hours per day, seven days a week for the period from June 26, 1980 throagh September 1, 1980, and he be under the supervision of the Chief"of Police. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman NIckles, Councilman Drum, No: Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: The reason why I voted no is it is another position I recommended to the Board to abolish. I felt we didn't need it in the budget. It was a little bit tight in this range, but the Town Board feels for various reasons they wish to keep it in. So I will abide by the Town Board's decision. Mr. Howard will be back to w~rk again this year. We move on to number 14. This is where we transferred the funds from before from Federal Revenue Sharing Funds into the Town so we can hire a consultant to work on our bond road improvement. 14. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that ~he Town Board of the Town of Southold engage the services of Holzmacher. McLendon and Murrell_ P.C. for the purpose of preparing the Phase ~ - Engineering Survev and Evalaation for a Highway Safety Program, and be it further RESOLVED that Supervisor William R. Pell III be and he hereby is directed to enter into a contract with the H2M Corp. for the ~f~me- said services in the amount of $11, 000.00.~ Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Conncilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 15. Southold-Peconic Senior Club requests two buses to go on a bus trip t.o Westbury. 15. On motion of Supervisor Pell, seconded by Councilman NIckles, it was RESOLVED that the Seniors Club of Southold-Peconic, Inc. be ahd they are hereby granted permission to hire two buses at a cost of $250.00 each to transport them ~o W~stbury Gardens on June 20, 1980. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Mnrdock, Councilman Nickles. Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 16. On motion of Councilman Drum, seconded by Councilman NIckles, it was RESOLVED that the Mattituck Cub Scout Pack #39 are hereby g~anted permission to use the roadway west of East Side Avenue and Bailie Beach Road, Mattituck, NewYork between the hours of 3:00 P.M. and 5:00 P.M. on Saturday, June 21, 1980 for their annual "Cubmobile Derby", provided the necessary and proper insurance is obtained to hold the Town of Southold harmless. Voteof the Town Board: Ayes: Councilman Sullivan, Councilman ~urdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. SUPERVISOR PELL: Number 17 is one that we are looking at very carefully, all of us. Peconic County Home Rule Request. We have an (_a) and a (b) on this. The (a) will be Senate Bill number and we will take that one first. 17. On motion of Councilman Murdock, seconded by Councilman Nickles, it (a) RESOLVED that the Town Board of the Town of Southold approves a Home Rule Requesv to the New York State Assembly requesting the enactment of Assembly Bill No. 6791-C entitled "AN ACT to erect the county of Peconic from the territory now comprised of the towns of East Hampton, RiYerhead, Shelter Island Southampton and Southold, in the county of Suff01kt', and be it further ~ESOLVED that the Town Clerk be and she hereby is directed to execute the necessary forms and. submit them to the New York State Assembly. Vo~e of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock,'Councilman Nickles, Councilman Drum, Supervisor Poll. This res-olution was-declared d~ly adopted. !46 JONE lO, 19so 17. (b) 18. 19. 20. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold approves a Home Rule Request to the New York State Assembly requesting the enactment of Senate Bill No. 4771-C entitled "AN ACT to erect the county of Peconic from the territory~now comprised-of the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold, in the county of Suffolk" and be it further RESOLVED that the Town Clerk be and she hereby is directed to execute the necessary forms and submit them to the New York State Wenate. VoTe of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On moiton of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Suffolk County Depar~men~ of Health Services~ Bureau of Vector Control to conduct a gypsy moth survey in the Town of Southold du ring the coming summer season, and lend the assistance of the Southold Town Conservation Advisory Council in this project. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly ~dopted. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that Supervisor William R. Pell III be and hereby is authorized and directed to attend a Technical Assistance Workshop on Local Financial Management Practices in the Small Cities Program on June 17 and 18, 1980 from 9:30 A.M. until 5:00 P.M. each day in the Federal Office Building, 26 Federal Plaza, New York City; and all expenses for travel, lodging and mealw shall be a legal charge against the TOwn of Sonthold. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution w~s declared duly adopted, SUPERVISOR PELL: Number 20 is-perhaps someth.ing I am going to handle~myself. Southold Town has a Nutrition Program and our leader in the since 1974 has been ~ary Tuthill, Dr. Tuthill~s wife. She svarted this. in 1974 and this year she decided it is time for he~to retire. She is. well past the retirement age and her husband iS well past it ~o and they really want mo slow down a little. S~uthold Town+s~ Nutrition Pro,ram puts out-the cheapest meal of any in.Sn£folk County. We can compare our program aga%nat any and we come out with the bes~ ecomonlc and balanced meal that they can put ou~. It is at this time that she offers her resignation effective July 1 and this Town Board has been asked to accept and I will say we accept with regrets. Moved by Supervisor Pel%, seconded by Councilman Drum, WHEREAS, Mary B. Tuthill~ Site Manager of the SouthOtd nown Nutrition Program for t~ Elderly will retire from public s:em~oce effective July 1~ 1980, after faithfully serving this program since March. 1974, and WHEREAS, Mary B. Tuthill has given generously of her time and ~.alents in her faithYul service to the Town of Southold and County o£ Suffolk o~ficials and residents, and WHEREAS. Mrs. Tuthill's record of fine service desreves the sincere gratitude of those with whom and for whom she worked,~d WHEREAS, the Southold a own Nutrition Program for The Elderly will be deprived of her wise counsel and judgemenv, without which this progr~a~n~_ would not have become the foremost in the County of ~u£folk, no~, therefore, be it ~'c RESOLVED that the Town of Southold hereby expresses their most sincere appreciation to Mary B. Tuthlll for her unselfish and wholehearted cooperation and untiring efforts on behalf of th~ Southold Town Nutrition Program for the Elderly, and accept with sincere regret her decision to retire, and extend their best wishes for the years ahead, ahd be it further RESOLVED that a copy of this resolution be forwarded to Mrs. Tuthill and entered in the permanent record of this Town Board meeting. Vote of the Town Board: ~Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum~ Supervisor Pell. This resolution was declared duly adopted. JUNE 10, 1980 21. COUNCILMAN NICKLES: Bill, are you gQ!tug to call for resumes on this job? SUPERVISOR PELL: Yes, good point. I would call for anybody who would like to apply for the Site Manager's job to submit resumes to the Town Board. The Town Board meeting which is the 26th I will ask the Town Board to appoint a replacement for her. I have asked the Office of the Aging who controls this to help interview people for this job because it is operated under the Town but through their funding. So I do hope people will have resumes. I know I hm~e had four telephone calls already of people who are interested in the job. I would try to have the appointment made, Well it will have to be made by the, I hope by the 26th, next time we meet. Move on to 'Number 21. This is a~reptition of years past. The Town Board hires a Bay Constable for Fishers Island at the sum of $1,000.00 per season and the gentleman who holds this job is Kenneth L. Edwards. I will offer at This time to hire him again this year at the same rate of pmy. On motion of Supervisor Poll, seconded by louncilman NIckles, it was RESOLVED that the Supervisor be and he hereby is authorized and directed to enter into an agreement with Kenneth L. Edwards as part- time Bay Constable for the Town of Southold az Fishers Island at a sum of $1,000.@0 for the period commencing June 15, 1980 and ending on September 15, 1980; Mr. Edwards zo furnish a suitable boat together with the necessary outboard motor and requi~ed equip- ment for the operation of said boat and be responsible for any and all expenses for the repair and maintenance of said equipment; the Town to pay all expens.es £or £ueI required for the operation of the boat of Kenneth L. Edwards while performing services for the Town Vote Of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resol~ion was~declared duly adopted. SUPERVISOR PELL: Number. 22 is a trailer per~$.t~ [ know different people have called myself. I h~ve one letter from Mrs.. Kent on it. ~e discussed it at ~oKrd tod~y. Superintendent O~ Highways Dean went down zo inspect the location of the trailer in East Marion. It was put there by the 'firm who is doing the work on the stone wall. Mr. dean's reply back to us was' and ! think I got it right, maybe one of the councilman can correct me if I'm wrong, that the trailer he put--kept on the present site where it is, be moved back 50 ft. ~rom the bulkhead ontthe west side of the line~ and no construction equipment ~o be parked on the propert, y. MRS. LIMOUZE: What about the construction equipment? SUPERVISOR PELL: The conditions were recommended by Mr. dean: the trailer be moved 50 ft. back from the hulkhead, placed on the west side of the property and no commerical equzpment be allowed to be kept on the property. That was the recommendation from Mr. dean to the Town Board. 1 know we have people here who want to discuss this before we take a vote on this we will be more than willing to listen. MRS. JOHN KENT: This trailer which is a trailer containing three air conditioners and is to be used to make drawings or what. The unit as such, I suppose the County has ample space to put it some place except one private property for which someone ~s getting reimbursed, r suppose. COUNCILMAN DRUM: That ~Kdrmation is not available to us. ! assume they are. MRS. LIMOUZE: I have been told they are. MR. KENT: Yes, and the County has, right on the causeway, a~ple space for a trailer. SUPERVISOR PELL: We did ask Mr. dean to look at the space just east of the b~idge, that big triangle peice in there and consider requesting them to locate it there. COUNCILMAN DRUM: That's where, perhaps, some of the heavy equipment theK will be using will be put because there will be equipment that they will be us-ina daily and they need someplace to put ~t. tt8 lo, Mg KENT: This belongs t'o the County and it doesn't cost the County a nickel and the power is right there. MRS.;: LIMOUZE: I was going to make a suggestion. You have also Truman Beach which is State property where the fellow could very well go. SUPERVISOR PELL: That's a park district, Orient Pa~k~D%szrict. MRS. LIMOUZE: Yes, but it is better than on a residential area. MRS. MILLER: How would you like to have residential property with three great big air conditioners running and it's like living in a trailer park. Some people pay their taxes like anyone else and we cannot enjoy the beautiful beaches that we have year round. I am sure there will be occasional equipment thaz will go in and out that has problems. My personal opinion is that it is the biggest porta potty in the east. Are~.all of these men going to drive into Greenport or Orient to go to gas stations and then come back to this palce? Are they all going to pick up their garbage, are they all not going to go down and put their feet in the water? It will be there for six months, the prime time of the whole year. On one side I have the Mallard Inn which may succumb to the unsafe, burned, collapsed alause, and now on the other side is rising up this enormous construction zrailer, it must be about 70 £eet~ Enormous. SUPERVISOR PELL. You live right inbetween. MRS. MILLER: Yes, isn't thaz lo~ely, and I ha~e some~_summer rentals which I derive income from. MR. KENT: Why this industrial production which is going to go on for az least six months and has to sit on a private property which is prime property. I suppose the owner who owns this mud hole would be happy to sell it. MRS. MILLER: This is the whole point. It has also been illegally filled, which I am not objecting to. The man, Penny, bought the lot and immediately sued me for putting water on his lot which comes from=--It is another whole issue. Then he proceeded to put all kinds o£ fill and none of the neighbors said anything and very nearly killed a lot of zrees and bushes. We didn't say a word. Now he is proceeding to put the trailer plus all of the fill that is coming from the highway is going in there with car on it. We already are having a water problem. This is not going to do us any good. I think that the Town.~could make better use of an other area, possibly the beach and get the renzal from it and possibly use the fill. Why shouldn't the Town have the income instead of jeopardizing us The Building Departyment tells me no one can put a ~railer in ithis area unless they have a building permit to 'build a house. And they have not filed a permit. Also, the trailer went in before he for a permit. Now, I do nor believe ghis is- the way to do things. That was seven to ten days ago. The trailer was there before that. SUPERVISOR PELL: The application was made on June 4t.h. The Town Clerk received it. I will ask the Board if they will ruble this, lay it aside and give the Board a chance. This was just brought to our attention. We did send the Superintendent down to 1.ook at it and I think I will ask the Board if they would lay this aside Until we can make a further investigation if they have no objections to it. (The Board agreed.) MR. KENT: The problem is, Mrs. Miller became q widow a short time ago and would like us to rent her house for the season adh under the circumstances I can't see why anyone would want to rent a ~ouse under those conditions and this lady needs whatever help she can get. MRS. MILLER: It is rented already. SUPERVISOR PELL: The Board will.table this,, lay it aside until we have had a chance. It is new to us, it was new this day-. We wenz down there last night to look ay it after a fire code meeting we had. hearing we had, in Orient~ we got doused with rain, it was raining hard last night and we did not get our of the cars and walk it. We want more time zo ~uest%on and investigate it. UNE lo, 198o 149 22. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold lay a~ide the application of George L. Penny 3rd for permission to locate a trailer on-the properzy of Mollie Driscotl and Elizabeth G. Penny, 400 feet west of the Causeway on the south side o£ Route 25,~East Marion, New York; said trailer to be used by the engineering staff of the New York State Department of Transportation during construction work on the Causeway. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nidkles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 24. On motion of Supervisor Pell, seconded by Councilman Drum,.it was RESOLVED that one Building Inspector from the Southold Town Building Department be and he hereby is granted permission to attend the Solar System Installation Inspection Seminar at the Hilton Inn at J.F.K. Airport on Tuesday, June 24, 1980 from 9:00 A;;M. to 3:30 P.M., and expenses for travel and $35.00 registration fee shall be a legal charge against the Town of Southold. Vote of the Town Board: dyes: Councilman Sullivan, Councilman Murdock, Councilman N$ckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 25. I am going to ask Councilman NIckles to go iA~.o it and perhaps in detail explain it a little bit to you. so you can all understand it. COUNCILMAN NICKLES: For the past several years the Town Board, Mr. Martocchia, followed by Mr. Homan and now the new Board have been meeting with the North Fork Animal Welfare League to discuss contracting out our dog services and this year we have made great strides and we have a proposed contract which the committee that Bill and I served on are offering now to the Town Board for their a~roval. What this amounts to is that the Town will still collect all their dog fees in terms of licenses and redemptions. The North Fork Animal Welfare League will contract with the Town to provide all those services that our dog warden now provides in terms of collecting the dogs, bringing them to the pound. They'll manage the pound, take care of euthanasias, disposition of the dog, whether they go out ~eet first or they find homes for them. What the League's hope is that they'll be able to run this pound and perhaps ~ a better manner than the Town has been runnin~ it and provide more humane service to the animals up there. It is for dogs only and does not include cats. What we propose is a one year cont~acz for the sum of $28~000.00 which is what the Town will be p~ying the League to provide those services. This week the Supervisor and I met with. the head bookeeper and auditor and we reviewed the cost O~ operat~ng a dog pound and last year it was slightly under $27,000.Q0 Our revenues last year, I donlt recall what they were, r th~nk about $9700.00 This year we are anticA~ating revenues maybe a little in excess of $16,000.00 because of an increase in d~g license. Any of ~ou.who have a dog knows they've gone up ~uhstant~ally as set up by the State Agriculture Department. You can see it's a cash net flow not in favor of the Town in running the dog pound. It is our hope that we are going to have this one year trial with the Animal League, let them run it and hopefully the dogs will be happy, the people will be happy and will not be, which is also importanz, an additional expense to the Town:. So therefore I will offer the resolution. 25. On motion of Councilman NIckles, seconded by Supervisor Pell, it was RESOLVED that Supervisor William R. Pell III be and he hereby is authorized and directed to enter into a contract between the Town of Southold and the North Fork Animal Welfare League, Inc. ufld6r the terms of which the North Fork Animal Welfare League, Inc. will provide dog control services and dog pound and shelter services for a term of one year commencing July 1, 1980 or the first of the month following the filing of the amended Incorporation Certificate of the North Fork Animal Welfare League, Inc. with the State of New York, at a contract price of $28,700.00 Vote of the Town Board: Ayes: councilman Sullivan, Councilman Murodck , Councilman NIckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 26, a bill on Coastal Zone Management. '50' lo, MR. FRANK BEAR: ! wanted to have the same opportunity to speak before the Board's action that you accorded the other people here. I attended the work session of the Town Board today from the beiinning of your discussion of the agenda, number 1 through number 26 which you are now addressing. You spoke previously on that very briefly and referred to it under number 7 under reports on page 1 of the agenda. At that time it was state, if I am not mistaken, that you were waiting for an opportunity to discuss this ,~ with Senator LaValle before taking any action. I attended this meeting and stayed through it all through this exciting agenda all morning up until the time that you had adjourned for lunch and at that time no word was spoken beyond what I just mentioned. in reference to this, at least within my hearing and I was in the room all the time and it was when the work session was going on from reports I until the adjournment for lunch. This afternoon ~ at about 4:15 after another three hours or so of excitement before the Town Board~ The vote was going to be no on it and moved quickly on to number 27. I've asked you and Councilman Nickles this evening when discussion was held on this because that was why I was hanging around all day to hear the discussion on it and I still haven't quite found ou~ when it happened. I understand it was before noon and if it was before noon I was there and there was nothing said in my presence when I was there. I am concerned about this because this is a matter of deep concern to the entire north fork and south fork. The Coastal Zone Management study which was conducted with federal funding by the Long Island Regional Planni~ Board came up with a large number of recommendations of which would affect this entire area. Within those recommendations two areas within the Town of southold have been designated as areas of particular concern. One of them is the area around the Mattituck Inlet and the other is the Village of Greenport and the entire coast line, of. course, of the Town is of particular concern to us. It seems to me that it would be helpful if the Town Board would be willing to delay action on this tonight until it had an opportunity to hear some discussion on this matter by persons who are coneerned with this in ~e Town, no~ just myself, but many others. To revie~ what the Coastal Zone Management study has s~ated as far as the Town is concerned and I --~ would hope that after doing so that the Town Board would then be ~ willing to consider supporting the State Legislatures, the Bill ~ before the State Legislature is participate in this program and participate in it in a w~y that we could get federal funding and that this would be a great help to the Town of southold and there£o~e urge you to delay this until your next meeting and give the people of the Town, there are some people who are concerned and informed on this matter, an opportunity to speak a~ the work session before a decision is made. Thank you. SUPERVISOR PELL: Thank you Mr. Bear. Back to Senate Bill No. 9701. Gentlemen, you heard Mr. Bear's request to table this until nex~ Board meeting. What's your pleasure? COUNCILMAN MURDOCK: Was Senator LaValle's office so urgent this morning? You talked to the office, Bill. SUPERVISOR PELL: Mr. LaValle's office called this morning just about the time we se~ down at 10:00 o'clock, Mr. Bear, and put on hold and that's when we discussed it right at that time. When we all got there it was just abou~ 10:00 o'clock sharp. I am going to say maybe five of or five after, I don't remember the exact time but we put them on hold at that time. I don't know why Senator LaValle's office was in such a desparate need to know right today. That is when we discussed it, right at that time. ~ MR. BEAR: Then I don't know why you didn't tell us when you got down to item number ~ on the agenda this morning. I sat through the entire session waiting for an opportunity ~o be heard on this matter. 26. The entire Board agreed to table a resolution pertaining to the Town Board's views of proposed legislation before the New York State Senate, Senate Bill No. 9701, entitled '"AN ACT ~o amend the environmental conservation law, in relation to development in coastal erosion hazard areas". 27. 28. 29. 30. 31. JUNE 10, 1980 15/; SUPERVISOR PELL: I will call Senator LaValle's office in th~ morning and talk ~o him to see when his deadline is and Mr. Bear you can contact me Tomorrow and I will see how much time we have to wait before Southold town has to make input or we might lose our chance on input. On motion of Councilman Sullivan, seconded by Councilman Drum, it was RESOLVED That the Town Clerk of the Town of Southold be authorized to advertise for bids for the following for the Highway Department: 10,000 ft. of Snow Fence, more or less as may be needed. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED thatthe Town Clerk of the Town of Southold be authorized to advertise for bids for the following for the Highway Department: 500 - 6 ft. Snow Fence Posts, more or less as may be needed. 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 Town Clerk Of the Town of $outho~d be authorized to advertise for bids for the following for the Highway Deparzment: 300 tons of bulk Rock Salt, more or less as may be needed. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PEAL: Number 30 is a permit required by the DeparzmenT of Publid Works for the County zo dredge Brushes Creek. Moved by Supervisor Poll, seconded by Councilman NIckles, WHEREAS, the Town of Southold has requested'the County of Suffolk to dredge a navigation channel in Brushes Creek, Town of Southold~ and WHEREAS, the ~ounty of Suffolk proposes to do said dredging of Brushes Creek, in the Town of Southold aT a nominal cosz to the Town of SoUth~ld, and WHEREAS, in order To accomplish said dredging, plans, specifications agreements and other documents must be executed on behalf of the Town of Southold, now therefore, be it RESOLVED that the Supervisor be and he hereby is authorized To execute ob behalf of ~he Town of southold, all necessary plans and specifica- tions, spoil a~ea agreements, assurances to the County of Suffolk, licens:e and/or dredging permit applications To Federal and State Agencies and all other documents that may he ~equi~ed zo .accompliah. ~ ~ " S S sa~d dredglng work, and update the res:otut~on and a,.s~urance~ reviousi executedec by the Town Board of the To~n of Southo'ld p y ....... . on the llth day of April, 1972. Voteof the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum , Supervisor Poll. This resolution was declared duly adopted. Moved by Councilman Sullivan, seconded by Councilman Nickles, WHEREAS, the Town of ~outhold has requested the County of Suffolk ~o dredge a n~vigazion channel in Cedar Beach Harbor Inlet, Town of Southold, ~nd WHEREAS, THE ~ounty of Suffolk proposes to do said dredging of Cedar Beach H~rbor Inlet in the Town of Southold at a nominal cost to the Town of Southold, and WHEREAS, in order to accomplish said dredging, plans, specifications:, agreements, a~d other documenzs must be executed on behalf of the Town of s.outh~ld, now, therefore, be it RESOLVED that the Supervisor be and he hereby is authorized to execute on behalf of the Town of Southold,._all necessary plans and specifications., spoil area agreements, assurances to the County of Suffolk, l~cens.e and/or dredging permit applications to Federal and State Agencies and all other documents that may be required to accomplish sa%d dredging work, and update the resolution and assurances previously executed by the Town Board of the Town of Southold on the 11 day of Apr~I, 1978. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nlckles, Councilman Drum , Supervisor Pell. This resolution was declared duly adopted. i152 lO, 198o 34. 35. 32. MOved by Councilman Sullivan, seconced by Councilman Nickles, WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Goldsmith Inlet, Town of Southold, and WHEREAS, the County of Suffolk proposes to do said dredging of Goldsmith Inlet, in the Town of Southold at a nominal cost to the Town of Southold, and WHEREAS, mn order to accomplish said dredging, plans, specifications agreements and other documents must be executed on behalf of the.Town of Southold, now, therefore, be it RESOLVED that the Supervisor be and he hereby is authorized execute on behalf of the Town of Southold, all necessary plans and specifications, spoil area agreements, assurances to the County of Suffolk, license and/or dredging permit applications ~o Federal and State agencies and all other documents that may be required to accomplish said dredging work, and update the resolution and ~_ assurances previously executed by the Town Board of the Town of Southold on the 23 rd day of March, 1976. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman N~ckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. MR. HENRY LYTLE: Mr. Supervisor, is there any delineation there, is it the amount of dredging or what. COUNCILMAN DRUM: This is basically only maintenance dredging. Just the very entrance to the chanmels so it permits the flow of water. MR. LYTLE: No inside dredging? MR. MURDOCK: No canals or creeks. COUNCILMAN DRUM: This really doesn't get into Trustee waterways. Moved by Councilman Nickles, secon4ed by Councilman Sullivan, 33. WHEREAS, the Town of Seuthold has requested the County of Suffolk to dredge a navigation channel in Wickham Creek, Town of Southold.~ ana WHEREAS, the County of Suffolk proposes to do said dredging of Wickham Creek, in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order To .accomplish said dredging, plans, specifications, agreements'and other documents must be executed on behalf of the Town of southold; now', therefore, be it RESOLVED that the Supervisor be and he hereby is authorized to exeucte, on behalf of the Town of Southold, all necessary plans and specifications, spoil area agreements, assurances to the .County of Suffolk, license aa~/or dredging permit applications to Federal and State Agencies and all ~t~her documents that may be required accomplish said dredging work, a~ update the resolution and assurances previously executed by the Town Boar~g~ the Town of Southold on the 7th day of June 1977 Vote of the Town Board: Ayes: Councilman Sullivan, Councilman ~turdock, Councilman Nickles, Councilman Drum,~Supervisor Pell. This resolution was' declared duly adopted. SUPERVISOR PELL: Number 34, appointment to the AsseSsmen~ Review Board. I believe the Board is ready to make it. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that Samuel S. Markel be and he hereby is appointed a member of the Southold Town Board of Assessment Review to fill the unexpired term of Mabel Lytle which expires on February 22, 1984. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman ~urdock, 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 the Town Board of the Town of Southold accepts, with regret, the resignation of Muriel Tolman as the Town Board representative to Community Action Southold Town Board of Directors, ~o become effective immediately, and'~be it further RESOLVED that a letter be forwarded to Ms. Tolman thanking her £or representing the_Town on the CAST Board o~ Directors. Fore,of the Town Board: Ayes: Councilman Sullivan,. Councilman Murdock, Councilman Nlckles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 1980 I53 36. 37. 38. 39. 40. 41. On motion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold accepts, with regret, the resignation of Jacqueline Baker, Clerk-Typist in the office lof Justi6e Frederick J. Tedeschi, ~ffective July 10, 1980, and be it further RESOLVED that a letter be forwarded to Mrs. Baker thanking her for her service to the Town of Southold and wsishing here success in the future. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This r.esolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman Sullivan, it was RESOLVED thatthe Town Board of the Town of Southold hereby releases the pa:ssbook in the amount of $2~600.00 of Charles Rand for the sub- division "Brionngloid-by-the-Sea" as recommended by the Planning Board Inspector John W. Davis. and Highway Committee members Councilmen Nickles and Sullivan. Vote of. the Town Board: Ayes: Councilman Sullivan, Councilman ~urdock, 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 Town Board of the Town of South01d transfer $179.46 from General Fund Whole Town Contingent Account A1990.4 to General Fund Whole Town Programs for the Aging Account A6772.4 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 Supervisor Pell, it was RESOLVED that the Town Board of the Town of wouthold take disciplinary action against Police Officer James J. Fitzpatrick in the forfeiture of one days pay in accordance with Article VIII, Section 12 of the Rules and Regulations. of the Southold Town Police Deparz~ent, in reference to an incident occurring on June 5, 1980, and accept the recommendation of Chief of Police Carl Cataldo in this matter. 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 the Town_Board of the Town of Southeld take disciplinary action against Radio Operator Gary M. Charzers in the forfeiture of one days PaY for the violation of RR-4 of the Southold Town Police Department, with reference to his absence from duty on June 2, 1980, 12 Midnight to 8 AM shift, and accept the recommendation of Police Chief Carl Cataldo in this matter. 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 the Town Board of the Town of Southold will hold a public hearing at the Southold Town Hall, Main Road, Southold, New York on the 26th day of June, 1980 at 7:30 o'clock P.M., at which time and place all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law providing for the enactment of a Fire Prevention Code for the Town of Southold", which reads as follows: (proposed Fire Prevention Code to be entered in the Town board minutes). ARTICLE I - General Provisions. Sec. 45-100 TITLE This chapter shall be known and may be cited as the Southold Town Fire Prevention Code", hereinafter referred to as this Code of the Code. Sec. 45-101 PURPOSE. The purpose of this Code is to establish reasonable rules and regulations to safeguard life and property from the hazards of fire, explosion, or release of toxic gases arising from the storage, handling~ or use of hazardous substances, materials or devices. Sec.5~102 - ~PPL'IC~BILITY This Code shall apply to: a-Properzy b-Materials; and c-Fire Safety Practice Sec. 45-103' MA'INTENANCE - Property and materials subject to this Code shall be maintained in a safe condition, in conformity with the provisions of this Code. Sec. 45-104 DANGEROUS OR UNSAFE BUILD'INGS OR' STRUCTURES (1) A 'building or structure which is in imminent danger to life and safety as a result of a fire or explosion shall be made safe and secure or demolished and removed by the owner thereof. (2) The occupants of any such building'or structure shall vacate the premises forthwith. No person shall use or occupy such building or structure until.it is made safe and secure. (3) Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure. Sec. 45-105 GENERALLY ACCEPTED STANDARDS The applicable provisions of the generally accepted standrads listed in Article VI hereof shall constitute the standards for safe oraappropriate practice which is required by the provisions of this Code to which they are referenced. Sec. 45-106 SEVERABILITYJ~ If a term, part, provision, section, subdivision or paragraph of this Code shall be adjudged unconstitutional, invalid or ine££ective, in whole or in part, such determination shall not. be deemed to affect, impair, or in- validate the remainder of the terms, parts, provisions, sections, subdivisions, or paragraphs. Sec. 45-107 DEFINITIONS appropriate. Especially suitable or compatible under conditions of use. building. A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, or property. See definition of strUc'tUre. combustible. Material or combination of materials which is not non-combustible. See definition of noncombustible, cor'r'idor. Passageway or hallway which provides a common way of travel to an exit or to another passageway leading to an exit. exit. That portion of the way of departure from the interior of a building or structure to the exterior at street, or grade level accessible to a street, consisting of: a-corridors, stariways and lobbies enclosed in construction having a fire-resistance rating, including the door opening thereto from a habitable, public or occupied space; or b-an interior stairway; or c-a horizontal exit; or d-a door to the exterior at grade; or e-an exterior stairway, or ramp. fire alarm system. An installation equipment for sounding a fire alarm, fire' lo'ad. The combustible contents within a building during normal use. fi're' prote'ction eqaipment. Appartus, assemblies or systems either portable or £ixed, for use to prevent~ detect, control or extinguish'fire, fi're-and smOke'-d'ete'c'ting s~stem. An installation of equipment which automatically actuates a fire alarm when the detecting element is exposed to fire, smoke or abnormal rise in temperature, flammable. Capable of igniting within 5 seconds when exposed to flame, and continuing to burn. ge'n'elr~l'l'y' ac'cepted st_an'd'ard. A specification, code, rule, guide or procedure in the~field of fire protection or related thereto, recognized and accepted as authoritative, means of egress. An exit. noncOmb'uS't'iUle. Material or combination of materials which will not ignite, support combustion, or liberaze flammable gas when subjected to fire when tested in ac'cord~ ance with generally accepted standards, premises. A lot, plot, or parcel of land including the buildings or structures thereon. 'shaft. A vertical opening or enclosed space extending through, two or more: floors of a building or through a floor and roo~. smok'e'-'d'e'tlec'tor'sl. Devices which are activated by smoke or products of combustion. sprinkler system. A system of piping and appurtenances desgined and installed so that heat frmm a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread. 'st'andpi. pe system. An installation of piping and ! re~ched appurtenances, whereby all parts of a building can be qu ckly with an ef£ective stream of water. Structure. An assembly of materials forming a construction framed of component structural parts for occupancy or use including buildings. Vo'la't'i'l'e. Capable of emitting flammable vapor at a temperature below 75* Fahrenheit (23.9* Celsius). ARTICLE II Property Sec. 45-200 PR'OPERTY CLA'SS'~FI[CATION (_1) The provisions of this section shall establish and control the classifi- cation of property with respect to use, including mixed occupancy. (2) Property to which this Code is applicable shall be classified with respect to occupancy or use. The classification shall be in accordance with the following groups: Group Al- PREMISES OF ONE' AND' TWO 'FAMILY DWELLINGS Group A2- PREMISESOF MOBILE HOME~ AND P~RKS Group A 3- PREMISES OF RECREATIONAL VEHICLES'AND'PAR~S Group B1-'MULT'rPLE DWELLINGS Buildings containing one or two dwelling units with more than four lodgers residing with a family in either one of such dwelling units; Building containing three or more dwelling units; Apartment houses and apartment hotels; Hotels; Lodging Houses; Building with sleeping accomodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar uses; Garden Apartments; Motels. Group B2 - MULTIPLE DWELLINGS Old age and nursing homes other than group B3 occupancy. Group B3 - MULTIPLE DWELLINGS *UNE 'lO, 1,55 Buildings for senior citizens, intended primarily for persons 62 years -old or more, who are in good physical condition and do not require physical assistance. Group C1- BUSINESS Buildings in which the primary or intended occupancy or use is the transaction of administrative, business, civic or professional service. This group includes but is not limited to the following: Administration buildings, Banks, Clinics, Libraries, Offices and office buildings; Professional buildings. Group C 2- MERCANTILE Bmildings in which the primary or intended occupancy or use is the display and sale of public goods, wares, and merchandise. This group includes but is not limited to the following: Display rooms, Markets and supermarkets, Sales rooms and show rooms; Stores and shops. Group C3A - INDUSTRIAL Buildings which may be ~efquented by the public in which the primary or intended occupancy or use is repairing, cleaning, laundering, baking ~and similar operations. This group includes but is not limited to the following: Bakeries; Dry Cleaning plants; Laundries; motor Vehicle repair shops; Motor vehicle service stations. Group C3B - INDUSTRIAL Buildings in which hazardous materials are manufactured, processed, stroed, handled or used. Such material shall include products with the following characteristics: Burn with extreme rapidity; Produce dust subject_to explosion or spontaneous combustion: Produce poisonous fumes.or gases-; or Explode Group C4 - STORAGE Buildings which may be frequented by the public in which the primary or intended occupancy or use is the storage of goods, merchandise, products and ~ehicles. This group includes but is no~ limited to the following: Aircraft hangers; Cold storage; Fur storage; Furniture warehouse; Lumber yards; Open parking structures; Passenger vehicle and truck storage; Stables; Truck Terminals Group C5- ASSEMBLY Buildings in which the primary or intended occupancy or use is the assembly for amusement, athletic', dining, educational, entertainment, recreational, religious, social, sports, and similar purposes This group includes but is not limited to the following: Airports and helicopters; Amusement parks; Armories; Art galleries; Assembly halls; Auditoriums; Bowling alleys; Churches, synagogues and similar places or worship; Club rooms; Coliseums and stadiums; Dance halls; Discotheques; Exhibition halls; Grandstands; Gymnasiums; Indoor tennis courts with seating for spectators; Lecture halls; Lodge rooms; Marine public trans- portation facilities; Museums; Night clubs; Railroad and bus stations; Recreation centers; Restaurants; Schools, colleges and similar places of education; Skating rinks; Theaters; Group C6~ INSTITUTIONAL Buildings in which the primary or intended use is for persons domiciled or detained under supervision. This group includes but is not limited to the following: Child care institutions and centers; Detention homes; Hospitals and health care facilities; Houses of correction; Infirmaries; Jails; Mental Hospitals; Penitentaries; Prisons; Reformatories; Sanitariums; Group. C7- Misc'ellaneous Property in which the primary or intended occupana~y or use is not included in the groups listed above. This group includes but is not limited to the following: Cooling towers Dockside vessels serving as buildings; Free-standing chimneys; Junk yards Marinas and boaty~rds; Outdoor general storage; P~er~ and ~harve.s~; Tanks; Temporary buildings; Tents and ai.~-Snpporteds~t'~uctu~S:; ~reck~ng Sec. 45-201 FIRE IYEPARTMENT AND EMERgEnCY :~E:R~CE~:OC~:S:S A. Requirements BUilding ~:_structures and property sha~l~be provided with. unobstructed access for fire fighting and emergency service personnel~ apparatus and equipmenz. B. ~g~e'~s'l~iTit.y (ii Premises which are not really readily accessible from public roads and which the fire department or an emergency service may be called upon to protect in case of £ire, shall he provided with_ access ro~ds or fire lanes so ~tha~ all buildings on the premises are accessible to the fire department and emergency service appartus~ (2) Access roads ~nd fire lanes s~hall be adequately ma!nt~!ned and kept ~ree and clear of obsturctions at all times~ Sec. 45-202 MEANS OF EGRESS A. 6e~ra'l ~eq~irem~'n~s Propermy subject to the applicability of this Code shall be provided with sa~e means of egress. B~ Ob's/trU'c't'!ona (I] Exits shall be mainyalned t~ p~o~ide ~ree and u~obstructed egress from all parts of the building or st.ructure when it is ~ccipied. NO harrier, lock or~fastening to prevent free escape any bu!ld!n~ or s~tr~cture sh~ll be installed except in institutions where supe~v!s.~ry personnel are constantly ~n duty and ef£ectlve provisions are ~ade to remove occupants in c~se of ~ire or ~ther emergenoy. (2) Material~ shmll n~t be placed, ~t~red, ~r kepm in s~alrway~ or corridors se as obstruct er !nter£ere ~ith egress of persons from th~ building or structure~ (3) No aisle or passage~y~shall be obstructed so as.to reduce, its required width as an exit. C. Ex'it' Llgh[t'i'ng ~n~EX'~t~i~g~ than' Group' ~ OC'cnpan~y' Cl~sS'i~i'ca~ti'on (1) Interior and exterior exits shall be adequately lighted ~ all times when a building or structure is occupied. (2) Exll~s!gns shall be maintained in a clean and legible condition un~batructed hy decorations, £ur~i~hIngs or equlpmen~ and illuminated at all times when the building or'structure is occupied. 156 goNE lO, 19 o (3) Directional signs shall be provided ac locations in the public kall, passageway or corridor from which the exit doorway is not readily discernable. D. Elevator Warning Signs In buildings provided with, elevators, warning signs shall be provided and located at elevator landings advising occupants to use stairways during a fire emergency. E. Openings in Fi~e Wails and Fire Separations Doors and opening protectiYes in fire walls and £ire separations shall be maintained in good working order including all hardware necessary for proper operation. Heat actuated self-closing devices shall be hibited for exit doors. The use of door stops, wedges, or other non- automatic hold-open devices is prohibited for openings in fire walls and fire separations. F. Exte'rior Egress (1) Exterior stariways, balconies', fire escapes or ladders shall be free of obstructions. C2) Fire escapes shall be maintained free of rust. Exterior stairways fire escapes and access to open space shall be maintained free of ice and snow. (_3) Portable ladders or window escape ladders shall not be permitted for use as a required exterior means of egress. Sec. 45- 203 EQUIPMENT' ~ND' SYSTEMS A. G~neral Requirements (1) Hearing, electrical, venilitating, air conditioning, refrigerating, fire protection, elevators, escalators or other equipmenv and systems ~or ese in structures and building shall be maintained so that under normal conditions of use such equipment and systems will not be a potential da~ger to. the safety of occupants or a source of ignition. (2) Equipment and systems shall be capable of performing their functions satisfactorily without being forced to operate beyond their safe capacity. ~Fu~l~Oas~ Systems (1) Fuel gas piping systems shall be maintained gastight, sa~e, md operative under conditions of use. (2) Gas piping systems shall have at least one accessible manual valve for shutting off all gas supply. (3) An easily accessible shutoff valve, or cock, shall be provided in the piping in close proximity to, and ahead of every gas appliance, or outlet for a gas connection. (4) Spaces mn which gas meters are located shall be maintained accessible, venilated and dry. (5) Connections to the fuel gas piping systems shall be made so as to prevent gas leaks. C. Liquified Petroleum Gas Containers and Tanks (1) Liquified petroleum gas in liqui;d form shall not be stored in buildings in containers exceeding one pound (0.45 Kilogram) water capacity Maximum storage in any building shall :~-~ not exceed two~po~nds (.91 Kitogram~ water capacity, except where displayed for sale, in which case maximum storage shall not exceed ten pounds (~4.50 Kilograms) water capacity. (2) Liqulfied petro- leum gas shall not be vaporized by devices utilizing open flame or open electrical coil, except in buildings used exclusively for manufacture or distribution of gas. (3) Where two or more containers are installed, connection sh~ll be arranged so .that containers ~an be replaced without s~hutting of~ the flow of gas' to equipment. (4) Containers shall be protected against physical damage, and located so as not to be a hazard vo the premises served, Containers.shall 'rest on nonc0mhustible supports. C5) Liquified petroleum gases sh~tl be odoriz.ed ~o that the presence of gas will be recognizable by a distinctive Odor. (.6) Safety devices shaLL BE PROVIDED to relieve excessive pressure ta the outer a~, at a sage distance from building openings. (7) Systems supplied from containers not exceeding 125 gallons (_4~3 liters) of water capacity shall have at least one accessible valve for shutting off the gas. Such valve shalL:be located outside the building. (8) Systems supplied from containers exceeding 125 gallons (473 liters) of ~ater capaci.ty shall have at least two accessible valves for shutting off the main gas supply, (9) Gas service entrance shall be ~bove ground, and shall be protected from damage by settlement or corrosion. Exposed exterior wall openings located below and wi,thin 3 feet (0.91 meter) horizontal distance of gas service entrance shall be made gas tight. (10) Loose or piled combustible maverial and and long dry grass shall not be permitted within 10 feet ([3~10 meters) of any container. (11) Suitable means shall be used to prevent the accumalation or flow of flammable liquids under adjacent liquified- petroleum gas containers such as by dikes, diversions curbs or gradi.ng. D. Fuel Oil Systems (1) General Requirements Fuel oil shall be stored and conveyed by means of fixed liquid-tight equipment. (2) Storage Tanks a. Storage tanks above ground shall rest on supports that are maintained in a structurally sound condition, b. Storage tanks located in areas subject to traffic shall be protected against vehicle damage. c. Storage tanks inside buildings shall not be in a damaged or leaking condition. (3) Piping a. Means for shutting off fuel oil flow shall be accessible and maintained in safe operating condition, b. Filling empyting and venting o.f tanks shall be by means of fixed piping. (.4) Oil Burning Equipment There shall be no obstructions to oil burning equipment for the purpose of cleaning heating surfaces, removing burners, repla~ing motors,. ~0ntro~s~ air~'~-!~ters, draft regulator~ and otha~ ~k~ng pa~s~and for .~ju~$'i~'~'~ieaning and lubricating parts requiring such attnetion. E. Prohibited Fuel Gasoline shall be prohibited as fuel for heating and cooking, except for camping and outdoor use. F~ ~e'i't'i'n'~'Syst~ems (i) General Require- ments a, Heating equipmen~ for buildings and' ~it~uctures sh~ll be main- tained so as to be safe ~o persons and property, b. Use of any stove, oven, f~nace, incinerator, boiler or any other heat producing deride or appliance found ~o be defective or which creates an immediate fire hazard or imperils occupanvs shall be prohibited. (2) Prohibited Locations for Heat Producing Equipment a. Fuel-bur~ing heat producing equipment shall not be ~ocated in exits, b. Heating equipment burning solid or liquid fuel shall not.be 'located in spaces used as classrooms, dormitories or places o~ assembly. (3) Air Supply Spaces containing rule-burning equipment shall be provided with air supply for ~ombustion and for venilation of the enclosure. (4) Safety Devices. Safety devices on heat producing equipment'and pressure vessels shall no~ be rendered inoperable and shall be maintained in safe operating condition. G~ Chimneys, Flues and Gas Ve'n'ts (1) Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be maintained so as not to create a fire hazard. (2) Masonry chimneys which are cracked and which permit smoke or gases to be discharged into the h~allding, shall be made safe. (3) Metal chimney or venz connectors 'which leak or are improperly supported shall be repaired or replaced. (4) An incinerazor or a chimney which emits sparks shall be provided with a spark arrestor of noncombustible construction. Spark attesters shall have sufficient total clear area to permit unrestricted passage, of flue gases. Openings in spark arrestors shall be of such size so as' to prevent passage of embers and to minimize clogging by soot. H. I'n~i~'er~tO'r'S 'end''COmpactors (1) Service openings for incinerators and compactors shall be in a sa~e and operable condition zo prevent the PaSSage of smoke, flame or gases into the building space. (2) Incinerator and compactor rooms, shall be secured to prevent tampering by unauthorized persons. (3) Incinerator ash compartments shall be mainzained clean. (4) Discharge of lighted, highly flammable, highly combustible or explosive materials into incinerator or compactor chutes is prohibited. (5) Durable signs, with plainly legible letters, shall be conspicuously posted at service openings of incinerators and compactors stating: THROWENG LIGHTED MATCHES, CIGARS OR CIGARETTES, CARPET SWEEPINGS NAPTHALENE, CAMPHOR BALLS OR FLAKES, FLOOR SCRAPINGS, OIL SOAKED RAGS, PAINT CANS, AEROSOL CONTAINERS OR ANY OTHER HIGHLY FLAMMABLE OR H 6HLY COMBUSTIBLE OR EXPLOSIVE SUBSTANCE INTO INCINERATOR OR COMPACTOR CHUTES IS UNLAWFUL AND SUBJECTS THE OFFENDER TO A PENALTY. 1. Ele'c'trica'l''Syszems (1) Electircal wiring and equipment shall not be a fire hazard or a source of ignition for combustible or hazardous substances, materials or devices. (2) Electircal wiring and equipment shall be maintained so as to be firmly secured to the surface on which it is mounted. (3) Overcurrent protection devices shall be maintained in safe operating condition, shall not be locked or fastened in the "on" postiion and shall be accessible. (4) Grounding of electirc~l wiring and equipment shall he maintained to provi.de protection against hazard. (5) Flexible cord shall not be run through h0les in-walls, ceilings or floors; or run through doorways, windows or similar openings; or attached to building surfaces; or concealed behind building walls or above ceilings or under floors or floor coverings. (6) Wiring s~ystems- shall ~e deemed to be a fire hazard under the following conditions-: a. A switch or receptable face plate feels unusually warm or there is a burning odor in their immediate vicinity; or b. There is a flickering of lights which is not traceable ~o appliances or obvious external causes. J. Commerical 'Cooking E'qU'ipm'e'nt (1) Exhuasz systems provided ~or commer'cial cooking equipment shall be maintained in safe operating condition. (2) Hoods, grease removal devices, fans, ducts and other devices shall be maintained clean and free of grease and deposits of residues. (3) Fixed fire extinguishing systems for range hoods including component parts shall be maintained in proper operating condition. M~nu- facturers instructions for manually operating'the syszem shall be posted conspicuously in the kitchen. (4) Fire dampers shall be maintained so as to be operable. K. Fire' PrO'teC'tiO~ E~ipme.n~ (1) Water S~pply a. Water services for sprinkler, standpipe, and yard hydrant systems shall provide a~ all times a supply of water in s-ufficient volume for such systems to function satisfactorily, b. Water supply tanks, shall be maintained watertight, verminproof, rodentproof, resistant to corrosion and protected against freezing. C. Tanks and their supports shall not be used to support equipment or structures other th~n for tank use, except where specially designed for such other use. d~. Means for emptying wa~er supply tanks shall be maintained in proper working condition, e. Water supply tanks for szandpipe and sprinkler systems shall be maintained ~o 15g: UNE lo, furnish water in sufficient quantity and pressure ~or such systems. f. Fire department connections shall be conspicuously identified, maintained readily accessible for fire department use and adapted to fit the equipment-of the fire department. (2) Sprinkler Systems a. Sprinkler systems shall'be maintained in operative condition, free from mechanical injury, structural failure, water failure, .or obstructions. Sprinklers shall be maintained clear and free from corrosion, paint, whitewash and other coatings which impair their operation, b. Valves controlling water supply ~o sprinklers shall be secured in the open position, c. Supports for piping and equipment shall be structurally sound, d. Portions of the system subject to freezing shall be appropriately protected, e. Storage of materials shall no~ inl~rfere with the effective discharge of water from the sprinklers, f. Connections to sprinkler systems for other than ~fire protection shall be prohibited. ~3) Standpipe Systems a. Valves shall be maintained tight against leaks, b. Hose shall be properly stored, ready for operation, dry, and free of deterioration, c. Hose siations shall be conspicuously identified, located for easy accessibility, and installed to provide for the quick and easy use of equipment. Hose station cabinets shall have keyless doors, d. Valves in the water supply pipe for the standpipe system other than hose station valves shall be open at all times. (4) Yard Hydrant Systems a. Yard hydrant systems shall provide an ample supply of water to hydrants, b. Connection t'o ~ire hydrants for other than fire protection purposes shall be prohibited unless authorized by the authority having jurisdiction, c.Outside hose shall be stored to be readily accessible and protected from the weather. (5) Portable Fire Extinguishers a. Portable fire extinguishers shall be appropriate as to type, size and location, shall be in their desi- gnated location and clearly visible except that they may'be located in an enclosure or recess conspicuously identified as containing a fire extinguisher, b. Portable fire extinguishers shall be maintained in operating condition (6) Fire Alarm ~¥stems a. Fi.~e alarm systems shall be maintained in operating condition, b. ~lre alarm boxes shall not be obstructed and sh~ll, be in full ~le~ ~t all times, c. Manufact- urers instructions for use of fire alarm boxes shall be conspicuously ~ posted in the immediate vicinity of each alarm box. d. Unless : directly connected to a central station alarm service, municipal ~ alarm system or local manned fire alarm dispatch station, a clearly legible sign shall he posted above each box st¢ti~g:"LOCAL ALARM ONLY- NOT CONNECTED TO F~RE. DEPARTMENT - CALL D~RE DEPARTMENT BY TELEPHONE." 7. Fire and Smoke Detectors Fire der.eaters, smoke detectors, ionizatSpn detectors~ flame deiectors and heat detector~ s-hall ~e maintained in operating condition. (8) Foam and Chemical Fire Extinguishing Systems Foam and chemical fire ex~lnguSsh.~ng systems shall be appro~ priate for their intended use and sh~lt be maintained in safe aperating c~ndition~ L. El'e~a~Or Equipment ~l~ Elevator heistways and pits shall be maintained free of rubbish or other deb~'is. (~') Elevator machine rooms sh.~ll be maintained free of oil and grease, including oily and greasy clothes, rags, and other combustible materials, and shall not be used £or storage of articles or materials-unnecessary for maintenance of equipment. Flammable liquids shall not be kept in machine rooms, ~. Hb's~Ways 'and 'Sh]afts Exterior access openings to above-grade hoistways and shafts'shall be clearly and permanently marked to indicate that such access opens, on a hoistway or sha£t. N. Combustible 'Cool'lng Towers Access. to combustible cooling ~owers shall not be obstructed for fire fighting. 0;' Sw~immi~g Po~ls (1) Swimming pool disinfection and au,~il!a~y equipment using materials capable of giving off irritating, toxic, or flammable fumes, shall be maintained in safe operating condition. Such materials shall be stored in a dry, venilated area. (2) Building ' or rooms, used for storage of chlorine gas' shall be labelled with a clearly legible and conspicuous sign-stating.: "?ANGER-NO'SMOKING- falmmahle liquzds and suhst .a~nces v~i[ch 'will produce 'e.x~loslve mixtures shall not be discharged !n~o sewage and sto~m drainage systems. Q, Come~l~c'a'l Ovens Controls for venilation, fuel, temperature and conveyors shall.be..ma!nt~!ned in-safe operating condition. Sec. 45-204 'SPEU~'AL PR'OPERT¥ USES~-'OR'COND[~TTONS A. 'Ge'n'e'r'al 'R'elq~'lr'eMe'nt's (_1) This Section provides-regu--i-~ti~ns for public safety from the hazards of fire wh:ich'may result from special p~operty uses or condi$ion~ (2) These regulations.apply in addition'to, oth.e~ applicable regulations of this Article. B. Plac'e~ o'f A's~:emb'ly (1) The maximum number ~f eccupants permitted. within places of assembly sh~ll be e~tabI!she'd by the authority having jurisdiction and shall be conspicuously posted in each such space, JUNE 10, 1980 and shall not be excesded. (2)!"~NO dec°r~'ive material shall be used which, as applied, will ignite and allow flame to spread over the surface or will allow burning particles to drop. (3) Screens for projection of pictures shall be of noncombustible materials or materials treated to be fire resistant. (4) No appartus in which combustible of flammable fluid is used in the preparation of foods, refreshments or other materials shall be permitted in a lobby, foyer or auditorium of a place of assembly. C. Service StatiQns and Garages (1) Storage and Handling of Motor Vehicle Fuel a. Motor Vheicle rule storage shall not be permitted within a service station or garage containing a pit, basement or depressed area, unless adequate venilation is provided to prevent the accumulation of flammable vapars, b. Handling of motor vehicle fuel in open containers is prohibited, c. Portable containers for motor vehicle fuel shall be made of metal or suitable unbreakable material. Such containers shall have a spring or screw type cover with a spout or other design to prevent spilling when poured. (2) Dispensing orr?Motor Vehicle~Fuel a. Dispensers shall be main- tained to prevent leakage or accidental discharge, b. Remove master control devices, to shut off all pumps in the event of an emergency, shall be accessible and property identified as pump shut-off controls. c. Dispenser hoses shall be o~ a type with automatic self-closing nozzles, d. Impact calves, which close automatically in the event of a fire or severe impact, shall be maintained in safe operating condition. e. Fuel shall nov be dispensed unless the motors of vehicles receiving fuel are shut off. f. smoking shall be prohibited in areas wh'e~e~ motor vehicles are fueled or serviced, g~ Portable fire exiinguishers of an aPPrOpriate type shall be provided, at serviee..stations and garages dispenaing motor vehicle fuel. D. 'Ab'~ndb'nm:~t' ~r' ~moVa'X~oI 'Underground ~ankS (1) Underground tanks rendered out of service shall be made safe by capping the fill line, gage opening and p~mp suction, and securing against tampersng. (2) Underground tanks abandoned in place shall be made aa~e by removing flammable or combustible liquid from the tank and con,necting ltnes, disconnecting the suction inlet, gage, and vent lines, filling the tank completely with in inert, solid material, and capping the ~ema!nkng underground PiPingl (3) Unde-rground~tanks removed from their 1.ocat!on shall be made safe by removing flammabIe ~r combustible _.~ liquids from the tank and connecting lines-, disconnecting the suction, ~nlet gage~ and vent lines, removing sections of connecting lines not to be used further, and capping or plugging i. nlet~, outlets, and leaks, if an~, (4) Underground ~anks dis-pos:ed Of as junk shall be rendered free of h~zardous V~pors. (5) Underground-tanks whi'ch has been removed shall not he fei_ns:tailed until the tank has been appropriately cleaned, repaired if necessary, tested and made-corrosion resistant. E'. Dry Cleaniqg Plan'ts (_t~ General Requirements a. This section shall apply zo dry clea-n~ng plants, including coin~operated self-serv!ce~.establishments, using solvents classified as. nonflammable, b. D~,y Cleaning plants using combustible or flammable liquids in quantities exceeding'4 gallons (15.1 litera) shall comply with applicable provisions of Article IrI. (2) Yenti.lation Exhaust ~ystems. sh~ll be'maintained so as to adequately limit solvent vapor concentration within the 'plant. (3) Pumps and Piping Pumps, plpes~ valves, fittings, and solvent h~ndling equipment shall be maintained free from leaks-. ([4) Spozting OpematIons Flammable or combustible liquids u~ed for spatting operations, shall be in safety cans or not more than one gallon~-capacity with an aggregrate amounz not exceeding 4 gallons (15.1 liters). Flammable or combustible liquids shall b~ prohibite.d in coin-operated self-service establish menvs. F. ~o~l'lng' Es2ab'l~is'hments (i) Lane resurfaclng operations shall be carried on in a safe manner and shall not be carried on while the establishment is open for business. D~Rg such'operations, proper ventilation shall be provided; heating, ventilating, or cooling systems e~ploying recirculation of air shall not be opera~ed; electric motors or other equip'~ent'-which mi~h.t be a source of ignition shall he shut do~n; and smoking Shall be Prohibited. (2) Pin refinishing 0potations invoiving the application of flammable finishes shall be conducted in a room designed for this ~ype of-operation and under conditions conforming with the requirements of paragraph a of this section. (3) Power tools used in connection with resurfacing re refinishing operations shall be effectively grounded, or of a double mnsulated t e S f , ~-' yp . afety receptables shall be used or storin~ and disposing of dust and other resid~aI matter from the operations of lathes, sanding 'and buffing machine~. (4) Flammable or combustible liquids for use in re~urf~cing or refinishing operations shall be appropriately stored and shall not exceed 60 gallong 227 liters) of storage wither in original metal containers, or'in individual 5 gallon (18.9 liters) maximum capacity safety containers. G. Lumber Yards (1) Lumber Shall be stored in piles which are neat, stable and approp- riately spaced. (2) Driveways between and around lumber piles shall be wide enough ~o accomodate apparatus of fire department rendering service and shall be maintined free from accumulation of rubbish, equip- ment and other articles or materials. H. Tents and Air-Supported Structures (1) Tents and air-supported s~ructures including decorative materials shall be of flame resistive materials or materials treated to be fire resistant. (2) Operating pressure shall be maintained az the appropriate level to assure structural stability and to avoid excessive distortion during high wind or snow loads. (3) Doors shall not be left open under any condition during high winds. Use of doors in air-supported structures shall be controlled to avoid excessive air loss. (4) Hay, straw, shavings or similar combustible materials shall be prohibited within any tent or air-supported structure used for assembly other than that necessary' for the daily feeding and care of animals. Sawdust and shavings may be used for a public performance or exhibit when kept damp. Combustible materials shall not be permitted under stands or seats at any time. The area within and adjacent to the tent or air-supported structure shall be maintained clear of flammable material or vegetation which may constitute: a fire hazard. (5) Open- flame devices shall not be allowed inside or within 20 feet (6.10meters) of the tent or air-supported structure. I. Tire Rebuildi'ng (1) Dust collecting equipment for buffing operations Shall be main- tained in safe operating condition. (2) Adequate venilation shall be maintained in rooms where rubber cement is used ct mixed or where flammable or combustible solvents~are applied. J. Vehicle' Wrecking Yards, Junk Yards, and Waste Material Handling Plants (1) Access for fire department equipment.~, to yard areas, including areas where stripped vehicles-~bodies are stored, shall be unobstructed. (2) Where permitted, bu?ning of wrecked or discarded vehicles, or any parts thereof, or junk, or any waste material shall be performed in a safe manner. (3) In waste material picking rooms the exhaust system for removal of dust and lint shall be maintained in.proper operating condition. (4) Fuel tanks in junked vehicles shall be drained and fuel shall be stored in containers conforming to section 45-204C($)c. X. Airports, H~l'icO~ters and HeTi's2Ops (1) Repairing of aircraft requiring the use of open flames, spark producing devices or the heating of parts shall be done in a safe manner. (2) Landing areas on structures shall be maintained so as to confine any flammable liquid spillage to the landing area only and provision shall be made to drain such spillage away from exitways servicing the landing area or from structures housing such exitways. (3) Refueling aircraft shall not be permitted on the rooftop or any structure. L. Piers, Wharves an'd Marine' Term'in'~ls (1) Covers for nozzle openings in the pier deck for substructure fire protection shall be accessible and easily removeable. (2) Combustible pier members shall be kept free of excessive oil accumulation. (3) Trusses, girders and other structural members shall be maintained free of flammable dust. M. Marinas and Bo~tyards Berthing and repairing, painting and paint removal, welding , brazing, soldering and cutting, fuel handling and boat storing shall be performed in a manner which minimizes the hazards Of fire. N.' G'en'erhl~Ou2'ddor~Storage (1) Access to all portions of the storage area by fire department equipment shall be unobstructed. (2) It shall be prohibited to use salamanders, braziers,, portable heaters or open fires mn the area of stored combustible material. O. GaS'es in Ballons Flammable, exidizing, toxic, corrosive, or reactive gases shall not be used to inflate ballons or any size or type. For this purpose, air, and inert gases lighter than air, are acceptable. A'R'TICLE TII -get,rials. Sec. 45-300 PREVENTION OF FIRE' SPREAD (1) This Article is applicable to the prevention of fire spread resulting from fire, explosion or release of taxic gases arising from the stro~age, handling, or use of combustible or hazardous substances, materials or devices, to provide for public safety and the protectionof property therein and there-about. (2) Such material includes products with the following characteristics: Burn with extreme rapidity; Produce dust subject to explosion ro spontaneuos combustion; Produce poisonous fumes or gases; or Explode. Sec. 45-301 FL'AbrMABLE AND COMBUSTIBLE LIQUIDS AND F'I~ISHES A. Ge'n'e~'al Req~i'remen'ts (1) This section shall apply to Flammabel liquids - flash point below 100' Fahrenheit (37~8' Celsius); and cumbuszible liquids - flash point at or above 100~ Fahrenheit (37.8 Celsius). (.2) Appropriate fire extinguishing equipment shall be provided where flammable or combustible liquids are stored, handled or used. (3) Where flammable vapors are present, precautions shall be taken to prevent ignigition by eliminating or controlling sources of ignition, which may include open flames, lightning, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical and mechanical'), spontaneous ignition~ chemical and physical-chemical reactions and radiant heat. (4-) Container's having a capacity 10 ~allons (3?.9 liters) or more, and equipment used for flammable liquids shall be dlectrically bonded or grounded during transfer of liquids. (5) Mechanical ventilation to prevent the dangerous accumulation of vapors and to remove such vapors to a safe location shall be maintained in safe operating condition, and shall not in itself constitute a fire hazard. (6) Cans or containers which contain flammable liquids, and are Offered for sale shall comply with section 45-204 C(1)c, shall be provided with a warning label painted or printed on the container stating that the contents are flammable,and Shall be kept away from heat or open flame. B. StOrage Tanks (1) Storage tanks above ground shall rest on supports that are in a structurally sound condition and protected against loss of structural stability by hea~ or fire. (2) Storage tanks located in areas subject to traffic shall be protected against vehicle damage. (3) Storage tanks shall not be in a damaged or leaking condition. (4) Pressure relief devices on storage tanks shall be maintained in safe operating conditiono, as.:to relieve excessive inter- nal pressure. C. Portable Tanks and Containers torage of flammable and combustible liquids in portable tanks and containers, other than those of motor vehicles, shall be limited in Group occupancy classifications as follows: (1) Group A1 including attached and detached garages.... Storage in excess of 6-~ ~ gallons (24.6 liters) of flammable liquids or 60 gallons (227 liters) of combustible liquids shall be prohibited. (2) Groups BI, C5 (except schools, colleges and similar places of education)... Storage in excess of 10 gallons (37.9 liters) of flammable liquids or 60 gallons (227 liters) of combustible liquids shall be prohibited. (3) Groups C1, C5 (schools, colleges and similar places of education) and C6...Storage shall be limited to that required for operation of office eqR%pment, maintenance, demonstration, treatment and laboratory work. Ail liquids in laboratories and at other points of use shall meet the following storage provisions: (a) A container for flammable liquids shall be a safety eau not exceeding 2 gallons (7.58 liters) capacity; (b) Not more than 25 gallons (94.6 liters) of flammable liquids shall be stored in safety cans outside of an interior storage room or storage cabinet; (c) Not more than 60 gallons (227 liters) of combustible liquids shall be stored outside of an lnterior storage room or storage cabinet; and (d) Quantities of flammable and combustible liquids in excess of those set forth~in this section shall be stored in an appropriate storage room or storage cabinet. (4) Group C2... (a) Conta%ner~ %n a display area shall not be stacked more tha~ ~ feet (0.91 meter) or 2 containers high, whichever is the greater, unless on fixed metal shelving or otherwise secured. (b) Shelving shall be of stable metal eons%ruction , of sufficient depth and arrangement that displayed thereon will not be easily displaced. (c) Leaking containers shall be removed to a safe location out~%de the building and the contents transferred to an undamaged container. (5) Group C4 .... Storage piles shall be no closer than 3 feet (0.91 mete~) to the nearest beam~ chord, girder or other obstr~ctionx and shall be 3 feet (_0.91 meter) below sprinkler deflectors or discharge orifices or water spray', or other overhead fire proection~systems, and aisles, at least 3 feet (~0.91~eter) wide shall be provided where necessary ~Or a~cess to doors, windows or standpipe connections. D. Dip Tanks (1) D~p tanks and their supports shall be maintained in a safe and structurally sound condition. (2) Covers shall be kept closed when tanks are not in use. (3) Waste or rags used in connection with dipping operations shall be deposited in self-closing metal cans g~ter use. (5) Ventilating system interlocks shall be maintained so that the failure of the ventilating fan shall automatically stop any dipping conveyor system. (6) Dip Tanks utilizing a conveyor system shall be so arranged that in the event of fire, the conveyor system shall automatically cease motion and bottom drains shall open. E. Sp'ray Fi'n'fshilng (1) The floor of the spray booth and operators' working area shall be covered with noncombustible material to facilitate the safe claening and removal of residues. (2) Spray booths shall be readily accessible on all sides for cleaning. Area shall be kept free ~rom storage or combustible construction. (3) Discarded filter pads and filter rolls shall be removed to a safe, well detached location or placed in a water- filled metal container. (4) Fixtures for illumination shall be of a fixed explosion proof type and shall be properly protected to prevent ignition or vapor oil residue. F. E~'e'c'trOS:t'at'l'c 'Appa'r'atUs (1) This section shall apply to electrostatic equipment used in connection with paint spraying operations. (2) Transformers, power packs, control apparatus and other electrical portions of the equi~pment with the exception of high voltage grids and electrostatic atomizing heads and their connections shall be located outside the spraying or vapor areas. (3) A space of at least twice the sparking distance shall be maintained between goods painted and fixed electrodes, electrostatic atomizing heads or conductors. A suitable sign stating the sparking distance shall be conspicuously posted near the assembly. (4) Power disconnects and ventilation interlocks shall be maintained in safe operating condition. (5) Booths.. fencing, rallings~or guards shall be placed about the equipment so that a safe isolation o~ the process is main- tained. Such enclosures shall be of conductive material suitably grounded. (6) Signs shall be posted designating process zones as a ~ire hazard. (7) Insulators, drip plates and screens shall be kept clean and dry. G. Dry Cl'e'~ning (1) This section shall apply to dry cleaning plants using solvents, classified as flammable or combustible in excess of 4 gallons (15.1 liters). (2) Pumps, pipes, valves, fittings and solvent handling equipment s~all be maintained free from leaks. (~3) Emergency drainage system shall be maintained in safe operating condition. (4) Dry cleaning equipment shall be electrically g~ounded. (5) Stills shall be maintained liquid-tight and gas-tight. H. Automobile UnderCoating Automobile undercoating spray operations which utilize materials having a flash point less than 100. Fahrenheit (37.8 Celsius) shall comply with the applicable provisions of section 45-301 A. Sec. 45-302 COMBUSTIBLE FIBERS A. General Requirements (1) This section shall apply to readily 'ignitable and free burning industrial fibers, such as cotton, sisal, jute, oakum, baled waste, baled waste paper, kapok, straw, excelsior, synthetic fibers, and other like materials, but shall not be applicable to nonresidential farm buildings. (2) Portable fire extinguishers of an appropriate type shall be provided in stqrage areas. (3) Smoking and the carrying or lighted cigarettes, pipes, and cigars is prohibited in areas containing combustible fibers. (_4) Not less than 3 feet (0.91 meter) clearance shall be maintained between tops of piles and sprinkler heads or ceiling, whichever is lower. (5) Combustible fibers shall be stored with adequate clearance from adjacent cQnstruction to allow for expansion when set. (6) Trucks or automobiles, other than appropriate industrial tractors and mechanical handling equip~ ment, shall not enter any industrial fiber storage room or building, but may be used at loading platforms. B. Loose Storage (1) Loose Combust- ible fibers, not in suitable bales or packages, whether housed or in the open, shall ~o$ be stored within 100 feet (30.5 meters) of a building except as hereafter specified. (2) Quantities less than 100 cubic £eet (2.83 cubic meters) of loose combustible fibers may be kept in a building, provided storage is in a metal or metal lined bin equipped with a self- closing cover. (3) Quantities exceeding 100 cubic feet (2.83 cubic meters) o~ loose combustible fibers, but not exceeding 500 cubic feet (14.2 cubic meters), shall be stored in appropriate rooms or compartments with appropriate doors, ~o minimize fire hazard. (4) Quantities exceeding 500 cubic feet (14.2 cubic meters) or loose combustible fibers shall be stored in appropriate vaults located inside or outside buildings. C. ~'le~ '~Or~ge (1) No single block or pile shall contain more than 25,000 cubic feet (708 cubic meters) or fiber. Blocks or piles of baled fiber shall be separated from adjacent s~orage by aisles not lesa than 5 feet wide (1.52 meters), or by appropriate fire barriers of non- combustible material. D. Dust (1) This section shall apply to dust, consisting o~ pulverized particles of any material which, if mixed with air in the proper proportions, becomes explosive or may be ignited by a flame or spark. (2) Portable fire extinguishers of an appropriate type shall be provided in dust-producing and dust-handling areas. (3) Smoking and zhe carrying of matches or cigarette and cigar lighters is prohibited in areas containing dust-producing or dust-handlong operations. (4) The use of an open flame device, or spark-producing equipment if prohibited in areas containing dust handling operations. ~5~ Equipment ~sed to prevent the entrance of foreign materials which may caus;~ s~arks to be generated shall be maintained in safe operating condition. (16) Machiner'y and metal parts of crushing, drying, pulverizing, and conveying systems shall~ ..... be electrically grounded. (7) The accumulation of dust in quantities sufficient to create a fire or explosion hazard on eleczric motors, walls:, ledges, or other interior surfaces, or on the roo~ of a building on which dust may settle'is prohibited. (8) Dust collection Sys~tems shall be maintained so as to prevent hazardous, accumulations-of dus~t. (9) Casings and enclosures for dust-producting or dust-handling machinery and conveyors shall be maintained dust-tight. Sec. 45-303 HA'ZARDDUS CHE~!'CALS A. General Requirement's (1) This section shall apply to corrosive liquids, flammable solids (such as white phosphorus, metallic sodium and potassium, and zirconium powder), highly toxic material~, poisonous gas, radioactive material, and unstable chemicals (such a~ nitromethane and ammonium nitrate). (2) Chemicals that in combination with other substances may cause a fire or explosion or may liberate a flammable JUNE 10, 1980 or poisonous gas shall be separately stored in a s~fe manner. (3) Defective containers which permit leakage or spillage shall be pro- hibited. No spilled materials shall be allowed to accumulate on floors or shelves. (4) Containers or packages for retail trade shall be sotred neatly and orderly, and shelves shall be of substantial consturction. B. COrrosiVe Liquids (1) Corrosive liquids shall include liquids that cause destruction of human skin tissue, or have a severe corrosion rate on steel or aluminum. (2) Provisions for containing and neutralizing or safely flushing away leakage of corrosive liquids which may occur during storage, handling or use shall be maintained in safe operating condition. C. Flammable Solids (1) Flammable solids shall include any solid material, other than an explosive, which is liable to cause fires through friction, absorption of moisture, spontaneous chemcial changes, retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. (2) Flammable solids shall be stored, handled, and used in a manner which will minimize fire hazard. For requirements of storage, handling and use or combustible metals, see Section 45-311. C. Highly Toxic Materials (1) Drainage facilities and natural or mechanical ventilation for rooms in which highly toxic materials are stored, handled or used shall be maintained in sa~e operating condition~ (2) Legible, calerly visible warning signs and placards stating the nature and location of the toxic materials shall be posted at entrances to areas where such materials are stored, handled or used. E. Oxidizing Materi'als (1) Oxidizing materails shall include a substance that y~elds oxygen readily to stimulate the combustion of organic matter. (2) Packaged oxidizing materials shall be stored in dry locations and separated from stored organic and other combustible materials. (3) Bulk ozidizing materials shall not be stored on or against wooden surfaces. F. Poisonous Gases (1) Poisonous gases shall include gases of such nature that a very small amQunt Qf the gas mi,xed with air is dangerous~ tQ lif. e~ (2) Storage of P~!s~nous gases shall be in room~ having natural or mech- anical ventilation adequate to remove leaking gas,~ Such ventilation shall not discharge to a point where the gases may he a hazard. (3) Legible, clearly vlslhle warning signs- s-toting the nature of hazard Shall be placed az entrances-to locations where poisonous gases are stored or used. G. Ra'd'i'oa'c't'ive M'~ter'i'a'ls (1~ Radioactive materials shall include any material, or combinati.Q~.:of materials that spont- aneously emit~ iQnizing radiation, and having a sp. ec'i.fic activity greater than 0.002 m!ceuries per gram. (2) Leg!ble~ clearly visible sign~- war2ing or radiation dangers shall be placed at entrances, to areas or rooms where radioactive materials are used or stored. I'n addition, each container in which radioactive materials are used or stored shall hear a radiation symbol. (3) When not i.n use, radioactive materials-shall he kept in adeauately shielded fire-resistant containers of such des~lgn that She gamma radiation will not exceed two hundred mllliroentgen$ per hour or equivalent at any-point of readily accessible surface. H. Uns't'abl'e''Chem'lCa'l's 91) Unstabl'e chemicals shall be stored in appropriate containers, so as. to minimize breakage, leakage or rupture of containers upon exposure to heat er water which may-result in fire, explosion, or other dangerous, reaction, (_2) Unstable chemicals shall not be stored in basements or below' ground level'. (3) Open lights or flames, and smoking shall be prohibited' in or near storage areas-. (4) Unstable chemicals shall be kept away from h.eat~prod~cing appliances, and electrical devices' and shall be protected from external heat. (5) Electric bulbs shall be equipped with guards-to prevent breakage. (6) internal combustion motor vehicles: or lift trucks shall not be parked or stored in the room er compartment where such chemicals are located. Sec. 45~304 'COMPRESSED' G'A'SES A. Uen'e'r'a'l-'Req~'i're~'e'nts (1) This section ~hall apply to gases in a state exceeding 55 pounds' per square i. nch (.379 kilepascals) gage pressure at 70' Fahren'heit ([21.1- Cela%us)~ Or 110 pounds per square inch (821 kilopascals) gage pressure at 132' Fah~enhe%t (54.4 Celsius-) and includes bulk. oxygen, hydrogen, fla.mmable anesthetics~ n~n~lammahle medical gases: and anhydrous ammonia. (2) Compressed ga~ cylinders in storage or in se.rvice s~.all he[ secured zo prevent £alli. ng or being upset and shall be prote~cted against tampering by unauthorized persons. (3) Cylinder~ pressure vessels or containers, sh~ll be ~dientified as to ~e gas contained therein. (4) Storage tanks and cylinders located in areas s~bjected to tr~£fic, shall be protected against vehicle damage. B.' B~'i~ Ok.ygen (1) Bulk oxygen storage systems shall include oxygen stored 1.n the following quantities: (a) More than 13,000 cubic feet (368 cubic meters) connected in service or ready £or service; and (b) More th~n 25,0~0 cubic feet tUNE lo, 1980 (708 cubic meters) including unconnected reserves on hand at the site. Bulk oxygen storage systems shall be deemed to terminate at the point where oxygen at the service pressure first enters the supply line. (2) Bulk oxygen storage systems ~hall be located aboveground out of doors, or shall be installed in a building of noncombustible construction, adequately vented, and used for that purpose exclusively. (3) Bulk oxygen storage system locations shall be permanently placarded to indicate:"OXYGEN-NO SMOKING-NO OPEN FLAMES", or an equivalent warning. Smoking or open ~'lames in such locations shall be prohibited. (4) Bulk oxygen storage systems shall not be located beneath electric power lines or close to piping for flammable or combustibel liquids or piping for other flammable gases. (5) Bulk oxygen storage systems near aboveground flammable or combustible liquid storage, indoors, or outdoors,shall he~'~acated on ground higher than the flammable or combustible liquid storage except when dikes, diversion curbs, grading, or separating solid walls are used to prevent accumulation of such liquids under the bulk oxygen storage system. (6) Legible operating instructions shall be maintained at locations which require operation of equipment by the user. (7) The area within 15 feet (4.57 meters) of any bulk oxygen storage container shall be kept free of weeds, dry vegetation and co~ustible material. C. Hydrogen (1) This section shall.apply to hydrogen which is delivered, stored and discharged to consumer piping and shall be deemed to terminate at the point where the hydrogen ~irst enters the consumer distribution piping. (2) The hydrogen storage location shall be permanently placarded as follows: "HYDROGEN- FLAMMABLE GAS - NO SMOKING - NO OPEN FLAMES" or equivalent. Smoking of open flame in such locations shall be prohibited. (3) Mo~ile hydrogen supply units shall be electrically bonded to the system before discharging hydrogen. (4) Hydrogen systems shall not be located beneath electric power lines or close to piping for flamm- able gases. (5) Hydrogen systems near aboveground flammable liquid storage shall be located on ground higher than the flammable liquid s~orage except when dikes, diversion curbs, grading, or separating solid walsl are used to prevent accumulation of such liquids under the hydrogen system. (6) The area within 15 feet (4.57 meters) of any hydrogen container shall be kept free of weeds, dry vegetation and combustible material. D. Flammable anesthetics (1) Flammable anesthetics shall include cyclopropane, divinyl ether, ethyl chloride ethyl ether, tri£1ouro-ethyl ether and ethylene. (2) Extreme caution shall be observed in areas where flqmmable anesthetics are used so as to prevent electric spakks, or discharge of static electricity. (3) Smoking, open flames or hot materials in excess or 180' Fahrenheit (82.2 Celsius) shall be prohibited in areas containing flammable anesthetics~ (~4) Pi.ping systems shall not~-:be used. E. No'n'f'lammab'l'e Medical Gases *1) Nonflammable medical gases are gases for therapeutic purposes andinclude oxygen, nitrous oxide, medical compressed air, carbon dioxide, helium, nitrogen, and mixtures of such gases when used for medical purposes'. (.2) Storage locations for oxygen and nitrous oxide shall be kept free of flammable ~a~erials. (3) The main supply line for p~ping systems shall be provided with an identified shutofi valve so located as to b~ accessible in an emergency. (4) ~moking shall be prohibited in supply system enclosures. F. Anhydrous Ammonia (1) Anhydrous ammonia containers shall he, locata'd auta~ide 'of h~ildinga or if Within buildings shall be located in areas' especially-intended for this purpose. (2) Anhydrous ammonia containers- sha_ll be located at least 50 feet (15.2 meters) from a dug well or other sources-o! potable water supply, unless the container is-part of a water treat- ment installation. (3) The area surrounding a refrigerated ammonia tank or group of tanks shall be provided with drainage or shall be diked ~o prevent accidental discharge of liquid from. spreading .to uncontrolled-areas. Sec.45-305' EXPLOSI'VES, AMIfl2NI~T~ON AND' BLASTING AGENTS (1) This section shall apply to explosives-~ -amm~t-~, blasting agents and pyrotechnics, except that nothi.ng in this section shall be construed as applying to: a) Such material used by: the Armed Forces of the United States or the State Militia. b) Explos~ive~ in forms prescribed by the o£!ic!al United States_ Pharmacopeia; c) Fireworks: d) Small arms. ammunition or speclaI industrial explosi,¥a devices for parson or industrial use; e) Twenty-pounds (!9,07 Kll~graas) or less of smokeless' propellant and 10,~00 or Ies~s~ small arms-primers for hand loading or small arms ammunition for personal use; f} ~ifteen pounds (~.80 Kilograms) or less of explos-ives-or blasting agents-~ exclusive or smokeless prepellants i.n e~ucational~ governmental or industrial laboratories f6r instruction or research purposes when under direct supervisio~ of experienced competent persons-; and g) Explosives ONE 10, 1 80 165- ammunition and blasting agents of the United States Bureau of Mines, the Federal Bureau of Investigation, the United Stated Secret Service and po~e£a~d:~fi~eode~artments acting in their official capacity. (2) Appropriate fire extinguishing equipment shall be provided where explosives, ammunition or blasting agents are manufactured or stored. (3) Smoking, matches, spa~k producing devices and open flames shall be prohibited where explosive material is stored, handled or used, and within 50 feet (15.2 meters) or magazines. (4) Explosive material, including special industrial explosive materials and any newly developed and unclassified explosive, shall be stored in magazines. This Shall hot be construed as applying to wholesale and retail stocks of mall arms ammunition, fuse lighters, rues igniters and safety fuses in quantities involving less than 500 pounds (227 kilograms) of explosive material; nor shall it apply to explosive-actuated power devices when employed in construction operations in populated areas, in quantities involving less than 50 pounds (22.7 kilograms) Of explosive material. (5) Magazines shall be located an appropriate distance from buildings, structures, railroads and highways commensurate with the type and quan- tity of explosives stored. (6) Magazines shall be kept locked except when being inspected or when explosives a.re being plaoed therein or being removed_~herefrom. (7) Magazines shall be kepz clean, dry and free of grit, paper, empty packages and rubbish. (8) Combustible materials shall noz be stored within 50 ft. (18.2 meters) of magazines. (9) The land surrounding magazines shall be kept clea~ of brush, d~ied grass, leaves, trash and debris for a distance of at least 25 feet (7.62 meters). (10) Blasting caps, electric blasting caps, detonating primers and primed cartridges shall not be stored in the same magazine with other explosives. (110 Blasting agents separate from explosives shall be stored in an area free from debris and empty containers. Spilled material shall be cleaned up promptly and safely removed. (12) Sale or display of explosives or blasting agents on highways, sidewalks, public property or in places of assembly is prohibited. (13) Explosives shall not be transported on public conveyances. (14) Vehicles used for trans- porting of explosives shall be of an appropriate ~ype, marked or placarded with the work "EXPLOSIVES", and provided with at least one suitable fire extinguisher. Smoking, carrying matches, flame-producing devices or loaded cartridges shall be prohibited while in or near a vehicle trans- porting explosives. Sec. 45.305A FIREWORK~~ Requirements for fireworks shall be goveren~d by section 270.00 and 405.00 of the Penal Law of the State of New York. Sec. 45~306 MATERIAL FOR WELDING AND CUTTING A. General Requirements This section shall apply to exygen, and fuel gas such ~$ acetylene, bydrogen, natural gas, liquified petroleum and other gases which are used for oxy-fuel gas welding or cutting; electric arc ~elding or cutting; and acetylene generators and calcium carbide. B. ~'l~%'ng 'and C~t't'%ng (1) Appropriate fire extinguishing equipment shall be provided where welding or cutting is to be performed. Sprinklers suDject tO fusing from heat due to welding or cutting shall be temporarily sh±elded ~%th valves to remain open. (2) Welding or cutting shall no~ be performed in or near rooms or locations where flammable gases, liquids or vapors, lint, dust or loose combustible stocks are presenv unless suitablyproected when sparks or hot metal frpm the welding or cutting operations may cause ignition or explosion of such materials. (3) Welding or cutting shall not be performed on containers and equipment which contain or have contained flammable liquids, gases, or solids until these containers and equipment have been thoroughly cleaned or inerted or purged. (4) When welding or cutting operations are performed above, or within 35 feet (10.7 meters) of combustible construction or material exposed to the operation, or within 35 feet (10.7 meters) of %loor, ceiling or Wall openings, the following shall be provided: a) Combustible construction or material shall be wetted down or pro~ected by noncombustible shields or covers from possible sparks,~hot metal or oxide; b) Floor, ceiling or wall openings shall be protected by noncombustible shields or covers; and c) A fire watcher shall be provided to watch for fires, make use of portable fire extinguishers or fire hose and perform similar fire prevention and pro~ection duties. The fire watcher shall remain for at least 30 minutes after the welding or cutting opergtions have been completed to insure that no fire exists. (5) For thermal insecticidal fogging indoors, no~ more than one gallon of insecticide shall be used for each 50,)00 cubic feet 1416 cubic meters) of space. Fog shall not be directed agginst combustible objects or materials. Secl 45-308 FRUIT RIPENING GAS (l) This section shall qpply to ethylene gas used in fruit ripening. (2) Appropriate f~re extinguishing equipment shall be provided where ethylene gas is stored handled or used. (3) Containers other than those cannected for use shall be stored outside or in a special JUNE 10, 1980 building, except that not more than two portable Department of Transportation containers not connected for use may be stored inside the b~ilding. (4) Equipment used to introduce ethylene gas shall be maintiined in safe operating condition and shall limit the ehtylene level to a non-hazardous concentration. (5) Open flame heaters, open lights and smoking shall hot be permitted in ripening rooms. (6) Ripening rooms shall be kept free of unnecessary combust- ible materials. Sec. 45-309 MATCHES (1) Matches shall not be s~ored in piles exceeding 18 feet (5.49 meters) in height, or 25,000 cubic feet (708 cubic meters) in volume. (2) Storage in cases shall be no closer than 10 feet (3,05 meters) from an exit, open stairway, elevator shaft opening or any other vertical shaft ppening. (3) In Group C2 occupancy classification, matches shall be stored on shelves no closer than 10 feet (3.05 meters) from heaters and furnaces. (4) Upon removal from shipping containers, matches stored in bulk shall be mn metal or letal-lined bins equipped with self-closing covers. (5) Appropriate fire extinguishing equipment shall be provided where matches are maKufactured or stored in bulk. Sec. 45-310 POWDER COATINGS (1) This section shall apply to finely ground particles of..'prot,ective finishing material applied in dry powder form by means of a fluidized bed , electrostatic fluidized bed, powder soray guns, or electrostatic powder spray guns. (2) Exhaust ventilation systems shall be maintained in sage operating condition. (3) Ail areas shall be kept free of the accumulationof powder coating dusts,--particularly on surfaces such as ledges, beams, pipes, hoods, booths and floors. (4) Surfaces shall be cleaned in such manner as to avoid scattering or dust or creating dust clouds. Sec. 45-311 MAGNESIUM- (1) Appropriate fire extinguishing equipment shall be provided where magnesium is stored~ handled or used. A supply og extinguishing powder in a sustantial container with a hand scoop or shovel for applying powder on magnesium fires, or an exting- uisher unit designed for use with such powder, shall be kept within easy reach of every operator performing a machining, grinding or other processing operation on magnesium. (2) Smoking is prohibited in areas where magnesium is Stored, handled or used. (3) Magnesium dust in dry state shall nto be allowed to collect on or contact high speed moving parts. (4) Interlocks that shut off dust-producing machines in the event of improper functioning of the collector system shall be mainta.a ained;_ in safe operating condition. (5) Electrical grounding of equipment shall be maintained continuous.. (6) Chips~ turnings~ ~d other fine magnesium scrap shall be placed in a covered~ vented steel container and removed zo a ~afe location. ('7) Magnesium fines shall be kept separate from other combustible materials. Seo, 45-312 ORGANIC COATINGS (1) T~i~2s.ection shall apply to liquid mixtures of binders such alkyd, niirocellolose, acryIic or oil, and ~lamm. ahle and combustible solvents such as hydrocarbon, ester, ketone or al.cabal, which when spread in a thin film convert to a durable protective and decorative finish. (2) Appropriate fire extingu±shing equipment shall be provided where organic coatings, are stored~ handled or used. (_3) Smoking, open flames and heating equipment containing igni.t%on.s:o~rcea shall be prohibited in areas where organic coatings are stored, handlded or used. (4) Mechanical ventilation to prevent the dangerous accumul- ation of vapors and to remove such vapors to a safe location shall be maintgined in safe operating condlti6n, and shall not in itself constitute a fire hazard. (5) Emp2y containers previously used for ~lammable or combustible liquids shall be removed to a safe locat'ion outdoors gnd, if not cleaned, removed from the premises and disposed of in an approP- riate manner. (6) Drainage facilities provided to direct flammable and combustible liquid leakage and fire protection water to a safe location, away from buildings, structures, storage areas or adjoining property, shall be properly maintained. (7) Bonding and grounding for tanks, machinery and piping shall be maintained electrically cond .... uctive (8) Spilled nitrocellulose shall be swept up, put into a Pail ~ Of water and disposed of. (9) Solvent pump shut-off shall be main- tained in operable condition to shut off pump in case of fire ........ Sec. 45-313 ORGANIC PEROXIDIS (1) This section shall apply to organic peroxides used in spray guns. (2) Organic peroxides shall be kept away from all sources of heat including steam pipes, radiators, open flames, sparks and solar radiation. Smoking sha%l be prohibited in areas where organic peroxides are stored, handled or used. (3) Non-sparking tools shall be used in any area where organic peroxides are stored, mixed or applied. (4) Dusts or overspray residues resulting from the sanding or spraying of finishing materials conta%n.$~ng organic peroxides shall not be mixed with other materials. ([5) Spilled peroxides shall be promptly removed so there are no residues, and disposed of in a safe manner such as in accordance with the manufacturers recommendation. Sec. 45-314 CRYOGENIC LIQUI~DS (1) This section 167' JUNE 10, J. 980 shall apply to the storage, handling and USe of flammable cryogenic liquids, liquid oxygen and cryogenic oxidizers, having a boiling point of minus 200* Fahrenheit (-129' Celsius). (2) Containers, valves and piping shall be readily accessib~ for inspection and repair, and proetcted against tampering. (3) Warning labels and signs shall be posted on containers and equipment. (4) Dispensing of flammable cryogenic liquids, liquified oxygen or liquid oxidizers shall be only at appropriate locations. Water lines and hose shall be provided for cleaning and melting. (5) Flammable cryogenic liquid, liquid oxygen or cryogenoc oxidizers shall not be located, unloaded, dispensed or handled where vapors can reach a source of ignition. Smoking shall be prohibited. Loading, unloading and dispensing of oxygen shall not be permitted in the vicinity of loading, unloading or dispensing of gaseius or liquid fuel. Sec. 45-315 CELLULOSE NITRATE (PYROXYLIN) PLA'STI"CS A. 'Gen'er'al Requirments (1) This section shall be applicable to raw cellulose_~nitrate (pyroxylin) plastics and to artioles made from this material. Fore'cellulose nitrate film, see section 45-316. For guncotton or other explosives having cellulose nitrate as a base, see section 45-305. (2) Appropriate fire extinguishing equipment shall be provided where raw pyroxylin plastics are stored, handled or used. (3) Smoking, open flames and heating equipment containing ignition sources shall be prohibited in areas ~con- taining raw cellulose nitrate (pyroxylin) plastics. B. Raw Ce'll~'l'ose Nitrate (Pyroxylin) Plastics (1) Where raw material in excess of 25 pounds (11.3 kilograms) is received in a building, an appropriately vented cabinet or vented and spribklered vault.shall be provided for ~he storage of t~e material. (2) Not more than 1,000 pounds. (454 kilograms) of raw material shall be stored in cabinets in any one workroom, and not more than 500 pounds (227 kilograms) in any one cabinet, nor more than 250 pounds (113 kilograms) in one compartment. (3) Raw materia~ in excess of that specified in paragraph 2 shall be kept in appropriately vented vaults not exceeding 1,500 cubic feet (42.5 cubic meters) capacity. (4) No cellulose nitrate (pyroxylin) plastic material shall be stored within 2 feet (0.61 meter) of any heat producing appliances, steam pipes, radiators or chimneys. (5) Waste cellulose nitrate (pyroxylin) plastic materials such as shavings, chips, turnings, sawdus-t, edgings and trimmings shall be kept under water in metal receptables~--until.removed from th~ premises and shall be removed daily. C. AT't'l'gl~s:'oT' Ce'l'l~lbse~Ni'tTa~e (Pyroxylin) Plastics (1) No electric light s-h~ll be located directly above cellulose nitrate (pyroxylin) plastic material, un~es.s provided with a suitable guard ~o prevent heated particles from ~alling. (2) Spece~ underneath display tables shall hoc be used for storage and shall he. kep~ free of accumulations of paper, refuse,and other combustible material~ (3) Display of cellulose nitrate (pyroxylin) plastic ~articles shall be in showcases ot show windows, except that such articles may be placed on tables or counters which are not over 3 feet (0.91 meter) wide and 10 feet (3.05 meters) long and spaced at least 3 feet (0.91 meter) apart. (4) Cellulose nitrate (pyroxylin) plastic articles..shall.be prote~ted against exposure to direct sunlight. Sec. 45-316'CELLULO'SEINI~TRATE MOTION PICTURE FILM (I) This section shall apply to cellulose nitrate motion picture film. Film having a cellulose acetate or other slow- burning base ms ~xc~dded. (2) Appropriate fire extinguishing equipment shall be provided where cellulose nitrate motion picture film is stored, andhled or used. (3) Mormon picture projectors when used with cellulose nitrate motion picture film shall be locabed in enclosures specifically - intended for such use. (4) Smoking, carrying of matches, cigarettes and cigar lighters and use of open flame and heating equipment containing ignition sources shall be prohibited in areas where cellulose nitrate motion picture film is stored, handled or used. (5) Storage in excess of 25 pounds (11.3 kilograms) but not in excess of 1,'000 pounds (454 kilograms) shall be kept in cabinets or in vaults. (6) Storage in excess of 1,000 pounds (454 kilograms) shall be kept in vaults. (7) Unexposed cellulose nitrate motion picture film enclosed in the original, unbroken shipping cases Conforming to Department of Transportation regulations shall be kept zn a spri~klered room. If the amount exceeds 750 pounds (340 kilograms) it shall be stored in a room used for no other pumpose. (8) Archival cellulose nitrate motion picture film shall be stored in archival cabinets or vaults. (9) Tables and racks used in connection with the handling of film shall be noncombustible, or shall be of wood construction with no member less than 1½ inch (38.1 millimeters) thick. ARTICLE IV Fire Safety Practice Sec. 45-400 'GENER'AL Fire safety practice shall be observed as scm forth in this Article to insure tha~ proper~y and materials shall be maintained in a manner which will provide the public with safeguards from the hazards of fire, explosion or the release of toxic gases. Sec. 45-401 FIRE SAFETY SAFEGUARDS A'.' Ue'~e'ra'l Precautions Precautions shall be taken to protect property and premises against the starting and spreading of fires. It is prohibited to: (1) Deliber- ately set a fire, or knowingly permit a fire to start or spread, which endangers the safety of persons or property. (2) Discard, throw or place flaming or glowing objects, such as matches, cigars and cigarettes, or toher flaming or glowing substances where such substances or things may ignite combustible or explosive materials. (3) Dispose of hot or smoldering materials, including hot ashes or cinders, or smoldering coals, in other than noncumbustible receptables. Such-receptables, unless resting on a noncombustible floor o~ on the ground in an exteruor open area,shall be placed on noncombustible stands, at least two feet (0.61 meter) laterally away ~rom combustible materials, structures, and exterior openings of buildings. (4) Use or operate any internal combystion equipment or flame producing device unless suitable measures are taken to ensure against ~gnition of combustibles. B. E'xt'eribr Pr~te'cti'on (1) Dry Vegetation, C~mbustible Waste and Refuse - Quaatities of dry vegetation,combustible waste and refuse which by reason of their proximity to buildings or structures would const.itu~e a fire hazard or contribute to the spread of fire, shall be removed. (2) Obstructions It is prohibited to: (a) Install or maintain wires, cables, ropes, aerial antennas, or other overhead obstructions on the roofs of buildings having a roo£ slope of less than 30 degrees (0.52 radius), unless there is a full clearance of 7 feet (2.13 meters) or more between the roof surface and such obstruction, except; obstructions may be installed less than 7 feet (2.13 meters) high provided they are protected in a manner to prevent injury to firefighters working on the roof during periods of reduced visibility. (b) Mainxain on roofs and fire escapes materials or objects which obstruct egress or fire department access. (c) Attach or fasten ropes, wires, cables, or similar devices, except standard equipment therefor, to fire escapes. (d) Place or permit objects or materials to obscure or obstruct the use of fire hydrants fire wells and fire department connections. (3') Outdoor Fires [a) Outdoor fires, including bonfires and rubbish fires, shall act be permitted unless legally authorized and in conformity with forest fire control regulations. ~(b) Outdoor fires, where permitted, shall be attended at all times with appropriate fire extinguishing equipment readily available nearby. (4) Waste Disposal Si~es (a) Transporting burning waste or refuse is prohibited. (~) Vehicles or conveyances used to transport combustible waste or refuse over public thoroughfares shall hate all cargo space covered and maintained sufficient tight to ensure against ignition from external fire sources. (c) Burning debris shall not be dumped at a waste disposal site. C. Interior Protection (1) Combustible Waste and Refuse (a) Except for one and two-family dwellings, premises shall provide specifically desi- gnated rooms, areas or containers, in or ~n the premises, for the temporary storage of cumbustible waste or refuse. (b) Combustible waste and refuse shall be stored in: ~) Containers constructed or noncombmstible materials, equipped with tight fitting covers, or 2) Bins constructed..~io~ noncombustible materials, equipped with self- closing covers, or covers that close automatically on case of fire inside the bin; or(3) Rooms designed for such storage; ~r 4) Isolated areas outside buildings, suitable for such storage. (c) Combustible waste and refuse shall be properly stored or disposed of ~o prevent unsafe accumulations. (2) Combustible Decorations In spaces of Group C5 occmpancy classifications, dockside vessels serving as buildings, and tents and air-suppoted structures, it is prohibited ~o install, maintain, or use materials such as vegetation, bunting, cotton batting, plastic cloth, textile, excelsior, paperer other combustible materials for decorative purposes, unless such materials have been made flame-resist- ant. (3) Cleaning Compounds (a) Only water solutions, detergents, or non-combustible floor s~eeping compounds and grease absorbents shall be used for cleaning floors. (b) The use of sawdust or similar combustible materials to soak up combustible or flammable liquids spilled or dropped from machinery or processes on floors is prohibited. (4) Portable Heaters (a) Portable heating equipmenv using kerosene or other flammable liquids shall be permitted provided that the same comply with applicable State Laws. (b) Portable heaters shall be appropriately located with respect to combustible materials, and main- tained in proper operating condition. (c) Portable electric heaters~ shall be equipped with automatic shut-off devices for safety purposes in ~e event of tip-over. Sec. 45-402 FIRE 'SAFETY EQUIPMENT Fire safety equipment including fire extinguishing, fire warning, and standpipe systems, shall be maintained operable at all time and under ali weather conditions except during repairs. The Fire department shall be notified whenever such equipment is out of service. Sec.45 -403 FIRE SAFETY SIGNS ~ND INSTRUCTIONS (1) Fire safety signs include amont others: Occupancy signs, limiting the maximum number of occupants permitted in pub%lc ~'.areas; no s~dking signs, prohibiting smoking in areas where conditions exist which make smmking a fire hazard; danger signs, alerting persons to areas where special danger of fire or explosion exists; and elevator warning s~gns instructing occupants to use exit stairs in case of fire. (2) Fire safety signs shall be posted on premises as specified in paragraph 1 of this section. (3) Posted fire safety signs shall be complied with. (4) No posted fire safety signs shall be removed, defaced, or destroyed except for replacement purposes, or when the condition which the sign was intended to identify is no longer present, or when the information conveyed by the sign is no longer necessary. (5) Hotels, motels, and similar transient occupancies shall have a printed copy of fire safe~y instru- ctions, instructing occupants in steps to be taken in the evenv of a fire, conspicuously posted in each occupancy unit and at Other desi- gnated locations. Sec. 45-404 FIRE EXIT DRILLS Fire exit drills and~ procedures shall be held and conducted to familiarize occupants in procedures of building evacuation or transfer to havens of refuge in the following: Group Bi- hotels, dormitories, clubs, fraternity and sority houses, and similar occupancies; Group C1 - business occupancies; Group C2- mercantile occupancies; and Group C5-assembly occupancies. Sec. 45-405 FIRE DEPARTMENT NOTIFICATION (1) Upon discovery of a fire, which poses a possible danger to life or proper~y, even though it has apparently been extinguished, the existence, circumstances and location of such fire shall immediately be reported to the fire department. (2) The fire department shall be promptly notified upon discovery of evidence of the spontaneous or abnormal heading of any merchandise, commodity, cargo, or material in buff. dings, structures, or premises which indicates a probably danger of fire or explosion, or upon discovery or being apprised or an uncontrolled hazardous gas leak, or hazardous material or combustible or flammable liquid spill. (3) It is prohibited to make or issue regulations or orders, written or verbal, that would require any delaying action prior to reporting a serious fire hazard or fire to the fire department, excep~ in the case of established on-premises fire fighting organizations which have coordinated and arranged procedures with the fire department. ARTICLE V Administ'r'iatiOn ahd Enforcement Sec. 45-5-- APPLICABILITY This article sh~ll provide the basic method for the administration and en£orcemenz of this Fire Prevention Code, and shall establish powers, duties and responsibilities in connection therewith. Sec. 45-5-1 - ADMINISTRATION The building inspector and deputy building inspectors (hereinafter referred to as the building inspector) aye hereby designated to administer and enforce this Code within the Town of Southold. Sec. 45-502 RULES ~ND~ REGULATIONS The Town Board may, after a public hearing, adopt rules and regulations the administration and enforcement of this Code. Sec.45-5©3 PERMITS A. Upon the payment o£ such fee as may be prescribed by resolution of the to~n hoard, permits shall be issued by and bear the name and signature of the building inspector and shall specify the following: (1) The activity or operation for which a~permit is issned. (2) The address or location where the activity or operation is to be conducted. (.3) The name and address of the permittee. (4) The permit number and date o£ issuance. (5) The period for which the permit is issued. B; Permits shall not be transferable or assignable and any change in activity, operation, location, wonership, or use shall require a new permit. C. Permits shall continue in effect fduring the period of time specified thereon, unless sooner suspended or revoked. The term of a permit may be extendedLby the building inspector, provided that a satsifactory reason can be shown for failure zo commence or complete the work or activity authorized within the required time period. D. Permits shall be required for activities or operations which may be provided hy amendment to this Code. E. COnso%'i'd'a'te'd P'er~i%s When more than one permit is required for the same propertyor premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder. F. Location of Permits Permits shall be kepm on the property or premises covered by the permit, or carried on the person of the permittee. G. Revocation or S~sp'ens'iOn ~f P:er~its Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit or a violation of this Code, or any order, notice, rule, regulation or determination. Sec. 45-504 INSPECTIONS A. The building inspector shall conduct periodic inspections for compliance w~th the provision of this Code. Such inspections may be made at any reasonable time. If entrance to make an inspection is refused or can not be obtained, the building inspector may apply to any court of competent juris- diction for a warrant'to make an inspection. B. In addition to inspectors as provided by Section 45-504 A hereof, the Town Board may appoint one assistant inspector for each of the fire dist~¢ts in the To~a~ who shall be recommended by the respective Boards of ire Commissioners. Such assistant inspDctors shall serve for a term of one year, or at the pleasure of the Town Board. Assistant inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary ~xpenses incurred in the performance of their duties within the apporpriations made therefore by the Town Board. Such assistantiinspectors shall not have en£orcement powers, their duties being limited to conducting periodic inspections for compliance with the provisions of this Code. In the performance of their duties, assistant inspectors shall have the same right to enter and inspect buildings as heretofore conferred upon the b~ilding inspector. Sec. 45-505 VIOLATIONS A. A person owning, operat9ng, occupying or maintaining property or premises within the scope of this Code shall comply with all of the provisions of this Code, and all orders, notices, rules, regulations or determinations issued in connection therewith. B. Whenever the building inspector finds that there has been a violation of this Code, or any rule or regulaiion adopted pursuant thereto, a violation order shall be issued to the person or persons responsible. C. Violation orders shall be in w~ting; shall identify the property or premises; shall specify the violation and remedial action to be taken; shall provide a reasonable time limit for compliance; and shall state the time within which an appeal may be taken. D. Violation orders may be served; by personal service; by mailing by registered or certified mail; or by posting a copy there£o in a conspicuous place on the premises, and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible. E. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the town board of the Town of Southold. Sec. 45-506 PENALTIES A. ~ailure to comply with any pro¥!s%on of this Code or any tules or regulations adopted pursuant thereto, or a violation order shall be deemed a violation and the violator shall be liable for a fine or not more than $250. or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation. B. An action or proceeding in the name of the Town of Southold may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this Code or any rule or regulation adopted pursuant thereto, or a violation order, or to vacate the occupancy or building in the case of imminent danger of life or property. Such remedy shall be in addition to penalties otherwise prescribed by law. Sec. 45-507' RECORDS The building inspectsr shall keep official records of all permits, inspectionmreports, recommendations, complaints and violation orders. Sec. 45-508. REMOVAL OF DANGEROUS BUILDINGS OR STRUCTURES A. A building or structure or part thereof, which is an imminent danger to life or safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance. B. Whenever the building inspector ~inds a building or structure, or part thereof, to be aa imminent danger to life and safety of the public as a result of a fire or explosion, the building inspector may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger. C. The builidng inspector may re quire the occupants of any buidling or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made sa~e. Except for the owner, no person shall enter premises which have been'ordered vacated unless authorized by the building inspector to perform inspections, repairs, or ~o demolish and remove such building or structure, or part thereof. D. Ail costs and expenses incurred by the Town o£ ~outhold in connection with any work done to removethe danger, or in connectmon with the demolition and removal of any such bui~Ri~g or structure shall be assessed against the land on which such building or structure is located,and a statement of such expenses shall be ~resented ~o the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be, and const%t~te a lien upon such lgnd. if the owner shall fail to pay such expenses within ten days after the statement is presented or JUNE 10, 1980 posted, a legal action may be brought to ~ollect such assess- ment or to foreclose such lien. As an alternative to the maintenance of ahy such action, the building inspector may file a certificate of the actual expenses incurred as aforesaid, together With a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the assessors, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in Re name manner, by the same proceedings, at the same time, and under the same penalties, as is provided by for law for the collection and enforcement of re~l property taxes in the Town of Southold. Sec. 45-509 REVIEW BOARD A. There is ~ereby established in and for the Town of Sotuhold, a Board of Review, consisting of seven (7) members to be appointed by the Town Board, who shall serve without compensation for a term of one (1) year. The town Board shall desginate a member of said Board of Review to act as chairman thereof. In making such appointments, the Town Board shall seek recommendations from the various fire organizations of the Town of Southold. B. The Board of Review shall have the power To vary or modify tn whole or in part any provision.~or requirements of this Code where practical difficulties or unnecesssary hardships may result from enforcement thereof, provided, however, that such variance or modiciation shall be consistent with the spirit of this Code. C. The building inspector shall obtain a copy of the Review Board's decision fox. his recors. ARTICLE VI Generally Accepted Standards Generally accepted standards re~erred to in this Part, unless otherwise indicated, shall be construed as follows: Provisions which are intended to be mandatory, or which establish requirements in excess o£ basic £ire prevention requirements, s~all apply. Provisions which are suggested, or recommended, or which establish requirements in excess of basic fire prevention requirements, shall not apply. Pr. ovisions which grant discretionary priers to modify or vary requirements, shall not apply; and Provisions which differ from the provisions of the Code, shall not apply. Sec. 45-601 ISSUING ORGANIZATIONS ANSI American National Standards Institute, Inc., 1430 Boradway, New York , New Yo~k 10018; NFPA National Fire Protection Association, 470 Atlantic Avenue, Boston Ma-sachusetts 02210; NYDH Department of Health, State of New York, 8~ Holland Avenue, Albany, New York 12208. NYDL Department of Labor, State of New York, Office of Administratmve Director, Building 12, State Campus, Albany, New York 12226 ~ Departmen~ of Labor, State of New YOrk, Business Administrative Office Two W~rld Trade Center, New York, New York 10047 USDA U.S. Department of Commerce- Handbooks, National Bureau of Standards, Washington, D.C. 20234. Sec. 45-602 GENERALLY ACCEPTED STANDARD'S'WITH CODE REFERENCE 'SECT~'0NS· . ~. ~ ~ec. 45-202 - Means Of E'gress'.~-NFPA Code fortSafety to Life from Fire in Buildings and Structures, No. 101, ~976; 45-203B Fuel Gas Systems NFPA- National Fuel Gas Code, No. 54, 1974, NFPA' Liquified Natural GaS, No. 59 A, 1975. 45-203C Liquified Petroleum Gas ~ontal'ners and Tanks NFPA - ~iquified Petroleum Gases, No. 58, 1976 ; NFPA - L~qui£±ed Petroleum Gases at Utility Gas Plants, No. 59, 1976 45-203D - Fuel Oil Systems NFPA - Oil Burning Equipment, No. 31, 1974 45-203 F - Heating Systems NFPA - Prevention of Furnace Explosions in FueI OiI and Natural Gas Fired Watertube Boiler Furnaces with One Burner No. 85, 1976 NFPA - Prevention of Furnace Explosions in Natural Gas Fired Multiple Burner Boiler Furnaces, No. 85B, 1978 NFPA - Prevention of Furnace Explosions in Fule OiI Fire Multiple Burner Boiler Furnaces, No. 85D, 1978 NFPA - Prevention of Furnace Explosions mn Pulverized Coal Fired Multiple Boiler Furnaces, No, 85E~ 1978 ~NFPA - Air Conditioning and Ventilating Systems, No. 90A, 1976 NFPA - Warm Air Heatmng and Air Conditioning Systems, No. 9OB, 1976 NYDL - Boilers, Industrial Code Rule 4, 1965 NYDL Construction~ installation, Inspection and Maintenance of Steam Boilers, Industrial Code Rule 14, 1958 45'-20'3'G -'Chimneys',' Fl~'es, and Gasvents NFPA-Chimneys, Fireplaces and Vents, No. 211, 1977 45-'203H - Incinerators and 'CompiCtors NFPA - Incinerators and Rubbish Handling, No. 82, 1977 45'-20'3I-Electrical Systems NFPA - National Etectircal Code, No. 70, 1978 N~PA -Stationary Combustion Engines and Gas Turbines, No. 37, 1975 45-2'03'J-~ommercial Cooking Equipment.; NFPA - Removal of Smoke and Grease-Laden Vapor from Commerlcal Cooking Equipment, No. 96, 1976 '45-2'03K ('l)-Fire Protection Water Supply NFPA - Centrifugal Fire Pumps, No. 20, 1978 NFPA -Water Tanks for Private Fire Protection, No. 22, 1976 NFPA - Supervision of Valves Controlling Water Supplies £or Fire Protection, No. 26, 1976. 45-20'3K(.'2)'- 'sprinkler S'yst'ems NFPA - Sprinkler Systems, No. 13, 1976 NFPA - Water Spray ~Fixed ~Mstems for ~ire Protection, No.' 15, 1977 NFPA - Foam-Water Sprinkler Systems and Foam-~ater Spray Systems, No. 16, 1974. 45'-'2'0~K '('3')'- St'a~'dp~p'e Sy's't~ms NFPA - Standpipe and Hose JUNE 10, 1980 Systems, No. 14, 1978 45-203K(4) - Yard Hydrant Systems NFPA- Outside Protection, No. 24, 1977 45-203K(5) -Portable Fire Exting- uishers NFPA - Portable Fire Extinguishers, No. 10,1978 45-203K(6) Fire Alarm Systems NFPA - C~ntral Station Signaling SysTems, No. 71, 1977 NFPA - Local Protective Signaling Systems, No. 72 A, 1975 NFPA -Auxiliary Protective Signaling Systems, No. 72 B, 1975 NFPA -Remote Station Protective Signaling Systems No. 72A, 1975 NFPA -Proprietary Protective Sugnaling Systems, No. 72 D, 1975 45-203K(7) -Fire and Smoke Detectors NFPA-Automatic Fire Detectors, No. 72E,1978 NFPA -Household Fire Warning Equipment, No. 74, 1978 45-203K(8)-Foam' and Chemical Fire Extinguishing Systems NF~A-Foam Extinguishing Systems, No. 11, 1978 NFPA -High Expansion Foam Systems, NO. 11A,1976 NFPA- Synthetic Foam and Combined Agent Systems, No. 11B,1976 NFPA-Carbon Diozide Extinguishing Systems, No.12, 1977 NFPA-Halogenated Fire Extinguishing Agent Systesm-Halon 1301, No. 12A,1977 NFPA-Halogenated Fire Extinguishing Agent Systems-Halonl211, No. 12B, 1977 NFPA- Dry Chemical Extinguishing Systems, No. 17, 1975 45-203L.,M.-Elevator Equipment and Hois~ways and Shafts ANXI-Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, A17.1-1971,Including Supple- men~s A 17.1a-1972, A17.1b- 1973, A17.1c.-1974, A17.1d~-1975,A17.1e- 1975, A17.1f-1975 and A1-.lg-1976. NYDL-Construction, Guarding, Equip- ment, Maintenance and Operation of Elevators, Dumbwaiters, Escalators, Hoists and Hoistways in Factories and Merchantile Establishments,, Industrial Code Rule 8,1923 45-203N-Combustible Cooling Towers NFPA -Water Cooling Towers, No. 214, 1977 45-2030 - Swimming Pools, NYDH- 10NYCRR, Part 6 - Swimming Pools and Bathing Beaches, State Sanitary Code, December 31, 1975 45-203Q-Commerical O~ens NFPA-Ovens and Furnaces, No. 86A, 1977 NFPA - Industrial Furnaces, No. 86B, 1974, NFPA - Industrial Furnaces Using a Special Processing Atmosphere, No. 86C,1977. 45-204B -Places of Assembly NFPA - Code for Safety To Life from Fire in Building and Structures, No. 101, 1976. NYDL-Places of Public Assembly, Indistrial Code Rule 36, 1967 45-204C-Service Stations and Garages NFPA - Flammable and Combustible Liquids Code, No. 30, 1977 NFPA -Parking Structures, No. 88 A, 1973 NFPA-Repair Garages, No. 88B, 1973 4'5~-204D'-Aba'ndonment or Removal of Underground Tanks NFPA- Flammable and Combustible Liquids Code no. 30, 1977 45-204E-Dry Clean- ing Plants NFPA -Dry Cleaning Plants, No. 32, 1974 Nlq)L-Coin Oper- a,ed ~achines, Industrial Code Rule 43, 1966 45-204H-Tents an'd Air- Supported StructUres NFPA-Tents, Grandstands and Air-Supported StrucTures Used for Places of Assembly,No.102,1972 NYDL-Places of Public Assembly, Industrial Code Rule 36, 1967 45-204K-Airports, Heliports and He'listops NFPA-Aircarft Hangars, No. 409, 1975 NFPA Aircraft Welding Operationsin Hangars, No.410E,1975 NFPA-Aircraft Fueling Ramp Drainage, No. 415, 1977 NFPA-Airport Terminal Buildings, No. 416, 1975 NFPA-Roof-top Heliport Construction and Protection No. 418, 1973 45-204L-Piers, Wharves and Marine Terminals NFPA-Cons~ruc~ion and Protection of Piers and Wharves, No. 87, 1975 45-204MtMarinas and Boatyards NFPA-Mar~nas and Boatyards, No. 303, 1975 45-204N-General Ou%'door Storage NFPA-Outdoor General Storage, No. 231A, 1975 45-301- Flammable and Combustible Liquids and Finishes NFPA-Flammable and Combustible Liquids Code, No. 30, 1977 NFPA-Solvent Extraction Plants, no. 36, 1974 NFPA-Explosion Prevention Systems, No. 69,1973 NFPA Blower and Exhuast Systems, No. 91, 1973 NFPA-Basis Class~ification of Flammable and Combustible Liquids, No. 321, 1976 45-301C~Po~table Tanks and Containers NFPA-Cleaning or Safeguarding Small Tanks and Containers, No. 327, 1975 45-302D-Dip Tanks NFPA-Dip Tanks, No. 34, 1974 45-301 E-Spray Finishing NFPA-Spray Application Using Flammable and Combustible Materials, no. 33, 1977 45-301G-Dry Cleaning NFPA- Drycleaning Plants, No. 32, 1974 45-302D-Dust NFPA-Pulverized Fuel Systems, No. 60, 1973 NFPA-Manufaoturing and Handling Starch, NO. 6lA, 1973 NFPA-Grain Elevators and Bulk Grain Handling Facilities, No.61B 1973, NFPA-Feed Mills, No. 61C,1973, NFPA-Dus~ Explosion in Industrial Plants, No. 63, 1975 NFPA-Aluminum, No. 65, 1975, NFPA-Pneumatic Conveying SysTems for Handling Feed, Flour, Grain and Other Agric~ ultural Dusts, No. 66, 1973, NFPA-Blower and Exhaust Systems, No. 91, 1973, NFPA-Aluminum or Magnesium Powder, No. 651, 1974, NFPA-Coal Preparation Plants, No. 653, 1971, NFPA-Plastics Industry, No. 654 1975, NFPA-Prevention of Sulphur Fires and Explosions, No. 656, 1971, NFPA-Spice Grinding Plants, No. 656, 1971, NFPA-Woodworking and Wood Flour Manufacturing Plants, No. 664, 1971 45-3'03'-'Haza'r~ous' ChemiC'a'ls NFPA-Hazardous Chemicals Data, No. 40, 1975 45-303C-'Fl'gmm'gb'l'e' Sol'ids NFPA-Titanium, No. 481, 1974 NFPA-Zirconium, No. 482M, 1974 45-303E- Oxidizing Materials NFPA-Storage of Liquid and Solid Oxidizing Materials, No. 43A, 1975 45-303G-Radioactive Materials ANSI- Radiation Symbol N2.1, 1969 NFPA-Facilities Handling Radioactive Materials, No.801 1975, USDC, Safe Handling of Radioactive Materials, H92,1964, NYDL- JUNE 10, 1980 Ionizing Radiation Protection, Industrial Code Rule No. 38(12NYCRR38), effective July 10, 1978 45-303H-Unstable Chemicals NFPA-Storage of Ammonium Nitrate, No. 490, 1975 45-304B-Bulk Oxygen NFPA-Bulk Oxygen Systems at Consumer Sites, No. 50, 1974 45-304C~Hydrogen NFPA- Gasious Hydrogen Systems at Consumer Sites, No. 50A, 1973, NFPA-Liquified Hydrogen Systems at Consumer Sites, No. 50B, 1973 45-304D-Flammable Anesthetics NFPA-Inhalation Anesthetics, No. 56A, 1973 45-304E,Nonflammable Medical Cases NFPA-Inhalation Anesthetics, No. 56A, 1973, NFPA-Nonflammable Medical ~as Systems, No. 56F, 1977 45-304F-Anhydrous Ammonia ANSI- Storage and Handling of Anhydrous Ammonia, No. K61.1-1972 45-305 - Explosives ~ Ammunition and Blasting Agents NFPA-Storage o£ Ammonium Nitrate,~No. 490, .1975, NFPA-Explosive Materials, No. 495, 1973, NFPA Explosives, Motor Vehicle Terminals, No. 498, 1976, NYDL-Sand, Gravel, Crushed Stone and Quarry Operations, Industrial Code Rule 17, 1974, NYDL- Underground Mining Operations, Industrial Code Rule 31, 1974, NYDL- Possession, Handling, Storage and Transportation of Explosives, Industrial Cod~ Rule No. 39, 1973. NYDL-Open-Pit Mining Operations, Industiral Code Rule 51, 1974 45-306BvWelding and Cutting ANSI-Safety in Welding and Cutting,Z49.1-1973 NFPA-Cutting and Welding Processes, No. 5lB, 1977 45-3Q6C'~OXy:~FU~'l''G~'~ ~'l~i.'ng ~'n~ C~'~!ng NFPA - Oxygen~Fuel Gas Systems for Welding and Cutting~ No. 51, 1977 45~'3'0'6E- ~c'e'ty'l~e ~enera~O~r' Ho~ses and Rooms NFPA-Acetylene Cylinder Chqrging Plants, No. 5lA, 1974 4'5-'3'06F Calcium Carb'id~"s20rage NFPA-Oxygen-Fuel Gas Syszems for Welding and Cutting, No. 51, 1977 NFPA-Acetylene Cylinder Charging Plants, No. 5lA, 1974 4'5'-'3'0'7-Ft~n'igan't~ an~ Therm~'l' !h.~ct~d'~ai'~g!~g Lii~Ui~s NFPA- Fumigition, No. ~7, 1973 ~U~3ZI' MagneSium NFpA-Storage, Handling and Processing o~ M~gnesium, No. 48, 1974 NFPA-Alumi.num or Magnesium Pow/der, No. 61, 1974 ~'5'~3'12-~rgafft~ 'Co'a~t'i'n'gs NFPA -Manufacture of Organic Coatings, No. 35, 1976 4'5'-'Ce'l'lulose Nit'rate (~yroklin') Pl'a's:tics NFPA- Storage Of Pyro~l!n Plastic, No. 40E, 1975' 45~316 Cell'~tOse Nit'r~te Moti~n Pi'c~ure Film .NFPA-Cellulose Nitrate Motion Picture Film, N~. 40, ~974_ 4'5-4'04'-Fir'e E~l'i' Dr'ills NFPA- Code ~or Safety to Li~e from Fire in Buildings-and Structures-, Chapter 17, No. 101, 1976 45-603 ThiS: 1OC'a~l''l'aw s:h~ll take' e~£eC't immediately. Vote of the Town Board: Ayes; Councilman Sullivan, councilman ~urdock, Councilman Nickles, Councilman Drum~ Supervisor Poll. This resolution was. declared duly adopted~ S[UPERV~SOR PELL~ That completes our agend~ ~ ~ill ask the Board members-if they have anythin~ to b~ng up. COUNCILMAN SULL~VAN~ Jusf that the gentlemen wh~ r~ised his hand and spoke. 1 have a copy of that article on H~UD, that Re'a'd'e'r"s Digesv article if you would like ~t. MR. LYTLE: I w~nted t~.~comment on number 23. You glossed over ~t. SUPERVISOR PELL: We did not want to-- we are not ready to bring that up. 1 put it on the agenda. ! discussed it with the Board at the working session today and the Board ~eel~ we are no~ ready to move on it at this time. It will be on the next agenda most likely. ([note: V-23 - Set a public hearing date for a Local Law to amend the Traffic Ordinanoe.) MR. LAWRENCE ~DERSON: First I~ve been asked to inquire !~ there is a target date sez ~er the Sen~or Citizen/Youth Center t~ be opened? SUPER¥~SOR PELL: I have called a meeting o~ the presidant~ and y~uth, ! think it is' July 7th, to sit down ~i~th. th.em and it Fill be~ I hepe~ right after that. Th~ letters are out to the three presidents of the senior citizen clubs to come in and discuss it, I think it is July 7th. MR. ANDERSON: Thank you very much. The second question - what in the world is that hole for in front o£ the Senior Citizen/ Youth Center? SUPERVISOR PELL: That is for a swimming pool. No, all kidding aside, I'll tell you what that is for. That ia in case you d~n't like 2hat building up there you can take the To~n Board out and drown them in ~t. Or better yet you can ~se it in the winter time for ice hockey, be like the Islanders, we can train our young. MR. ANDERSON~ I thought it was for zhe seniors to go skinny dipping. JUNE 19, 1980 ~UpERV~O~ PELL; That is for drainage. There will be great big catch bas!n~ put below there inthat hole, it will be filled up and filled in on top. We have done the same thing in other parts of the Town. It will be an area for the water to go and then seep out through the field. That is what it is for and then it will be all seeded on top with grass and you won't even know they are there. Anybody else wish to be heard? Joe Townsend. MR. JOSEPH TOWNSEND, JR.: On number 26, the Senate Bill No. 9701, you said that depending on the urgency of the issue with Senator LaValle you would table it for a period of time. It is a very important issue to the Village of Greenport, I know, because there are substantial federal monies that hand in the balance and if you are in fact, considering not going along with it, not that that is necessarily an error, I was wondering when there will be some public discussion. Because if Mr. LaValle comes up and says, "I have to know tomorrow," does that mean you are going to have a special meeting? SUPERVISOR PELL: I will call Senator LaValle's office first thing tomorrow morning and I will make a judgement when he needs it and if he needs the information right ~way I will call a special meeting of the Board and we will have time and I will contact as many people as I can. I hope the press puts this in the paper that if I call him tomorrow morning I still can get it in the press tomorrow after- noon. It all depends on what Mr. LaValle says how much time I have. MR. TOWNSEND: Would you care to express an informal opinion on how the Board feels on the Coastal Zone plan? SUPERVISOR PELL: Would I? As Mr. Be~r expressed it already, the Board was ready to vote no. MR. TOWNSEND: No, why? SUPERVISOR PELL: They felt it was a duplication. Everyone speak for themselves. COUNCILMAN MURDOCK: Mostly because of duplication. I would appreaciate any information you have. If you could ~ormulate a letter to where it would benefit the Village of Greenport and how it would affect the Town of Southold so that we would have input. We've heard exactly nothing from any other agency in town or local gdvernments about it and what it would do for them. COUNCILMAN DRUM: I felt it was a duplication and for some other reasons. However, I'm very willing to listen to anyone. For good reasons, I've changed my mind many times. SUPERVISOR PELL: AnywaY I'll talk to Mr. LaValle first thing in the morning and try to get it and if I feel it is important ! will call the Board and call a special meeting of the Board if I have to. I'm not allergic to doing that. They like to meet with me, especl_ally on Thursdays. MRS. SHIRLEY CROCKER: Several months ago the Health Department was here talking about Temik in the wells. Do you h~e any input you can give us on the present condition of the drinking water, I'm tired of carting jugs of water £rom the supermarket. I went to the Greenport Water Company and they told me everything was hunky dorey and then the newspaper article came out that we do have five Temik levels in certain wells and I'm really reluctant to give it to my family. And I'd like to know if y~u h~ve any input to al~ay my fears. Has the Health Department told you we should drink the water or we shouldn't drink the water? SUPERVISOR PELL: The Health Department has told us no more than they have told you. Sam, do you want to add something? MR. SAMUEL MARKEL: I received a letter from the Health Department. The~ were testing a well entthe North. Road and it was below the levels that were supposed to be dangerous by quite a bit and that's right in the back of farms and all around farms, that~ the letter I got. I still have the letter if the Town Clerk wants it. SUPERVISOR PELL: We discussed that at Town Board a little bit .today. Councilman Drum has farms all around where he lives on all sides of- JUNE 10, 1980 him. He got his letter back and it ~as 1 percent, one count per billion? COUNCILMAN DRUM: Yes, just one count. SUPERVISOR PELL: Farms all around him. Hiw well is 75 feet deep, I believe. MRS. CROCKER: I'm concerned with the Greenport water, I mean the water that is being served from Greenport. I'm not talking about private wells. SUPERVISOR PELL: Ail right, Greenport Water System. I spoke TO Senator Moynihan's office the other day, they had a representative up here. The Village of Greenport, Mr. Monsell and somebody else was with him, Joe was here. They are filing some forms with them for I believe it is financial aid to develop their water system. I don't know what it was all about but she just called me, she had my number, not Mr. Monsell's. Wanted to know where the letter was coming. I know they are working on it. COUNCILMAN MURDOF~t~: The Suffolk county Health Department has agreed with Greenport Water District that the w2ter from the wells that they're using does not have a harmful level of Temik. They have closed down using one well. I forget what report I read that in, that they concur that Greenport can use water fro their clients. The--- MRS. CROCKER: No, now what I read in the newspaper. COUNCILMAN NICKLES: I know what you read, Shirley. What you read us' that they are using one of the contaminated wells to supplment their water. MRS. CROCKER: Yes and I have a teenager with a pancreatic distrubance and I'm nust not going to takr the chance. SUPERVISOR PELL: If you will call me tomorrow, I'll call you, a~ter I check with the Village of Greenport and find out exactly what's going on. Anybody else wish to address the Board, it's been a long day for us, we started this morning early. MR. ARTHUR WEBER: I'd like to know when our Senior Citizen building is really going to get done. They told us so many leaks.and every- thing else -- SUPERVISOR PRLL: The leaks are all fixed. Everything is pretty well in shape. WU on the Town Board are going to take it over in the very near future. We have a meeting July 7th with the senior citizen chairmen and youth and make plans from there. It will be, r would say, mid July when ye will take St over. MR. WEBER: The way r heard it, they had the wrong mechanics, doing the wrong jobs. SUPERVISOR Pall: That's what took so long, to get some of this corrected. Anybody else? (No response.) On motion o~ Councilman Nickles, seconded hy Supervisor Pell, it was RESOLVED that there being no further business tO come before this Town Board meeting adjournment be called at 9:40 Vote of the Town Board: Ayes: Councilman Sullivan, Councilmna M~rdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted~