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HomeMy WebLinkAboutTB-09/08/2009ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES September 8, 2009 7:30 PM A Regular Meeting of the Southold Town Board was held Meeting Hall, 53095 Main Road, Southold, NY. Supervisor PM with the Pledge of Allegiance to the Flag. Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net t 7:30 .Call to Order ? 7:30 PM Meeting called to order on Septem~[,8, )_009 Southold, NY, Attendee Name I. Reports Title :lng Hall, 53095 Route 25, Justice Supervisor Town Cl~k Town Attomey statUs! Arrived !~ Present Present Present Present Present Present Present Present August 2009 Monthly Report Town Clerk Monthly Report September 2009 Zba August 2009 September 8, 2009 Page 2 Southold Town Board Meeting Minutes II. Public Notices 1. NYS DEC Notice of Complete Application National Grid Generation LLC, St Rt 25, west of Chapel Ln, Southold. Renewal of Title V permit for 5 more years; facility consists of one black start Combustion Turbine, fuel oil tanks, and several smaller tanks used for storing distillate, lubrication and/or dielectric oils. 2. Liquor License Renewal Application Bedell North Fork, LLC d/b/a Bedell Cellars, 36225 Main Rd., Cutchogue 3. Town of Riverhead LL # 36 III. Communications IV. Discussion 1. 9:00 AM - John Cushman Budget Update 2. North Fork Trail Signage Match 3. 10:00 AM - Mike Verity - Electrical Underwriters in the Town of Southold - Review of derelict building 4. 10:30 Am - Heather Lanza Grant proposal for Comp Plan Update and TIGER 5. 11:00 Am - Chief Coehran Police Staffing and Sergeant Vacancies 6. Deer Management Meeting Update 7. Vacancy on LI North Shore Heritage Area 8. Police Costs for August 15Th Barge Bash Event 9. Request for Support for Feasibility Study sewers and wastewater treatment facilities 10. Request for Use of Strawberry Fields September 8, 2009 Page 3 Southold Town Board Meeting Minutes 11. LWRP Amendment Update 12. Follow Up on Code Committee Issues wireless code, wind energy, convenience stores, HAC affordable apartments 13. SWMD Permit Fees and Parameters for Effective Date 14. Motorcycle Noise Regulation 15. ZBA Appointment 16. 1:00 Pm - Executive Session - Mike Krauthamer, Esq. Contract Negotiations 17. Executive Session Employment History of a Particular Person Pledge to the Flag Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the flag. Thank you. I am going to invite anybody that wants to come up and address any of the items as they appear on the agenda at this time. Would anybody like to comment on the agenda items? Peter Terranova, Peconic PETER TERRANOVA: Good evening, Peter Ten'anova from Peconic. I just wanted to make a comment on resolution 2009-749, this is a budget modification on the county, related to the scenic byways project and my question is, is it customary for the administration of the Town to let out a contract for work without the grant that was expected by the funding for this project and if so, I would hope that that practice be discontinued and who is responsible for letting out this contract without the money from the state? Okay? in hand. Doesn't seem to me to be prudent fiscal practice, to let out a contract without first having the money, because now we are faced with the town having to pay this bill and taking money away from other places and we all know we arc already in a deficit. So, that is my comment. Thank you. COUNCILMAN KRUPSKI: Well, it didn't pass. The resolution didn't pass yet. Not all of us are in favor of that, so you know .... SUPERVISOR RUSSELL: The, as a point of clarification, that is the max, the $20,000 was what we had committed as a township a few years back anyway. We are just paying the money a little sooner than we anticipated because of a glitch with the contract. But our ceiling on that from day one had been $20,000. No more, no less. Would anybody else like to address the Town Board? I am sorry? September 8, 2009 Page 4 Southold Town Board Meeting Minutes MR. TERRANOVA: It says that on February 3, the Town Board had authorized the completion of that phase for a total cash outlay not to exceed $9,000. And they you further learned, okay, that that outlay was actually going to be $5, was to be funded by the Town and $25 was to be funded by a state and federal grant. So now we are faced with work totaling $20,000 of which now the town is on the hook for. So that is my question. Why would you, I mean, I wouldn't go hire a contractor to do work on my house if I didn't have the money in the bank. So that is my question. SUPERVISOR RUSSELL: Yeah. We actually, if you notice, that first that you referred to, the design, there are several different phases. Design, construction etc., but again, the $20,000 that we are allocating tonight, if it passes, would be the entire project, our commitment from the beginning had been $20,000 cash outlay. We are just ponying up a little earlier and then taking the grant as reimbursement. Also, I am not sure that you want to wait for the grants to arrive before you embark on a project of any measure. That might be precluding yourself from getting a lot of good things done. Grants, contracts take time. When you are dealing with other entities such as the state of New York, we would be foregoing a lot of money, critical drainage projects, things like that. Waiting to get the cash in hand is unfortunately not the process that has been set up by the state of New York. Whatever granting agencies are out there. That, you would be taming down a lot of good work for the taxpayers that way. COUNCILMAN KRUPSKI: Yeah, in defense of that kind of policy and action by the town, I know from the Land Preservation Committee standpoint, we do get grants from the federal government and from the state after the fact, after the project has been closed. We get reimbursed, you know, afterwards. So it is... COUNCILMAN ORLANDO: Not uncommon. COUNCILMAN KRUPSKI: Not during the contract. MR. TERRANOVA: Well, this doesn't say that. It is unknown whether you are going to get it. And in our current fiscal climate, we are not working off a surplus, okay? The well is dry. So, again, prudent fiscal management would dictate that if you are depending on a grant to complete a project, okay, or to fund a project, you should at least have very high assurance that you are going to get that. Okay?. Now to go back after the fact and really ask the taxpayers now to pony up, okay, is disingenuous. COUNCILMAN KRUPSKI: For a project that really was unnecessary. MR. TERRANOVA: I am not commenting on whether or not the project was necessary or not. COUNCILMAN KRUPSKI: Well, that is important. MR. TERRANOVA: No, it is not important. Okay? It is not important. This is fiscal management. We are talking about a management issue here. Okay? How you manage the September 8, 2009 Southold Town Board Meeting Minutes Page 5 fiscal health of the town. And to spend money that you don't have, okay, is not fiscal prudent management. That is my comment. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the agenda items? Mrs. Grzesik, your item, which I know why you are here, is not on the agenda. But what happens is we will get through the agenda and then open up for public comment on any issue. That would be your opportunity. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 11, 2009 yes/Aye N~/Nay Abstg!~ ~b~n~ William Ruland Vot~ ~ ~ D ~ ~ Acc~t~ Vinc~t Orl~do Vot~ ~ ~ ~ ~ Louisa P. Evans ~ifiat0r ~ D ~ n RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 25, 2009 ~ ~fe R~OOr~; ~p~alce 0f Minutes for Auga~t 2Si 2009 4:30 PM yes/Aye No/Nay Abstain Absent William Ruled Vot~ ~ ~ ~ ~ ~ Acc~t~ Vincmt Orl~do : Vot~ ~ ~ ~ ~ ~ Acc~t~ as Am~d~ ~!~ ~ ~' ~ Tabl~ ~omas H Wic~am S~ondg ~ ~ ~ ~ ~uisa P. Eva~ ~itiator ~ ~ ~ ~ Scott Russell Vot~ ~ ~ ~ ~ V. Resolutions 2009-732 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit 9/8/09 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 8~ 2009. September 8, 2009 Southold Town Board Meeting Minutes Page 6 [] Adopted yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Withdmwn Thomas H W ckham Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Sco6 Russell Voter [] [] [] [] 2009-733 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 9/22/09 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 22, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter gl [] [] [] [] Defeated Vincent Orlando Voter [] [] : [] [] [] Tabled [] [] [] [] Albert Krupski Jr. Voter [] Withdmwn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt Voter [] Rescinded Scott Russell ~ ~ r'l D 2009-734 CA TEGOR Y: DEPARTMENT: Special Events Town Clerk Grant Permission to Boy Scouts Troop 6 to Hold Its Annual Boys Scout Car Show on Saturday, September 5, 2009 Fiscal Impact: Total Police cost for the event = $121.76 Note: This resolution was inadvertently dropped from the 8/25/09 agenda RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy Scouts Troop 6 to hold its Annual Boys Scout Car Show on Saturday, September 5, 2009 (rain date September 6) from 9:00 AM to 5:00 PM at the Peconie Lane School, Peconic Lane, Peconic, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured and contact Captain Flatley upon receipt of the approval of the resolution to coordinate traffic control. Any fees associated with this September 8, 2009 Page 7 Southold Town Board Meeting Minutes approval shall be waived. [] Adopted Y~s~Aye No/Nay Abstain Ab~n~ [] Adopted as Amended William Ruland Initiator [] [] ] [] [] [] Defeated vincent orlando Seconder [] [] Fl [] [] Tabled Albert Krupski Jr. V0t~r gt [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-735 CATEGOR~ DEPARTMENT: Retirement/Resignation Accounting Intent to Retire PO Vincent Tirelli RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intent to retire of Vincent Tirelli from the position of Police Officer in the Southold Town Police Department, effective September 26, 2009. ~' Vote R~cord - Resolution RES-2009-735 [] Adopted , Yes/Aye No/Nay Abstain Absent [3 Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [3 [] [] Tabled Albert Krupski Jr. Seconder [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [~ [] [] [] 2009-736 CATEGORY: DEPARTMENT: Employment - Town Accounting Accepts Retirement of PO Michael Fingerle RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Michael Fingerle from the position of Police Officer in the Southold Town Police Department, effective August 27, 2009. September 8, 2009 Southold Town Board Meeting Minutes Page 8 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter I~l [] [] [] [] Defeated ~ ~ec~d~ ~ 13 13 [] Vincent Orlando [] Tabled Aib~ ~ki ~,i [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] o Comment regarding resolution 736 COUNCILMAN KRUPSKI: I would like to acknowledge that he was a good man and he served the Town well. SUPERVISOR RUSSELL: I would like to acknowledge he is still a good man and Mike, we'll 2009-738 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Appoint District Counsel for FIFD WHEREAS, the Town Attorney for the Town of Southold has advised the Fishers Island Ferry District Commissioners that appointment of District Counsel is in the best interest of the operation and management of the District; and WHEREAS, the Fishers Island Ferry District Commissioners have interviewed, found qualified, and selected BRIAN T. EGAN, ESQ., and the firm of EGAN & GOLDEN, LLP, of Patchogue New York as District Counsel; and NOW THEREFORE, be it RESOLVED that the Town Board of the Town of Southold hereby approves the appointment by the Fishers Island Ferry District of EGAN & GOLDEN~ LLP, Attorneys at Law, of Patchogue~ New York~ as District Counsel to the Fishers Island Ferry District for an initial annual retainer of $18,000. Said annual fee shall include all service as counsel, and shall exclude the defense or prosecution of litigation, in which event the hourly rates for the firm shall be $200 per hour. The retainer shall be subject to review and renewal at the annual meeting, and subject to the approval of the Town Attomey. September 8, 2009 Page 9 Southold Town Board Meeting Minutes Vote Record - ResolutiOn RES-2009-735 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] ~ [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr, i Voter [] [] . [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P~ Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-739 CATEGORY: DEPARTMENT: Employment - FI~D Accounting COLA Raise for PT Deckhands FIFD Eagan & Londregan WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their September 1, 2009 monthly meeting to increase the salaries of Daniel Eagan and Timothy Londregan, part time deckhands by 3.5% (new rate $9.315) effective June 1, 2009, (both were inadvertently left offthe list of part timers to receive an increase in June) and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salaries of part time deckhands Daniel Eagan and Timothy Londregan by 3.5% effective June ~ 2009. ,t' vote Record ~ R0~lfifi6fi RES.2009.739 ; [] Adopted Yes/Axe Np/Na}' ~ Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [3 [] Tabled Albert Krupski Jr. Voter [] [] [3 [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] : [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-740 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Public Safety Dispatcher Tanya Newman to Attend Mandated Certification September 8, 2009 Page 10 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants permission to Public Safety Dispatcher I Tanya Newman to attend mandated certification on Advanced Emergency Medical Dispatch in Setauket~ New York~ commencing Frida¥~ October 16 through Sunday, October 18, 2009. All expenses for registration and meals to be a legal charge to the 2009 Public Safety budget line - A.3020.2.200.700. Vote Record -ReSolution RES-2009-740 [~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter gl [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] Voter [] Rescinded Scott Russell [] [] [] [] 2009-741 CATEGOR~ DEPARTMENT: Organizational Police Dept FI Emergency Manager RESOLVED that the Town Board of the Town of Southold hereby acceots the resignation of Michael ImbrigHo from the position of Deputy Emergency Manager for Fishers Island, and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints Jerem¥ Doucette to the position of DepuW, Emergency Manager for Fishers Island effective September 2009. ~ ~0te R~rd ~ Resolution RES-2009a741 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent 0~i~do [] [] [] Tabled Initiator [] [] [] Withdrawn Albert Kmpski Jr. Seconder ~ [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [~ [] [] [] 2009-742 CA TE G OR Y: DEPARTMENT: Close/Use Town Roads Town Clerk September 8, 2009 Southold Town Board Meeting Minutes Page 11 Amend 2009-678 - Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Love Lane Movie Nights and Close Love Lane on Thursday, August 13 and Friday, August 28, 2009from 6.'00 PM to 11 PM Fiscal Impact: Total Police cost for event = $182. 64 per night RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2009- 678 adopted at the August 11, 2009 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of Commerce to hold its Annual Love Lane Movie Nights and close Love ~.~a~., A ..... * 2999 Saturday~ September 5, 2009 from Lane on Thursday, August 13 and ..... ~,..~o. ~o 6:00 PM to 11 PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. The Special Event fee of $100 and $250 Clean-up deposit fee shall be waived. Vote Record - Resolution RES~2009-742 [] Adopted Yes/Aye No/Nay Absta n Absent [] Adopted as Amcmded William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [3 Withdrawn Albert Krupski Jr. In t ator [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [3 Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] Voter [] Rescinded Scott Russell [] [] [] [] 2009-743 CATEGORY: DEPARTMENT: Support/Non-Support Resolution Town Attorney L! Community Foundation Letter in Support RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter in support to the Long Island Community Foundation regarding the grant application by the Southold Town Anti-Bias Task Force~ as Sponsor, working in partnership with the Southold Youth Bureau Board and local school districts in an effort to develop and administer a survey in schools whose findings will be September 8, 2009 Page 12 Southold Town Board Meeting Minutes utilized to tailor actions in working with the community to foster an atmosphere of inclusivity and specifically mitigate hate crimes and violence, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2009-743 ..... [] Adopted Yes/Aye No/Nay Absta n Absent [] Adopted as Amended William Ruland , ~oter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krapski Jr. Voter ' [] [] ~ [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. E~ans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-744 CATEGORY: DEPARTMENT: MS4 Notice of Intent Contracts, Lease & Agreements Town Attorney RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Town's Notice of Intent to comply with the New York State Department of Environmental Conservation Phase II SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s) (GP-0-08-002), subject to the approval of the Town Attorney. ~' V0te Rec0rd - Resolution RES-2009-744 [] Adopted Yes/Aye No/Nay A~stain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albea Krup~k! #: ~o~r [] [] [] [] [] Supervisor's Appt i Thomas H. Wickham Initiator ~ [] [] [] [] Tax Receiveffs Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-745 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Stipulation of Settlement W/CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Stipulation of Settlement between the Town of Southold and the CSEA in connection with the settlement of PERB Case #U-29148. September 8, 2009 Page 13 Southold Town Board Meeting Minutes [] Adopted Ye~/Aye No/Nay Absta n Absent [] Adopted as Amended William Ruland In!t!~ [] El [] [] 13 Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Kmpski Jr. Voter [] [] 13 13 [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] Louisa P. Evans Voter ~ [] [] [] [] Tax Receiver's Appt ~ [] Rescinded Scott Russell Voter [] [] [] [] 2009-746 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Fiscal Impact: First time employee has cashed in holiday time as per contract RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From:, A.3130.1.100.200 Overtime Earnings $3,007.94 To: A.3130.1.100.500 Holiday Earnings $3,007.94 [] Adopted Ye~(~ ~9~Y P'b~9!~ Ab~ [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vinceat Orlando Initiator [] [] [] [] El Tabled A!bm ~pSki ir Seconder gt [] Fl FI [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] El [] Rescinded Scott Russell Voter [] [] [] [] 2009-747 CA TEGOR Y: DEPARTMENT: SWMD Budget Mod Budget Modification Solid Waste Management District Fiscal Impact: For unexpected engine repairs on Ford Tractor which is needed to keep up with trucking recyclables, C&D. September 8, 2009 Southold Town Board Meeting Minutes. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Solid Waste Management District budget as follows: Page 14 From: Maint/Supply Komatsu Loader (SR 8160.4.100.550) $ 2,750 To: Maint/Supply Ford Tractor (SR 8160.4.100.580) $ 2,750 [] Adopted Yes/Ay~ No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled ~!i!~t~ [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [3 [] [] 2009-748 CATEGOR~ DEPARTMENT: Misc. Public Hearing Town Clerk Set 7.'32 PM, Tuesday, October 6, 2009, for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Block Grant Funds RESOLVED that the Town Board of the Town of Southold hereby sets 7:32 PM~ Tuesday~ October 6~ 2009~ Southold Town Hall~ 53095 Main Road~ Southold~ New York 11971~ as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $130,000 in Community Development Block Grant funds the town of Southold expects to receive in April 2010 and authorizes the Town Clerk to publish an "Announcement of Public Hearing Notice". vote Record - ResoLution RES-2009-748 [] Adopted y~s/Aye No/NaY Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] rq [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [3 [3 [] Rescinded Scott Russell Voter [] [] [] [] September 8, 2009 Southold Town Board Meeting Minutes Page 15 2009-749 CATEGOR~ DEPARTMENT: Budget Modification Accounting Budget Modification-Scenic Byways Project Fiscal Impact: To cover additional expenses incurred for the Scenic Byways Project anticipated to be funded through state and federal grant that has not been awarded. The Town is still seeking this grant, the outcome of which is presently unknown. WHEREAS on February 3, 2009 the Town Board of the Town of Southold had authorized the completion of Phase II (Design), New York State Scenic Byways Project Agreement for total cash outlay not to exceed $9,000, and WHEREAS the Town has learned that Phase II (Design), New York State Scenic Byways Project Agreement, had a total cost of $30,000, of which $5,000 was to be funded by the Town and $25,000 was to have been funded by a State and Federal grant, and WHEREAS the Town has learned that the State and Federal grant for completion of Phase II (Design), New York State Scenic Byways Project Agreement has not materialized and WHEREAS the contractor hired for completion of Phase II (Design), New York State Scenic Byways Project Agreement has completed work totaling about $20,000, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the work completed to date on Phase II {Design)~ New York State Scenic Byways Proiect Agreement total cash outlay not to exceed $20~000 and be it further RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: A.1990.4.100.I00 Contingent, C.E. Unallocated Contingencies $11,000 September 8, 2009 Page 16 Southold Town Board Meeting Minutes To-' A. 1010.4.600.720 Town Board, C.E. Interpretative Signage Project $11,000 Vote Record- Resol utinn RES-2009-749 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scoit Russell Voter [] [] [] [] 19. Comments regarding resolution 749 COUNCILMAN RULAND: I am voting aye with the understanding as we had, in the work session this morning, that we were going to end it with this. COUNCILMAN ORLANDO: That is correct. COUNCILMAN KRUPSKI: I was on the Board at the initial phase of this when this came up before the Town Board and that was before our Town faced serious budgetary problems. And I was against it then, I didn't think it was a project that, it was, I mean there is a lot of projects that have a lot of merit and it would be good if we could do everything because people have a lot of good ideas but just to, I thought this particular project was just sort of like a make work job for people that really wasn't going to do much good for the Town. Whether it was $5,000 or $9,000 or $20,000 it still wasn't a cost that I thought was really worthwhile. And in light of our serious budget problems, I feel the same way. Mr. Terranova made a valid point earlier about the way the grant money flows through and the way things are, you know, spent before the money is in place but I was never, I am not reacting to that even though it was a good point, I didn't think this project had the merit to spend money on initially, so I vote nay. COUNCILMAN WICKHAM: I am in favor of this resolution because the work has been done and the people who did the work need to be paid for it. Furthermore, it is not yet clear that we won't get this grant. We may yet get the grant and replenish the supply. So I am voting in favor of it. JUSTICE EVANS: Yes. I agree with Mr. Ruland's comments and part of Mr. Wickham's about the person who did the work, so we do need to pay him. SUPERVISOR RUSSELL: I am going to vote yes and clarify something that Albert said. Actually the project started prior to both Albert and my getting here on this dais. It is a good project. It probably wouldn't have been on my radar of projects to pursue had I been here when they first decided it. But you need to understand, this is done by a group of local volunteers who have worked very hard to qualify us to get this program up and running. This is a group where people care about the entire community, not just one tiny part of it. I am going to support them, their efforts and I am going to support this with an understanding that this completes our cash September 8, 2009 Page 17 Southold Town Board Meeting Minutes match which ~vas committed to a few years ago. I vote yes. 2009-750 CATEGOR~ DEPARTMENT: Committee Appointment Town Clerk Reappoint Phyllis Atkinson to the $outhold Town Board of Assessment Review RESOLVED that the Town Board of the Town of Southold hereby reappoints Phyllis Atkinson to the Southold Town Board of Assessment Review effective October 1, 2009 through September 30, 2014. Vote Record- Resolution RES-2009-750 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] Fl [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickbam Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter ~ [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-751 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Engineering Approve Change Order #2 to the Animal Shelter Construction Contract with Construction Consultants RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #2 to the Animal Shelter Construction contract with Construction Consultants, contract dated June 15, 2007; change order dated today, September 8, 2009, in the amount of $15,435.86. · r VOi~ R~d; Res~iUti~ii RES-2009;751 , , [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled X!beft Kmpsk! Jr, VPter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] ] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] ~ [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 22. Comments regarding resolution 751 COUNCILMAN KRUPSKI: I vote nay, Betty. I didn't support this project either, so I am going to maintain that. SUPERVISOR RUSSELL: For the record, Albert bats 1000. September 8, 2009 Southold Town Board Meeting Minutes Page 18 2009-752 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Engineering Approve Change Order #1 to the Animal Shelter Construction Contract with Burt's Reliable RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the Animal Shelter Construction contract with Burt's Reliable, contract dated July 24, 2007; change order dated today, September 8, 2009, in the amount of $1200.00. [] Adopted ~es/~y~ N~aY Abstai~ Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated vincent orlando Seconder [] [] [] [] [] Tabled [] Withdrawn A!bc~ ~PSk! J[: ln~t!~°[ ~ ~ [2] [2] Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [~ FI F1 FI [] Rescinded Scott Russell Voter ~ [] [] [] 24. Comments regarding resolution 752 COUNCILMAN KRUPSKI: Again, I will vote no. I don't have a problem with paying the contractors, the work was done and it was done properly and Jamie Richter did a very good job overseeing the project. I just won,t vote for the resolution~ 2009-753 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Service Agreement Between the Town of Southold and Cablevision Lightpath, Inc RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Service Agreement between the Town of Southold and Cablevision Lightpath~ Inc. regarding the conversion of the Town's data, voice and interact connectivity, for a three year term, subject to the approval of the Town Attorney. September 8, 2009 Page 19 Southold Town Board Meeting Minutes ~I Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando ~oi~ [][] Tabledwithdrawn Albert Krupski Jr. V~[er [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] Louisa P. Evans Initiator gl [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-754 CATEGOR~ DEPARTMEN~ Grants Planning Board Support the Transportation Investment Generating Economic Recovery (TIGER) Grant Proposal RESOLVED that the Town Board of the Town of Southold hereby supports the Transportation Investment Generating Economic Recovery (TIGER} ~rant nronosal to be submitted in partnership with the Town of Riverhead~ and hereby authorizes submission of a TIGER grant proposal supporting long-term transportation improvements to the East End Region through reduction of vehicular conflict and congestion along rural routes with traffic calming, and enhanced pedestrian and bicycle facilities at key locations throughout the town. [] Adopted yes/Aye N0fNay Ab~t~i~ ~bsen~ [] Defeated Vincent Orlando se~0nder gl [] [] [] [] Supervisors Appt Louisa P. Evans Voter gt ~ [] [] 2009-755 CA TEGOR Y: DEPARTMENT: Grants Planning Board Sign Agreement - TIGER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign an agreement~ in the amount not to exceed $4~000 to be paid from the Planning Department Consultant Budget Line (B 8020.4.500.500), and in September 8, 2009 Page 20 Southold Town Board Meeting Minutes accordance with approval of the Town Attorney, with studio a/b architects to prepare the TIGER grant application. Vote Record - Resolution RES-2009-755 , l~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator fil [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] ~ [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 28. Comments regarding resolution 755 COUNCILMAN RULAND: I so move with a comment and the comment is that the Town of Riverhead, I believe, was the one that had selected the architect. Is that correct Mr. Supervisor? SUPERVISOR RUSSELL: Yes, I believe it is. We, I think it was two weeks ago, discussed the selection and this was Riverhead's initiative. We let them make the choice. COUNCILMAN KRUPSKI: I think that it was a well-written grant and I don't think that we have to worry about spending that money until we get the grant. 2009-756 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment to the Agreement with the New York State Department of State Grant Agreement #C006471for Stormwater Management in the Town of Southold Creeks RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Amendment to the Agreement with the New York State Department of State Grant Agreement #C006471 for Stormwater Management in the Town of Southold creeks, which Amendment pertains to the budget detail, subject to the approval of the Town Attorney. [] Defeated Vincent Orlando [] Tabled ~!~m ~p~! September 8, 2009 Page 21 Southold Town Board Meeting Minutes 2009-757 CATEGORY: DEPARTMENT: Employment - Town Accounting Authorize and Direct the Town Clerk to Advertise for School Crossing Guards for the Police De 9artment RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a School Crossing Guard for the Police Department at Route 25 and Maple Lane~ Mattituck, at a rate of $72.63 per day. [] Adopted Yes/AYe N°/NaY ~ai~ ~b~em [] Adopted as Atnended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert ~p~ki j.[~ !n![!~t~r ~ [] ~ [] [] Supervisor's Appt Thomas H-Wickham Voter [] [] [] [] 2009-758 CATEGOR~ DEPARTMENT: Committee Appointment Town Clerk Appoint George Horning to the Southold Town Zoning Board of Appeals RESOLVED that the Town Board of the Town of Southold hereby appoints Georee Hornine to the Southold Town Zoning Board of Appeals effective immediately through December 31, 2011, to fill the unexpired term of Ruth Oliva. ~' Vote Record. Resoiati0n RE8-2009-758 [] Adopted ~ [] Adopted as Amended William Ruland Voter [] Defeated Vincent Orlando Voter [] Tabled Albert Krupski Jr. Voter [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder Louisa P. Evans Initiator [] Tax Receiver's Appt [] Rescinded Scoil Russell Voter 2009-759 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Set SWMD Permit Fees September 8, 2009 Page 22 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby sets fees for the Solid Waste Management District effective with the issuance of the 2010-11 permits as follows: Permit Fees (with charging privileges) Permit Fees (without charging privileges) Resident Single Entry Fee Guest/Lessee Permits Non-resident Permits Tip Fees on Trash and Rubbish (non-Town-bag) $60.00 first permit $15.00 each additional $30.00 first permit (two years) $15.00 each additional $5.00 $25.00 $50.00 annually $13 O/ton 2010-11 permits will be made available on November 16, 2009. ~ Vo~Reeord-Res01Utl0nRES-~009.TS9 , , ,,,,, , 1~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jrl Vote[ [] Withdrawn Thoma~ Hi Wickham Initiator [] [] [] [] [] Supervisor's Appt ~ U1 [] [] Louisa P. Evans Voter [] Tax Receiver's Appt ~ [] 13 [] [] Rescinded Scott Russell Voter 33. Comment regarding resolution 759 SUPERVISOR RUSSELL: Can I just quickly clarify is, we are basically doing now is selling two year permits to the landfill. The cost, they are $30, it is simply the current cost of $15 times two. That would provide a service to people who come back every year to get the same permit, who haven't moved and at the same time, to be candid, create some cash infusion into the solid waste district which is desperately needed at this critical time. COUNCILMAN WICKHAM: This $30 and $30 to make $60. The first one? SUPERVISOR RUSSELL: With charging privileges, that is a commercial account. That is a commercial account. COUNCILMAN WICKHAM: I see. SUPERVISOR RUSSELL: The resident permit, which is what most people would be applying for is the $30 fee per permit. September 8, 2009 Page 23 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: Okay. 2009-760 CATEGORY: DEPARTMENT: Strawberry Fields Town Attomey Use of Strawberry Fields RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bishop McGann-Mercy High School to use Strawberry, Fields in Mattituck for Varsity and JV soccer practice from 3:00 p.m. to 6:00 p.m. on Mondays through Fridays and from 8:00 a.m. to Noon on Saturdays~ commencing on September 8~ 2009 through October 31~ 2009, subject to the payment of a fee to the Town in the sum of $150 per week during this time period and subject to the Applicant filing with the Town Clerk's Office a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured, subject to the approval of the Town Attorney. ~ ~0te R~cord ~ ResolUti0n RES-2009,760 [] Adopted Yes,AYe No/Nay Abstain : Absent [] Adopted as Amended William Ruland initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Thomgs H. Wickham Voter [] [] [] [] [] Sap~rvisor's Appt [] Tax R~¢iver's Appt Louisa P. Evans , Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-761 CATEGOR~ DEPARTMEN~ Enact Local Law Town Clerk Enact LL - No Parking Champlin Place WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of August, 2009, a Local Law entitled "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport" and September 8, 2009 Page 24 Southold Town Board Meeting Minutes WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Boar of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport' reads as follows: LOCAL LAW NO. of 2009 A Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Streeh Greenport". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Greenport. II. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Champlin Place Both In Greenport, on the both South sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. September 8, 2009 Southold Town Board Meeting Minutes Page 25 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. [] Adopted [] Adopted as Amended Yes/AYe No/Nay Abstain Absent [] Defeated William Ruland Voter r~ [] : [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Aib~ ~i Jif [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] Fl F1 V1 Next: Sep 22~ 2009 4:30 PM 2009-762 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL in Relation to Chapter 148 Flood WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of August, 2009, a Local Law entitled "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention'" and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it. RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention'" reads as follows: LOCAL LAW NO. 11 of 2009 A Local Law entitled, A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention'". September 8, 2009 Page 26 Southold Town Board Meeting Minutes BE IT ENACTED by the Town Board of the Town of S outhold as follows: I. Chapter 148 of the Code of the Town of Southold is hereby amended as follows: {}148-1. Findings. The Town Board of the Town of Southold finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Southold and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. §148-2. Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: B. C. D. E. F. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters. Control filling, grading, dredging and other development which may increase erosion or flood damages. Regulate the construction of flood bamers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. Qualify for and maintain participation in the National Flood Insurance Program. §148-3. Objectives. The objectives of this chapter are to: Protect human life and health. Minimize expenditure of public money for costly flood-control projects. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. Minimize prolonged business interruptions. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas. September 8, 2009 Southold Town Board Meeting Minutes Page 27 Provide that developers are notified that property is in an area of special flood hazard. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 148-4. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. As used in this chapter, the following terms shall have the meanings indicated: APPEAL -- A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance. AREA OF SHALLOW FLOODiNG -- A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. [Amended 5-12-1998 by L.L. No. 8-1998] AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 - A30, A99, V, VO, VE or V1 - V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this Local Law, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard". BASE FLOOD -- The flood having a 1% chance of being equaled or exceeded in any given year. BASEMENT -- That portion of a building having its floor sub-grade (below ground level) on all sides. BREAKAWAY WALL -- A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. BUILDiNG -- See "structure." CELLAR -- The same meaning as "basement." COASTAL HIGH-HAZARD AREA -- An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on the FIRM as September 8, 2009 Page 28 Southold Town Board Meeting Minutes Zone V1 - V30, VE, VO or V. CRAWL SPACE -- An enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for equalization of hydrostatic fomes which would be experienced during periods of flooding. [Added 5-12-1998 by L.L. No. 8-1998] DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING -- A non-basement building built, in the case of a building in Zone A1 - A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or, in the case of a building in Zone V1 - 30, VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1 - A30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1 - V30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means ofbreakaway walls that meet the federal standards. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY -- The federal agency that administers the National Flood Insurance Program. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The "FBFM" delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study. September 8, 2009 Southold Town Board Meeting Minutes Page 29 FLOOD ELEVATION STUDY -- An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood-related erosion hazards. FLOOD or FLOODING -- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore ora lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in "flooding" as defined above. FLOOD HAZARD BOUNDARY MAP (FHBM) -- An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. FLOOD INSURANCE RATE MAP (FIRM) -- An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY -- See "flood elevation study." FLOODPLAIN or FLOOD-PRONE AREA -- Any land area susceptible to being inundated by water from any source (see definition of "flooding"). FLOODPROOFING -- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -- The same meaning as "regulatory floodway." FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carded out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities. HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. HISTORIC STRUCTURE -- Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the September 8, 2009 Page 30 Southold Town Board Meeting Minutes (2) (3) (4) Secretary of the Interior as meeting the requirements for individual listing on the National Register; Certified or preliminarily detemained by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or Individually listed on a state inventory of historic places in states with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. LOCAL ADMINISTRATOR -- The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Code Enforcement Officer, the Building Inspector or an employee of an engineering department. LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter. MANUFACTURED HOME -- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle. MANUFACTURED HOME PARK OR SUBDIVISION ~- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL -- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88) or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MOBILE HOME -- The same meaning as "manufactured home." NATIONAL GEODETIC VERTICAL DATUM (NGVD)" -- As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. September 8, 2009 Page 31 Southold Town Board Meeting Minutes NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. ONE-HUNDRED-YEAR FLOOD -- The same meaning as "base flood." PRIMARY FRONTAL DUNE -- A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. PRiNCIPALLY ABOVE GROUND -- At least 51% of the actual cash value of the structure, excluding land value, is above ground. RECREATIONAL VEHICLE -- A vehicle which is: (1) (2) (3) (4) Built on a single chassis; Four hundred square feet or less when measured at the largest horizontal projections; Designed to be self-propelled or permanently towable by a light-duty truck; and Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. REGULATORY FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 148-12B of this chapter. SAND DUNES -- Naturally occurring accumulations of sand in ridges or mounds landward of the beach. permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition September 8, 2009 Page 32 Southold Town Board Meeting Minutes placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means of the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE -- A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring any structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) (2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. VARIANCE -- A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. §148-5. Applicability. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Southold. §148-6. Basis for establishing areas of special flood hazard. The areas of special flood hazard for the Town of Southold, Community No. 360813, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: [Amended 5-12-1998 by L.L. No. 8- 1998] September 8, 2009 Southold Town Board Meeting Minutes Page 33 (1) A scientific and engineering report entitled "Flood Insurance Study, Suffolk County, New York (all jurisdictions)," '~'~a ......... j., .... September 25, 2009. (2) Flood Insurance Rate Map Panel Numbers for Suffolk County, New York (all jurisdictions)_.' 36103C0017H, 36103C0018H, 36103C0019H, 36103C0036H, 36103C0037H, 36103C0038H 36103C0039H 36103C0041H, 36103C0043H, 36103C0063H, 36103C0064H 36103C0069H, 36103C0079H 36103C0087H, 36103C0088H 36103C0105H, 36103C0106H 36103C0141H, 36103C0142H 36103C0157H, 36103C0158H 36103C0163H, 36103C0164H 36103C0169H, 36103C0176H, 36103C0182H, 36103C0184H, 36103C0066H 36103C0083H 36103C0089H 36103C0067H, 36103C0068H, 36103C0084H, 36103C0086H, 36103C0107H 36103C0143H 36103C0144H, 36103C0154H, 36103C0159H 36103C0166H 36103C0091H, 36103C0095H, 36103C0115H, 36103C0139H, 36103C0161H, 36103C0162H, 36103C0167H, 36103C0168H, 36103C0177H, 36103C0178H, 36103C0181H 36103C0186H, 36103C0188H, 36103C0192H, 36103C0205H, 36103C0477H, 36103C0479H, 36103C0481H, 36103C0482H, 36103C0483H, 36103C0484H, 36103C0491H, 36103C0492H, 36103C0501H, 36103C0502H, 36103C0503H, 36103C0504H, 36103C0506H, 36103C0507H, 36103C0508H, 36103C051 IH a~ ~c~:;.n ag T~ xT~ ~1 ~r~n~n ~.~ .... ~r~ n~DA n~DK n~no n~A ~1 1 whose effective date is .... v., .... S~tember 25, 2009 ~d ~y subsequent revisions to these map p~els that do not affect ~eas und~ the Town's jurisdiction. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the office of the Town Clerk located at 53095 Route 25, Southold, New York. §148-7. Interpretation; conflict with other laws. This chapter includes all revisions to the National Flood Insurance Program through xx..~..._~.~.~ ~,1 . ~-,,--~c~o° October 27, 199T and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govem. §148-8. Severability. September 8, 2009 Southold Town Board Meeting Minutes Page 34 The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. §148-9. Penalties for offenses. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Southold from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received on approved variance under §§ 148-22 and 148-23 will be declared noncompliant and notification sent to the Federal Emergency Management Agency. § 148-10. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Southold, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. {}148-11. Designation of local administrator. The Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. §148-12. Floodplain development permit; fees; deposit. Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 148-6, without a valid September 8, 2009 Page 35 Southold Town Board Meeting Minutes floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $100. In addition, the applicant shall be responsible for reimbursing the Town of Southold for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs. §148-13. Application for permit. The applicant shall provide at least the following information, where applicable. Additional information may be required on the permit application form. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1 - A30, AE or AH or in Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zone V1 - V30 or VE or in Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 148-16C, Utilities. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 148-19, Nonresidential structures (except coastal high-hazard areas). A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in §148-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the September 8, 2009 Page 36 Southold Town Board Meeting Minutes altered or relocated stream segment will be maintained. A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres. In Zones VI - V30 and VE and also in Zone V if base flood elevation data are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot. In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, for all new and substantial improvements to structures, design plans and specifications prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this chapter. §148-14. Duties and responsibilities of local administrator. Duties of the local administrator shall include but not be limited to the following: Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit. The local administrator shall: (1) (2) (3) Review all applications for completeness, particularly with the requirements of §148-13, Application for permit, and for compliance with the provisions and standards of this chapter. Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. Ifa proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of § § 148-15 through 148-21, construction standards, and, in particular, §148-15B, Subdivision proposals. Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §§148-15 through 148-21, no permit shall be issued. The applicant may revise the application to include September 8, 2009 Page 37 Southold Town Board Meeting Minutes (4) measures that mitigate or eliminate the adverse effects and resubmit the application. Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law. Use of other flood data. (1) (2) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to §148-13GH, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter. When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter. Alteration of watercourses. The local administrator shall: (1) (2) Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Managmnent Agency. Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. Construction stage. (2) In Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placcnnent of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are September 8, 2009 Southold Town Board Meeting Minutes Page 38 (3) available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the local administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use). Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and to enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. Stop-work orders. (1) (2) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 148-9 of this chapter. The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator of the penalties described in § 148-9 of this chapter. Certificate of compliance. (1) (2) (3) In areas of special flood hazard, as determined by documents enumerated in § 148-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter. A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard. Issuance of the certificate shall be based upon the inspections conducted as prescribed in §148-14E gubsec4ion4g, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses September 8, 2009 Page 39 Southold Town Board Meeting Minutes which may have been required as a condition of the approved permit. Information to be retained. The local administrator shall retain and make available for inspection copies of the following: (1) (2) (3) (4) (5) (6) Floodplain development permits and certificates of compliance. Certifications of as-built lowest floor elevations of structures required pursuant to gubseetion §148-14D(1) and (2) and whether or not the structures contain a basc~nent. Floodproofing certificates required pursuant to 8ubseetion §148-14 D(1) and whether or not the structures contain a basement. Certifications required pursuant to § 148-18N, Breakaway wall design standards, and Subsection J of § 148-13, Application for permit. Variances issued pursuant to §§ 148-22 and 148-23. Notices required under Sub a==tion § 148-14C, Alteration of watercourses. §148-15. General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 148-6. Coastal high-hazard areas. The following requirements apply within Zones V1 - V30, VE and V: (1) All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide. (2) The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited. (3) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (1) (2) (3) Proposals shall be consistent with the need to minimize flood damage; Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and Adequate drainage shall be provided to reduce exposure to flood damage. C. Encroachments. (1) Within Zones A1 - A30 and AE, on streams without a regulatory floodway, no September 8, 2009 Page 40 Southold Town Board Meeting Minutes new construction, substantial improvements or other development (including fill) shall be permitted unless: (a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or (b) The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 148-6, no new construction, substantial improvements or other developments in the floodway (including fill) shall be permitted unless: (a) (b) A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revisions. §148-16. Standards for all structures. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. B. Construction materials and methods. (1) (2) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. September 8, 2009 Page 41 Southold Town Board Meeting Minutes (3) For enclosed areas below the lowest floor ora structure within Zones A1 - A30, AE or AH and also in Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (a) (b) (c) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade. Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Enclosed areas sub-~rade on all sides are considered basements and are not permitted. (4) Within Zones V1 - V30 and VE and also within Zone V if base flood elevation are available, new construction and substantial improvements s shall have the space below the lowest floor either free from obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls. Utilities. (1) (2) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections and other service equipment shall be located at or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This includes heating, ventilating, and air-conditioning equipment, hot-water heaters, appliances, elevator lift machinery and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer's or architect's certification of the design is required. New and replacement water supply systems shall be designed to minimize September 8, 2009 Page 42 Southold Town Board Meeting Minutes (3) (4) or eliminate infiltration of floodwaters into the system. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. {}148-17. Residential structures (except coastal high-hazard areas). Elevation. The following standards, in addition to the standards in § 148-15B, Subdivision proposals, and § 148-15C, Encroachments, and § 148-16, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard as indicated: (1) (2) (3) (4) Within Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above the two feet above the base flood elevationlevel. Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in §148-6 (at least two feet if no depth number is specified). Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. §148-18. Residential structures (coastal high-hazard areas). The following standards, in addition to the standards in § 148-15A, Coastal high-hazard areas, and § 148-15B, Subdivision proposals, and § 148-16, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zone V1 - V30, VE or V on the community's Flood Insurance Rate Map designated in § 148- 6: Elevation. New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) September 8, 2009 Page 43 Southold Town Board Meeting Minutes is elevated to or above two feet above the level of the base flood elevation so as not to impede the flow of water. Determination of loading forces. Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components. (1) (2) (3) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls or other natural or man-made flow obstructions could cause wave mn-up beyond the elevation of the base flood. [Amended 5-12-1998 by L.L. No. 8-1998] Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house and upward force on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house. Wind-loading values used shall be those required by the building code. Foundation standards. (1) (2) The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water). Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure. Pile foundation design. (1) (2) (3) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles (this shall not apply to pile clusters located below the design grade). The maximum center-to-center spacing of wood piles shall not be more than 12 feet on center under load-bearing sills, beams or girders. Pilings shall have adequate soil penetration (beating capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood action simultaneously with typical structure (live and dead) loads and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of five feet below mean sea level (msl) datum if the BFE is +10 msl or less or at least 10 feet below msl if the BFE is greater than +10 msl. Pile foundation analysis shall also include consideration of piles in column action September 8, 2009 Page 44 Southold Town Board Meeting Minutes (4) (5) (6) (7) (8) (9) (10) from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces. The minimum acceptable sizes for timber piles are a tip diameter of eight inches for round timber piles and eight by eight (8 x 8) inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus. Reinforced concrete piles shall be cast of concrete having a twenty-eight-day ultimate compressive strength of not less than 5,000 pounds per square inch and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a concrete cover of not less than 24- 2 inches. Piles shall be driven by means of a pile driver or drop hammer or jetted or augered into place. Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles. When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade supports should be securely attached to the piles to provide support even if scoured from beneath. Diagonal bracing between piles, consisting of two-inch by eight-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter one-half inch) or cable-type bracing is permitted in any plane. Knee braces, which stiffen both the upper portion of a pile and the beam-to-pile connection, may be used along pile rows perpendicular and parallel to the shoreline. Knee braces shall be two-by-eight lumber bolted to the sides of the pile/beam or four-by-four or larger braces framed into the pile/beam. Bolting shall consist of two 5/8 inch galvanized steel bolts (each end) for two-by-eight members or one 5/8 inch lag bolt (each end) for square members. Knee braces shall not extend more than three feet below the elevation of the base flood. Column foundation design. Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads and be connected with a movement-resisting connection to a pile cap or ~ 12ile shaft. Connectors and fasteners. Galvanized metal connectors, wood connectors or bolts of size and number adequate for the calculated loads must be used to connect adjoining components of a structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabrication. Connectors in protected interior locations shall September 8, 2009 Page 45 Southold Town Board Meeting Minutes be fabricated from galvanized sheet. Beam to pile connections. The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (if precast) shall be securely connected by bolting and welding. If sills, beams or girders are attached to wood piling at a notch, a minimum of two 5/8 inch galvanized steel bolts or two hot- dipped galvanized straps 3/16 inch by four inches by 18 inches, each bolted with two 1/2 inch lag bolts per beam member, shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below 50%. Floor and deck connections. (1) (2) Wood two-by-four-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be one-by-three-inch members, placed eight feet on center, maximum, or solid bridging of the same depth as the joists at the same spacing. Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than 3/4 inch total thickness and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces. Exterior wall connections. All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous fifteen-thirty-seconds-inch or thicker plywood sheathing, overlapping the top wall plate and continuing down to the sill, beam or girder, may be used to provide the continuous tie. If the sheets of plywood are not vertically continuous, then two-by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2 inch diameter or galvanized steel straps not less than one inch wide by 1/16 inch thick may be used to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of three inches shall be used at each end of the 1/2 inch round rods. These anchors shall be installed no more than two feet from each comer rod, no more than four feet on center. Ceiling joist/rafter connections. (1) All ceiling joists or rafters shall be installed in such a manner that the joists September 8, 2009 Page 46 Southold Town Board Meeting Minutes (2) provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/raRer connections to the wall top plate. Gable roofs shall be additionally stabilized by installing o~e-two-by-four blocking on two-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight feet toward the house interior from each gable end. Projecting members. All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of two feet and joist overhangs to a maximum of one foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered professional engineer or architect and certified in accordance with § 148-13J of this chapter. Roof sheathing. (1) (2) (3) Plywood or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion-resistant material. All comers, gable ends and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such comer, gable end or roof overhang. In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys and other points of discontinuity in the roofing surface. Protection of openings. All exterior glass panels, windows and doors shall be designed, detailed and constructed to withstand loads due to the design wind speed of 75 miles per hour. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple panel sliding glass doors shall not exceed three feet. Breakaway wall design standards. (1) (2) The breakaway wall shall have a design safe-loading resistance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure shall be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls. Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted unless a registered professional engineer or architect has developed or reviewed the structural design and specifications for the building foundation September 8, 2009 Page 47 Southold Town Board Meeting Minutes and breakaway wall components and certifies that breakaway walls will fail under water loads less than those that would occur during the base flood and that the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement or other structural damage due to the effects of wind and water loads acting simultaneously on all building components structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by the building code. §148-19. Nonresidential structures (except coastal high-hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 148-15B, Subdivision proposals, and § 148-15C, Encroachments, and § 148- 16, Standards for all structures. Within Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either: (2) Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or Be floodproofed so that the structure is watertight below two feet above the base flood ~ elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood ~ elevation must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: (1) (2) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in §148-16CSubsection A(2). If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 148-19Subsection A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. September 8, 2009 Page 48 Southold Town Board Meeting Minutes Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. §148-20. Nonresidential structures (coastal high-hazard areas). In Zones V1 - V30 and VE and also in Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall have the bottom of the lowest member of the lowest floor elevated to or above two feet above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to two feet above the base flood elevation in Zones V1 - V30, VE and V. §148-21. Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 148-15, General standards, and § 148- 16, Standards for all structures, apply in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. A. Recreational vehicles. (1) Recreational vehicles placed on sites within Zones A1 - A30, AE, AH, V1 - V30, V and VE shall either: (a) (b) (c) Be on site fewer than 180 consecutive days; Be fully licensed and ready for highway use; or Meet the requirements for manufactured homes in Subsections B, D and E. (2) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions. A manufactured home that is placed or substantially improved in Zones A1 - A30, AE, AH, V1 - V30. V or VE that is on a site either outside of an existing manufactured home park or subdivision, as herein defined; in a new manufactured home park or subdivision, as herein defined; in an expansion to an existing manufactured home park or subdivision, as herein defined; or in an existing manufactured home park or subdivision, as herein defined, on which a manufactured home has incurred substantial damage as the result of a flood shall, within Zones A1 - A30, AE and AH, be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, September 8, 2009 Page 49 Southold Town Board Meeting Minutes collapse and lateral movement or, within Zones V1 - V30, V and VE, be elevated on a pile foundation such that the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) is elevated to or above two feet above the base flood elevation and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods o£ anchoring may include but are not limited to use of over-the-top or frame ties to ground anchors. A manufactured home to be placed or substantially improved in Zone A1 - A30, AE, AH, V1 - V30 or VE in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be_: (1) (2) Elevated in a manner such as required in Subsection B._; or Elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Within Zone g Aor V, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 148-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited. §148-22. Appeals board. The Zoning Board of Appeals, as established by the Town of Southold, shall hear and decide appeals and requests for variances from the requirements of this chapter. The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter. Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. September 8, 2009 Southold Town Board Meeting Minutes Page 50 In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (12) The costs of providing governmental services during and after flood conditions, including search and rescue operations and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. Eo Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. §148-23. Conditions for variances. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 148-22_1D has been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of historic structures upon determination that: September 8, 2009 Page 51 Southold Town Board Meeting Minutes (1) (2) The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure. The variance is the minimum necessary to preserve the historic character and design of the structure. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (1) (2) The criteria of Subsections A, D, E and F of this section are met. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. F. Variances shall only be issued upon receiving written justification off (2) (3) A showing of good and sufficient cause; A determination that failure to grant the variance would result in exceptional hardship to the applicant; and A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public or conflict with existing local laws or ordinances. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. September 8, 2009 Page 52 Southold Town Board Meeting Minutes [] Adopted Yes/Aye N0(NaY Ab~gi~ [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated ~n~t ~i~d~ V~ier ~ FI F1 [] [] Tabled i i [] Withdrawn Thomas H. Wi~kham Initiator [] [] [] [] [] Supervisor's Appt [] Tax Re~eivc~c's Appt Louisa P. Evans S~nder [] [] Rescinded Scott Russell Voter [] [] [] [] 37. Comments regarding resolution 762 SUPERVISOR RUSSELL: Yes, I am going to vote for this and I am just going to quickly say, though, the hypocrisy here is that we pa~mipate in every federal and state flood prevention, flood damage program. This is largely created by the insurance lobby and it probably has some merit, what bothers me is that at the same time, the insurance companies particularly the reinsurers see fit to pull out of the New York market and cancel homeowners insurance every single day and that is an absolute hypocrisy. We adopt stringent state building code requirements, we adopt federal flood insurance programs. We participate to make this Town safer and at the same time, the thanks are we haven't had incidents yet here in Southold but you know what? We are going to cut bait and count our wins. And they do that. They are not pulling out because of high risk, they are pulling out of an unforseen incidence down the road. And I think that is absolute hypocrisy. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:59 PM in order to hold two (2) public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell VI. Public Hearings 7:32 p.m. - LL/No Parking Area Champlin PI COMMENTS - Current Meeting: RESOLVED that the Town Board of the Town of Southold hereby declares this public hearing on the proposed "Local Law in relation to No Parking Area on Champlin Place and Main Street, Greenport, New York" at 8:02 PM. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Thomas Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the September 8, 2009 Page 53 Southold Town Board Meeting Minutes Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of August 2009, a Local Law entitled "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of September, 2009 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Streeh Greenport" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Greenport. lI. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Champlin Place Both In Greenport, on both sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law September 8, 2009 Page 54 Southold Town Board Meeting Minutes as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. o IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that this has appeared as a legal in the Suffolk Times newspaper, it has appeared on the Town Clerk's bulletin board outside and I have no further documentation in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular local law? COUNCILMAN WICKHAM: We do have a map for those people who are interested in it, showing the no parking area? SUPERVISOR RUSSELL: Nobody wants to comment on this issue? Any Town Board comments? COUNCILMAN KRUPSKI: I don't know what our plans are, I am not familiar with the area and I kind of wanted to hear input as to why this, this isn't an initiative of this Town Board. I wanted to hear comments to see what we were going to vote on or enact. So I would like to take a look at it. I would rather not vote this evening and take a look at it. I was hoping for comments and then you can go and look and say, well the fence is there and the driveway is there and the tree is blocking this or something that would make you looking at why we are undertaking this. SUPERVISOR RUSSELL: What I would recommend is that since there is no public interest in this particular issue, that we should close the hearing tonight and we can hold the vote for two weeks. That will give Albert and others time to sit with the Transportation Commission, who has forwarded this recommendation to us. COUNCILMAN KRUPSKI: Yeah, I would like to, some reason behind it. 7:34 pm - LL in Relation to Ch 148 Flood RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell Councilman Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 25th day of August 2009, a Local Law entitled "A Local Law in relation to Amendments to Chapter 148 of the Town Code entitled 'Flood Damage Prevention" and September 8, 2009 Southold Town Board Meeting Minutes Page 55 NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of September, 2009 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. As part of the Town's participation in the National Flood Insurance Program, the Town is required to implement flood damage prevention measures and corresponding amendments updating the program. These measures are set forth in Chapter 148 of the Town Code. The most recent amendments to the program that must be incorporated into the Town Code are the subject of the proposed legislation that is being noticed for a public hearing: The amendments to Chapter 148 "Flood Damage Prevention" of the Town Code include: 9. 10. 11. 12. 13. Clarification of the references to special flood hazard area as set forth in the definition of"area of special flood hazard" in §148-4. Including a reference to the North American Vertical Datum of 1988 (NAVD 88) in the definition of"mean sea level" in § 148-4. Revision to the definition of"start of construction" set forth in § 148-4. Replacing all references to the "Flood Insurance Study, Suffolk County, New York (all jurisdictions)", dated May 4, 1998 to September 25, 2009 throughout the Code. Renaming the designations of Flood Insurance Rate Map panel numbers and adding panel numbers in § 148-6(A)(2). Requiring the certificate of elevation to be prepared by or under the direct supervision of a licensed land surveyor or professional engineer as set forth in §148-14(D)(2). Expressly prohibiting basements in new and/or substantially improved residential structures as an enclosed area below the lowest floor of a structure in Zones Al- A30, AE or AH and in Zone A as set forth in §148-16(B)(3)(c). Clarifying the standards for replacement and new machinery and equipment servicing a building set forth in § 148-16(C)(1). Clarifying residential structures as "new and substantially improved" residential structures as set forth in §148-17(A) and §148-18. Increasing the elevation of new and/or substantially improved residential structures in Zones A1 -A30, AE and AH and in Zone A to two feet above the base floor elevation (§ 148-17(A)(1)). Increasing the elevation of new and/or substantially improved residential structures in Zone AO to having the lowest floor elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map (§ 148-17(A)(3)). Increasing the elevation of new and/or substantially improved residential structures in coastal high-hazard areas requiring the lowest elevated floor to be elevated two feet above the level of the base flood elevation (§148-18(A)). Increasing the elevation of non-residential structures in Zones A-l-A-30, AE and AH and in Zone A to have the lowest floor, including basements or cellars, September 8, 2009 Page 56 Southold Town Board Meeting Minutes elevated two feet above the base floor elevation and require that the structure is watertight below two feet above the base flood elevation (§148-19(A)(1) & (2)). 14. Increasing the elevation required for non-residential structures in Zone AO to require the lowest floor elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map (§148-19(B)(1)). 15. Requiring non-residential structures in coastal high-hazard areas to have the bottom of the lowest number of the lowest floor elevated and eliminating flood proofing as an altemative to compliance (§148-20). 16. Requiring manufactured homes in Zones A l-A30, AE, and AH be elevated on permanent foundation so that the lowest floor is elevated to or above two feet above the base flood elevation (§ 148-21 (B)). The complete, proposed text amendments to Chapter 148 are available at the Town Clerk's Office and on the Town's Web site at southoldtown.northfork.net And I have the entire content of this in the file. I have a notice that it has appeared on the Town Clerk's bulletin board outside and I am not sure I have, I do have the lengthy legal in the Suffolk Times newspaper. SUPERVISOR RUSSELL: Would anyone like to come up and address the Town Board on this particular issue? COUNCILMAN ORLANDO: Would anyone like Tom to repeat that? SUPERVISOR RUSSELL: It actually, it is bone dry but it actually it is very important, unfortunately. COUNCILMAN KRUPSKI: It is. SUPERVISOR RUSSELL: Nobody would like to address this issue? Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Okay, now would anybody like to come up and address the Town Board on any issue? Mrs. Grzesik? Sure. MARIA GRZESIK: Good evening, my name is Mafia Grzesik. I live at 1075 Inlet Lane in Greenport. I have done practically everything humanly possible to get a resolution concerning, I feel, a dilapidated building which adjoins my property. Damon Rallis was available to start the project and he did and I do believe that he understands the law and everything was set in motion and suddenly everything came to a stop because Michael Verity didn't agree that the building was a dilapidated building. He had some inexpensive plywood used to cover, you know, the windows that were already non-existent and I wrote a letter to Supervisor Scott Russell and the September 8, 2009 Page 57 Southold Town Board Meeting Minutes Town Board, putting my problem into a letter that I hope you all received and could understand my plight. So at this point, I don't know what the Southold Town Board is going to decide as far as my appeal is concerned. I do feel that I you know, living there is a hardship for myself and it certainly is depreciating my property and the property values of the other people in the area. I enclosed in my letter a copy of the entire chapter, chapter 100 indicating the procedures that are followed and the purpose of the chapter and it also included premises. Now, I am not only concerned about the building itself but the conditions of the premises. The odors that come from the rotting debris, erosion and what not in the area and there are definitely rodents and in the spring I am just inundated with the termites that are swarming from that property onto my property. SUPERVISOR RUSSELL: Can I just update you on what the discussion was at work session today?. I distributed all the information you had given me. MS. GRZESIK: Alright, so now I guess I am being redundant. SUPERVISOR RUSSELL: No, no, no, no. Not at all. MS. GRZESIK: Repeating myself. But my reason for coming here tonight was to actually to find out whether or not my problem had been discussed today and if so, was any resolution for me, what would happen. SUPERVISOR RUSSELL: I distributed your submission to me which was very thoughtful and thorough, without a doubt. I gave it to the entire Town Board, I asked them to review it and over the next week or so, to contact the Building Department or the building inspector with any questions they might have and perhaps go on site and visit it, if they have that opportunity, so that we can come back and address it after they have all the information. MS. GRZESIK: I think they should come down and see it. SUPERVISOR RUSSELL: That would be up to them. But I wanted them to have all the information. MS. GRZESIK: I think you should all get together for a few minutes, get in a van, and one look is worth a thousand words. If you see it and smell it and experience what I have experienced, I have called every agency in Suffolk County, I left a list with the Supervisor and I was given books on how to get rid of the water rats. I mean, I don't think that is my responsibility, I am not the owner. But nevertheless, I read over the books, I gave the books into Mr. Russell and I think they are very pertinent and very clear. SUPERVISOR RUSSELL: I think the Board will give it a thorough review. MS. GRZESIK: Yeah and it is not only that, it is unsanitary and there are children in the area and I am going over the same thing that was in the letter. And it is dangerous, it is dangerous for children it is you know, whatever. It is just a fire trap as far as I am concerned and I live here, I September 8, 2009 Page 58 Southold Town Board Meeting Minutes live there alone and I feel I pay my taxes (inaudible) amount of taxes, I came from the city, I am a retired teacher and I had smells like that on Staten Island but of course, the city did something about it and I am hoping that the town will do something about this condition because I really do feel I am living next door to a dump and that is about it. I just hope I have your cooperation and something can be done. I think the law should be, you know, should be adhered to. It is clear. Thank you. Hugh Switzer, Peeonie SUPERVISOR RUSSELL: Hugh? HUGH SWITZER: Good evening. My name is Hugh Switzer, I live in Peconic. And I am here to give you a quick update on the issues and the progress that we are making regarding Goldsmiths Inlet. First the issues. The trash is increasing exponentially up at the beach, on the roads and in the inlet itself. In the last week, we have had cars, most of the cars are from New York but New Jersey, Connecticut, Arizona, Nevada, California, Ohio and Ontario. None of them had parking stickers. You are losing a lot of revenue, guys and ladies. Second issue is the sand continues to flood into the inlet. Tidal flow is being blocked even more as we speak, every time we have a nor'easter of any magnitude, you can stand in the channel and actually see the sand that is flowing in and it doesn't come out. And then finally on the issues, the latest DEC shellfish test results are in. the inlet is now 20 times over the safe limit. Getting worse as the sand builds up, due to that single jetty sticking out there creating a funnel and the DEC says that they are really not going to bother to test again until major corrective action is taken. Progress, in April upon becoming aware of the severity of the pollution, Supervisor Russell and Councilman ICrupski requested a management plan be created for Goldsmiths Inlet. The Planning Department, under the direction of Mark Terry in particular, developed a broad based and a very comprehensive management plan that you formally approved in July, so that has been created and approved. It will halt the environmental degradation and it will restore the health and safety of the inlet, as well as the eco-system around it. And the eco-system, we are looking at the whole eco-system and that is the beach, the county park, the inlet itself, autumn pond and the residential area in that whole dearth. Another point is that it fully meets the MS 4 criteria and requirements for storm water remediation and education and as discussed at the work session a few weeks ago, it can be used as a prototype or a model for other water bodies in the area with just a few modifications for the unique requirements. It really is a very, very good plan. The grant request that will provide funding for a part of the effort are now being developed and they will come to you for approval in two weeks. A very important point is that the significant part of the funding is going to come from community volunteer contributions, time and money. So we are working hard to support the effort and will continue to do so. Next the Goldsmith Inlet watershed watch, which we updated you on, is now fully operational with the bay constables, the police, the building department inspectors and the DEC enforcement officers responding to an increasing number of community requests. And those requests are just going like this. And also the group to save Goldsmiths Inlet has our next cleanup scheduled for later this month. George Albrecht, a member of our steering committee, is going to lead that effort. Our last cleanup day we removed over 5 tons of trash. We were hoping to see that in this next one. Finally we want to acknowledge the Board's strong and proactive support. Thank you. I also want to acknowledge the support in the community. We are actively working with the Trustees, the Planning Department, the police, the Peconic Land Trust, North Fork Environmental Council, September 8, 2009 Page 59 Southold Town Board Meeting Minutes Group for the East End, Peconic Sound shores and the Kenney's beach associations, the DEC and the Suffolk County water departments. So even with the severity of the problems and they are severe, we feel confident that by aggressively implementing the Town's management plan, we will save Goldsmith's Inlet. We are all optimistic and thank you again for this continuing support. Thank you very much. SUPERVISOR RUSSELL: Thank you very much, Hugh. COUNCILMAN ORLANDO: Hugh, one quick statement before you sit back down there. In regards to cleanup day, last time I got a last minute, last second phone call in regards to the roll off and the disposal. Just make sure you contact North Fork sanitation a couple of days prior, so they are prepared to drop it, they know where they it is going and there are no questions on the last, eleventh hour. MR. SWITZER: George is already working on that and has communicated with Pete Harris and with Scott and we are going to be following up and making sure that happens, yes. UNIDENTIFIED: Inaudible from audience. We already have some people volunteering (inaudible) so we can get out there (inaudible) so you can pick it up, have the town pick it up. We will have them all stacked by the side of the road (inaudible) to make it as simple as possible for you folks. You know, we don't want to see you working overtime. (inaudible) COUNCILMAN KRUPSKI: I assume the loads can be sorted so there is clean material that we can compost, we don't have to ship it out of town. UNIDENTIFIED: Yes. (Inaudible) COUNCILMAN KRUPSKI: That is great. Yeah, mmhmm. UNIDENTIFIED: Inaudible. COUNCILMAN KRUPSKI: Great. That is a great effort. SUPERVISOR RUSSELL: I am probably repeating myself but look, the genesis of this is you and your organization. The town is happy to be supportive but I think this is something like this that has such community momentum is 10 times more likely to be successful than some of the other ones that seem to be the imposed will of an agency, you know, from Albany coming down and telling people what to do. I think this one has a real likelihood of good success in very short order. And that is largely because of your efforts. You and Lillian and everybody. Thank you. Would anybody else like to address the Town Board on any issue? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening, Benja Schwartz. Cutchogue. I have some questions, first can I get some comments or something about the, what the town is doing to meet the September 28 deadline, it says to improve water quality in the marine waters? Was that on the agenda this morning? September 8, 2009 Page 60 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: And tonight. We actually voted. You can read the agenda, you will see the MS 4 reference on there, we completed a substantial check list of work that we intend to do, work that we have already done and I have already had department head meetings coordinating the effort among all the departments. A lot of the work we have done is MS 4 compliant, it is just we haven't had to document it previously. So we need the highway department, the DPW and all these groups to help us document as we move forward. MR. SCHWARTZ: Are we planning anything new? SUPERVISOR RUSSELL: Every day. Storm water management, there are new things every day. Absolutely. We are doing them as the budget will allow and as grant opportunities come up. Watershed management, just what Hugh just talked about. Watershed management there and at Hashomomaque and at other locations. Storm water mitigation with the highway department .... MR. SCHWARTZ: In terms of that plan? SUPERVISOR RUSSELL: Yeah, it is all part of the plan. COUNCILMAN KRUPSKI: It is all part of it. SUPERVISOR RUSSELL: It is all part of it. COUNCILMAN ORLANDO: It is ongoing, Benja. It doesn't stop on the 28m. It is continuous. MR. SCHWARTZ: I understand. I will have to do a FOIL or something or look at the, see that document. COUNCILMAN KRUPSKI: Talk to Jamie Richter and, or John Sepenoski or Mark Terry because they knew this was coming. The town has done an awful lot of advance planning for this and we are, we met with a woman from the state, she came out and she was impressed by the amount of work we had done towards meeting our goals for this MS 4 program. MR. SCHWARTZ: I think we have a lot of work to do. COUNCILMAN KRUPSKI: Oh, there is a tremendous amount of work. SUPERVISOR RUSSELL: And make no mistake about it, it is a very expensive proposition down the road but it is an investment the town needs to make over time. COUNCILMAN ORLANDO: And that deadline is for our plan to be submitted to then. Not be done with every project by then. SUPERVISOR RUSSELL: It is our willingness to comply, is what we just submitted. September 8, 2009 Page 61 Southold Town Board Meeting Minutes MR. SCHWARTZ: Just, I was, a couple of weeks ago I was upstate and I was swimming in a swimming pool in a health club, beautiful swimming pool but then this weekend getting back into the Peconic bay, it really is... COUNCILMAN ORLANDO: Nothing better. MR. SCHWARTZ: One of the best places in the world to swim and really such a pleasure, so, well, you need to keep it that way. I am really confused as to what is going on with the public water proposal to pipe the public water out to Orient. In reviewing the reports in the Suffolk Times from April and this week, see there is a few discrepancies in April, the Suffolk County Water Authority chairman estimated that it would cost $3,000,000. Now, first I thought it was $3.8 million but the way the article continues it says that is only what the federal funds will be paying and that is only half of what the project will cost. So somehow we went from $3 million to $7.6 million. And there is no explanation of that. The estimate in April was for customers to hook up, for each customer $2,500 to $3,000 per customer. Now the estimate is $9,000 per customer. And... COUNCILMAN KRUPSKI: It is a utility, that is who pays for it. The customers. SUPERVISOR RUSSELL: Can I just, they have monthly board meetings, ifI am not mistaken. And those sound like very legitimate issues that you have raised but that would be the group that would address those issues with regard to... MR. SCHWARTZ: Well, there is also something in the first article that says the project doesn't require Town Board approval but we would like to have it. We don't want to just blow off the Town Board, basically Steven Jones says, that if he needs to, they are going to go ahead without the Town Board's cooperation or approval. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: You are okay with that? SUPERVISOR RUSSELL: That was actually an area of Brown's Hills that was already adopted by the Town over a decade ago as a site in need of public water. I think it got put to the side because economically it was unfeasible for many years until stimulus money rolled around and I think that is why it is on the radar of Suffolk County Water Authority now. But I am perfectly okay with allowing the Water Authority to address bad water in Brown's Hills. Of course I am. COUNCILMAN WICKHAM: You asked the question, are we okay with what you presented as the statement of Steven Jones. The statement being, hey, we would like to have the town approval but we are probably prepared to do it. We have a very good relationship with the Water Authority. We have a map that they and we have agreed. We have an understanding with the Authority that if they want to do something beyond what the map calls for, they will come to us and we will take up that matter and consider it and if we judge it is important, we will make that September 8, 2009 Page 62 Southold Town Board Meeting Minutes change. We are waiting to see if the Water Authority does get the grant fi.om the stimulus money that they are hoping to get which would finance that extension. If they do, they will come to us, there will be a formal application to change the water map to make that happen. This Board will review that when that happens and presumably will give an answer at that time and I am not going to predict tonight what that answer is going to be. But they will come to us, and this Board will give it serious consideration. And if they don't get the money fi.om the stimulus program, I doubt if we will even hear about it. MR. SCHWARTZ: I thought it was already on the water map? SUPERVISOR RUSSELL: I believe it is. And that was adopted by a Board before .... MR. SCHWARTZ: I think one of us is going to have to look it up. SUPERVISOR RUSSELL: I think we would, but I think you will find that Brown's Hills is actually on the original water map adopted by the Town Board about a decade ago. MR. SCHWARTZ: It is not just Brown's Hills, it is East Marion and it is all the houses on the Main Road and most of what has been reported is most of the people out there don't think they need it or want it. A couple of people probably happy to get it but you know, I just think it is a shame that we are not really, they say there is some kind of environmental impact statement going on but I haven't heard or seen any of the documents, any of the analysis or alternatives proposed, any other way to get out there that wouldn't rely on piping more water fi.om Riverhead into the Town of Southold which against all of the planning studies that were done up until a couple of years ago when the Suffolk County Water Authority did some new studies that I don't believe there is much basis for their studies, I think while there are some benefits to public water, there are a lot of disadvantages and I just, my understanding is that the federal money for public water systems is something like $2 billion dollars, $87 million is going to New York State but out of that $2 billion that was allocated, they said that would only provide 1 percent of the need of existing public water systems that need to be repaired. They said there is a need for $200 billion and we only have $2 billion. So it doesn't make sense to me to spend it on a new system when you have got old systems breaking down. COUNCILMAN ORLANDO: But remember when you said... MR. SCHWARTZ: And that $4 million now that almost $4 million that is coming supposedly from a grant fi.om federal funds, that is only half of the cost of the project according to the most recent article. The other half of it will come from everybody who is hooked up to public water in Suffolk County. COUNCILMAN KRUPSKI: Sure. It is a utility. The customer is going to pay. If you hook up, you are going to pay whatever they charge you. MR. SCHWARTZ: And then when the storm blows the work that they do away, who is going to you know, it is going to be more money. September 8, 2009 Southold Town Board Meeting Minute~ Page 63 COUNCILMAN KRUPSKI: True. MR. SCHWARTZ: If the cost of the project has already gone fi-om $3 million to $8 million .... COUNCILMAN KRUPSKI: Actually, we just, you know, what was it? Last week or two weeks ago, we had a meeting with the Suffolk County Water Authority and the Suffolk County Heath Department right here and one of the things the Supervisor brought up was that you know, there should be alternatives to public water. You should be able to treat your own water to the standard and the Town and the county does not agree on that but at least we raised our objection to their having a monopoly on providing water. MR. SCHWARTZ: Trying to, you know, put in my two cents that first of all I think that the impacts, the potential impacts of piping public water out there could have significant impacts on the marine environment which we were just talking about how we are trying to protect it and also the existing aquifer. The other customers that are still on their own wells, their water could be, they could be forced, everybody could be forced and sure its great when the water goes out and you have still got the public water but what happens when the public water main breaks. Nobody then we have got a big, if one well goes down, you know, I throw a hose across the road to my neighbors. Can't do that when the public water .... COUNCILMAN ORLANDO: But remember what you said, Benja and I believe it is true, they would like our blessings but they don't need our approval. MR. SCHWARTZ: Well, I don't, I am not sure about that. See I believe that you do have the authority, even though there is a water map which you agreed on, that is not written in stone, that could be changed at any time. And I would ask you to consider whether you think that spending public money to dig up the causeway and put another pipe in there, you know, is the best use of our... SUPERVISOR RUSSELL: There is a board that is the decision making board. Suffolk County Water Authority and I know you said you wanted to put your two cents in but it might be better spent addressing them. Those are the decision makers. Our willingness or unwillingness to participate with them doesn't change their fiscal decision making. It is no, you know, to discuss whether they should or shouldn't be spending that money tonight when we have no authority over them and their decision making is, we could sit here and debate the merits of NASA, it is just not going to achieve those goals. MR. SCHWARTZ: I am sorry, Scott but I find it just unbelievable that you would take the position not only that you have no authority but that you have no influence. SUPERVISOR RUSSELL: No. The influence on... MR. SCHWARTZ: And that it doesn't concern you .... September 8, 2009 Page 64 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: It is not that it doesn't concern me but so does 124 families that need water. It is a balancing act. Whether the federal .... MR. SCHWARTZ: That .... SUPERVISOR RUSSELL: You know, I listened to you politely, would you please listen politely? Whether that is the best use of federal stimulus dollars is something that the board of the Water Authority should address. Also, my understanding was that at the federal estimate of $100 million wasn't just for public water but for sewer. You have to remember the stimulus money mingled sewer, public sewer systems and public water systems together in that same allocation. It may or may not be the best expenditure or project that they chase after but that is a decision that they made to try to supply 124 families with water. I am not, you know, we could oppose it but I think it is already on the water map which was adopted by a Board long before I got here and I am not going to second guess their judgment in adopting that original map. But I can't tell 124 families I am not going to provide an opportunity for you to at least look at the prospect of public water or drink safe drinking water. MR. SCHWARTZ: Well, you know, you want to buy into the propaganda of what they put out there or their figures, their facts; I don't believe 124 families, what they say they are going to provide, I don't think they have 124 families that have signed on, paying the $9,000. And they are also saying that once they get the mains out there, there will be potential to hook up other families. But they are also saying that there is not a need but there is just a potential for contaminated water. That they are doing this on the speculation that those places, Brown's Hills is the only one that has some current contamination that has been shown. SUPERVISOR RUSSELL: Current and historic. MR. SCHWARTZ: And historic. But I tend to have a very hard time accepting that the only way to get good water to Brown's Hills is by piping the water from Riverhead, throughout the entire length of Southold Town and if this Board doesn't think that that concerns them, then I don't know .... COUNCILMAN KRUPSKI: It does. We just met with them, like last week. It does concern us. SUPERVISOR RUSSELL: We asked them to look at alternatives, particularly with new construction. Allowing for on-site filtration systems, rather than mandating hook-ups to public water. We have met with the powers that be and discussed all those options. At the same time I think it is a little bit of a misnomer to suggest that the water is coming from Riverhead and going to Orient. IfI am not mistaken, the servicing of that would come from the, what is the expansion of what used to be the Greenport Village water authority. Greenport water, that would be servicing that Brown's Hills or that easterly section of town. They had acquired that water system from Greenport and that would be that expansion of that water system. MR. SCHWARTZ: I don't believe that it is true. From the water studies which I have been reading up on, the PDF's .... September 8, 2009 Page 65 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I will certainly, happily raise that issue with them. MR. SCHWARTZ: And the issue there is, too, that Greenport has very limited ability to supply their existing water needs. But what is the saturation population? Out there? And you know, that is something which, an issue which should concern this Town Board very strongly because this is all connected to population. More building and development, the more people, the more problems we are going to have, the higher the taxes are going to be in this town. SUPERVISOR RUSSELL: Public water presents challenges but at the end of the day, zoning will dictate those issues, not public water supply. Zoning. MR. SCHWARTZ: Let's do some zoning. SUPERVISOR RUSSELL: Huh? MR. SCHWARTZ: Let's do some zoning. Thank you. SUPERVISOR RUSSELL: Okay. Would anybody else like to come up and address the Town Board? Chris? Chris Talbot, Mattituck CHRIS TALBOT: Chris Talbot, Cutchogue. Just reference zoning a little bit. I just had a simple, quick question regarding the comprehensive master plan that is being proposed, I read something this weekend. It was stated by Heather Lanza, the head of the Planning Department, a couple of people that she was going to put on or hoped to put on this committee and one of them was herself and Mark Terry. One of the things I would question or just keep an oversight on, is that any of the planning issues that we have now currently with the Planning Department, that these guys are going to be committing themselves to a new comprehensive plan, they are not going to be putting too much time from that and taking away from the rest of the taxpayers on any potential plans that they have going forward with anything, whether it be commercial or residential. SUPERVISOR RUSSELL: Right. Yeah. Well, it is a balancing act. We actually had Heather speak with the Town Board today in terms of, the necessity of the comprehensive plan, particularly with this climate that presents actually opportunities for us to complete a good plan, has to be balanced against the ongoing work product of that office. I understand that we are trying to do it in a manner that is as fiscally stringent as possible, getting a lot of the work done in house, that requires a lot of them to commit a lot of time to a comprehensive plan but you are right, we have to balance that with the ongoing review of business etc. That is something we will have to stay on top of. MR. TALBOT: Along with that, opening that committee up to some of the other residents that we have here in town, some are professionals whether it be architects, land surveyors, any other planners that we may have that live in town here that work for the county or anything like that. I would strongly suggest we put those on the committee as well and I am not so sure that I am September 8, 2009 Page 66 Southold Town Board Meeting Minutes fully behind the Town Board being the lead agency on this comprehensive master plan. You know, I know we don't have a planning commission but that could be debatable. COUNCILMAN KRUPSKI: We have to be the lead agency because we are going to be the ones who are going to vote on it, so we are going to have to take full responsibility for it. MR. TALBOT: Could that not be presented to you guys and then you vote? SUPERVISOR RUSSELL: Yeah, I don't, we would probably only have two options for lead agent. That would either be the Planning Board or us. I would prefer it to be us, frankly, than the Planning Board. We are the accountable body. The Planning Board is appointed. On the issue of the public component, I actually agree with that, I think any comprehensive plan will not have public support unless the public feels invested in that comprehensive plan. That was why we tried to expand the stakeholders to allow anybody that wanted to participate as a sort of a small stepping stone in the direction of a comprehensive master plan. But I actually agree with that. I think when they get done with the framework of the comprehensive plan and the timetable, we should probably seriously consider a public inclusion process. Before we even get to the plan, which is going to require many, many public heatings, public notices. Probably almost at times, confrontational, public input. That is the nature of the beast and you have to move forward with it. MR. TALBOT: Benja was talking about regarding zoning, to possibly include some zone changes here in town, I know we have mostly R-40 and not too many separate size zones. If we cut them down possibly to base dimensional setbacks on properties on the size of the property, could get rid of a lot of the Zoning Board issues we have, the backlog in the Zoning Board as well. SUPERVISOR RUSSELL: Yeah. MR. TALBOT: One other question I had in regards to, in light of the financial issues we have in town, do we have any plans on doing any fiscal or long term fiscal planning along with this comprehensive plan? Or including anything in it? SUPERVISOR RUSSELL: Yeah, we actually, to include a fiscal component with comprehensive plan is a very important proposal, I think we need to do that. We actually met with the town comptroller today, who let us know that we have him come in monthly and update the town on our fiscal position and the news today is that there is no new news. We are still, although, I think about a month or two ago we were looking at an estimate of $1.3 million shortfall in the budget this year, that is down to about $1.2 million. I don't think that $100,000 is going to make us, make our lives any easier. Also, in addition to that we had the confirmation from the state comptroller that we, they will be looking to have us increase our retirement contributions to almost $1 million. Beyond what we are, that is $2.2 million hole that we are at here in September, before we even start the budgeting process. I actually am going to be presenting my budget in a few weeks and like I told Tim Kelly today, it is not a good time to be me. September 8, 2009 Page 67 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: We are working on that long term budget planning as well. SUPERVISOR RUSSELL: Not that anytime is a good time to be me but it certainly not... COUNCILMAN ORLANDO: We hired that firm for long term... SUPERVISOR RUSSELL: Oh, that is right. We hired a finn to help us with multi-year budgeting. Understanding that budgets aren't year to year but the budgets of 2009 affect 2010, affect 2011. The budgets of 2005, 6, 7, 8 all affect our current fiscal picture. MR. TALBOT: What does it look like the cost we are going to be paying them? SUPERVISOR RUSSELL: I think we capped them out at not to exceed $6,000. I think the estimate was $2,500 to $4,000. And that is for them to come in and help our existing infrastructure here, our very, very good town comptroller and myself and others develop a multiyear plan that is consistent with what bond markets and others look for when they look for, when they are rating you as a township. This organization, we have actually hired them in the past to help us develop fiscal policy with regard and we actually have an exceptional bond rating now. With their help and guidance. And this is the same firm will help us with the multiyear budgeting plan. MR. TALBOT: Lastly, I would like to, the last time I was up here was in regards to the dog shelter. Josh Horton was the supervisor and I was complaining because they were proposing to spend $2.2 million on it. And .... COUNCILMAN ORLANDO: It went a little bit more than that. MR. TALBOT: He said, Chris, we are not going to spend $2.2 million on a dog shelter, so I am glad that A1 had voted against that. It ended up being $3 million, so fiscal planning is the .... COUNCILMAN KRUPSKI: And counting. SUPERVISOR RUSSELL: And counting, as a point of information, that $2.9 million is much less than I believe than had we stayed with the plan prior to that, so, and everything has to be, the fact is, it is done. We need to move forward. I have to say the animal shelter hasn't been a pretty picture for the 20 years. For everybody it has been a bone of contention. It is done, we need to move forward. One way or the other, it is done. MR. TALBOT: Alright. Thank you. SUPERVISOR RUSSELL: The Albert J. Krupski memorial animal shelter. I am just giving Albert the mortgage payments. Would anybody else like to address the Town Board on any issue? Anybody? (No response) Motion To: Adjourn Town Board Meeting September 8, 2009 Page 68 Southold Town Board Meeting Minutes COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:45 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Kmpski Jr., Councilman AYE S: Southold Town Clerk Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell