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HomeMy WebLinkAboutTB-07/27/199317 4 SOUTHOLD TOWN BOARD JULY 27, 1993 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny, Councilman Thomas H. Wickham, Councilwoman Alice J. Hussie, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. Absent: Councilman Joseph J. Lizewski. 9:45 A.M. - For Discussion Items: (1) Transmittal from the Landmark Preservation Commission submitting request for changes in the Landmark Preservation Law. The changes would accomplish the following: (A) Allow places and sites to be included in 'the law. (B) Define Style of Architecture. (C) Better define the term Landmark. (D) Include and define Historic District. Before taking any action on the proposal, the Board would like to meet with Mr. Stack (at the August 10th work session); have the Town Attorney research the question of a "Historic District"; and ask the Planning Board for comments on the proposed amendments. 9:50 A.M.- The Board met with Greenport Village Fire Chief Andrew Ficurilli, Village Attorney Dan Ross, Village T~'ustee George Hubbard, and Fred Stahl and Gene Heata of Richard Schmidt & Associates, insurance brokers. The group discussed with the Town Board a proposal to renegotiate the East-West Fire Protection District contract to include provision for a Firemen's Service Award Program in the budget. Mr. Ross said the Village Board has asked that the Town Board appoint a committee to renegotiate the contract. However, it was agreed by the Town Board members that a public informational meeting (7:00 P.M., Wednesday, August 25th) should be held to obtain input from the residents of the district on the proposal. Councilman Penny said that it is his understanding that the program would cost approximately $70,000 per year, and would increase the present $18.00 per thousand rate to $24.00. 10:30. A.M. - James Bitses, Esq., Southold, met with the T~wn Board to suggest that a proposition be placed on the General Election ballot for acquisition of the Long Island Rail Road tracks. He proposed using the right-of-way for a pedestrian greenway, jogging and bicycle path, and ski trail. Mr. Bitsis said the referendum wou d be to ask the Governor and State Legislature and the railroad authority to turn over the right-of-way in fee to the Town of Southold. Councilman Wickham suggested that the Stewardship Task Force take a look at the proposition. Councilman Penny suggested a poll to determine how many local business are dependant upon the railroad for freight service. Supervisor Harris said the Greenport Rail Road Museum has plans .to run a restored steam engine on the tracks m question in the near future. As a result of the questions posed by Board members, Mr. Bitses did not receive encouragem, ent with regard to a proposed referendum. 10:55 A.M. - Mary Ann Fleischman, Chairperson of the Southold Town Youth Board, met with the Town Board to bring them Up to date on the upcoming "Local Paiooza X=Perience" youth gathering, featuring numerous bands, to be held at the Recreation Center on SAturday, August 1.4th, from 6:00 P.M. to 11:00 P.M. Ms. Fleischman also handed out a copy of a flyer to be distributed throughout the community informing the public about the Youth Bureau, and publicizing a raffle which will take place at a Cocktail-Less Party, October 23rd at the Recreation Center. It is anticipated the raffle will raise $10,000 to benefit the youth of Southold Town. 175 11:40 A.M. - Edward Dart, Agent for Public Employees Benefit Services Co. (PEBSCO), a bidder for the Town's proposed employee's Deferred Compensation Program, met with the Town Board to object to their proposed resolution (no. 9, which was held) to designate The Hartford Life Insurance Company to administer the plan. Mr. Dart presented statistics on PEBSCO and The Hartford in an effort to convince them to accept his proposed plan. He said he had heard that there had been damaging newspaper articles circulated about PEBSCO and would like an · opportunity to rebut and/or explain them. Copies the articles will be made available to Mr. Dart and the Board will wait for his response. -' 12:10 P.M. - Steve Bassis and Jack Hamilton met width the Board to explain their dilemma in their inability to find a zone in the Town in which to open a facility for substance abuse. They propose a 40-bed in-patient, medically supervised facility fo~~ drug-free individuals who would spend 14 to 28 days in therapy, but it is .prohibited in the Town Code. The Town Board agreed to review the psychological issue of whether it should be permitted. 12:40 P.M. - Recess for lunch. 2:15 P.M. - Work Session reconvened. Absent: Supervisor Harris, and Town Attorney Arnoff who arrived at 3:15 P.M. For Discussion Items (continued): (2) Proposed resolution (no. 23) to construct a roller blade and skate board facility behind the Recreation Center in Peconic. Once a provision was added to the resolution calling for the Supervisor to direct the To.~n's _insurance agent to extend liability coverage, Board members agreed to move forward with the resolution. (~) Councilman Wickham submitted a proposed policy resolution regarding preparation of bid specifications (see resolution no. 24). .After agreeing to the policy, Board members placed a resolution on the agenda to pay Frohnhoefer Electric for consulting services witl~ regard to the recent installation of an emergency generator system (see resolution no. 25). (4) The Board discussed the Code of Ethics adopted by the Town of Southampton, as presented by Councilman Penny. The Town Attorney was directed to review the law and put it in draft form for the Town of Southold. (5) This item had been put on the agenda by Town Attorney Arnoff - a discussion of outdoor sales of merchandise by peddlers. It was agreed this should go to the Legislative Committee. (6) The Board scheduled 7:30 P.M., Tuesday, August 10th to meet with the Board of Town Trustees to discuss Goldsmith's Inlet Jetty. (7) Letter from Dvirka and Bartilucci concerning the proposed Yard Waste Composting facility. They would like to move forward with certain tasks, and it was agreed the Solid Waste Task Force should coordinate the figures given by D&B with the overall estimate, and costs of Option A & Option B and work with Superintendent of Highways Jacobs and Solid Waste Coordinator Bunchuck.in- developing .a plan. (8) Request from the Southold Yacht Club for a exemption from parking permit regulations at the Goose Creek Beach on the day of their annual Around Shelter Island Sunfish and Catamaran Race (see resolution no. 26). (9) Proposed "Local Law in Relation to Flood Damage . Prevention". See resolution no. 27 setting public hearing. (10) Letter from Cameron Engineering regarding improvements to the Scavenger Waste Treatment Facility will be discussed at the August 10th Work Session. (11) Letter from Jesse H.- Jackson asking for an increase in the rent for use of his parking field on the .north side of Main Road, Southold, will be discussed at the August 10th Work Session. EXECUTIVE SESSION 3:51~ P.M. - On motion of Justice Edwards, seconded by Councilwoman Hussie, it was Resolved that the Town Board en'ter into Executive Session. Vote of the Board: Ayes: Justice Edwards, Councilman Penny, Councilman Wickham, Councilwoman Hussie. Also present: Town Attorney Arnoff (left':at 5:00 P.M.), Assistant Town Attorney Kiernan, Town Clerk Terry.---The Board met with Patrick K. Brosnahan, Jr., Esq., and Vito A. Competiello and Robert P. Yaccarino to discuss litigation and contract ~negotiations. The Board also discussed a change order at the Human Resource Center (see resolution no. 28), and reinstatement of an employee, Leona Urban (~ee r~esolution no. 29). 5:25 P:M. - Work Session adjourned. 176 REGULAR MEETING A Regular Meetin9 of the Southold Town Board was held on Tuesday, July 27, 1993, at the Southold Towr. Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. Present: Absent: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Assi~stant.T.o.wn Attorney Matthew G: Councilman Joseph J. Lizewski Kiernan SUPERVISOR HARRIS: I need a motion to approve the audit of the bills from July 27, 1993. Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED the followin9 bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $107,253.08; General Fund Part Town bills in the amount of $55,546.82; Nutrition Fund bills in the amount of S900.00; Adult Day Care bills in the amount of $618.93; SNAP Program bills in the amount of $494.40; Highway Fund Whole Town bills in the amount of $9,180.82; Highway Fund Part Town bills in the amount of $21,260.21; Ag Land Development Rights bills in the amount of $32,418.75; Yard Waste Compost Capital bills in the amount of $16,745.28; Employee Health Benefit Plan bills in the amount of $20,793.35; Fishers Island Ferry District bills in the amount of $40, 952.21; Southold Wastewater District bills in the amount of $18,224.99; Fishers Island Sewer District bills in the amount of $256.79; Southold Agency & Trust bills in the amount of $5,131.48; Fishers Island Ferry District bills in the amount of $401.06. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickha~, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was. declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes from July 13, 1993, Town Board meeting. Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the minutes of the July 13, 1993, regular Town Board meeting 'be and hereby approved.' Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve August 4, 1993, the next Town Board meeting at I:00 o'clock P:M. oo Fishers Island. Moved by Justice Edwards, seconded by Councilman Penny, it was RESO.LVED that the next meeting of the Southold Town-Board.will be at 1:00 P.M., Wednesday, August 4, 1993, at' Fishers Island, New York Vote of the Town Board: Ayes: Councilwoman Hus$ie, Councilman Wickham, . .Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the next Town Board meeting following August 4, at August 10, 1993, at 4:00 P.M. Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the next following regular meeting of the Southeld Town Board wil be at 4:00 P.M., Tuesday, August 10, 1993, at the Southold Town Hall, Southold, New York. Vote of t~e Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was-declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to welcome you all this evening, now that some of the business has been transacted, and at this I ask Troop 1127 to please come forward for presentation of a Southold Town flag to a National Jamboree, that they'll be attendin9. Could you tell us a little bit about this National Jamboree, where it's being held, and how-many people are participating from this area, and throughout Suffolk? Do you have any idea? - JU,Y 1993 1 7 7 BOY SCOUT: There's usually about 35,000 kids there. It's going to be held at Virginia. I don't know how many people are coming from there. There's three troops from locally, about thirty, forty kids in each. SUPERVISOR HARRIS: Here's the Southold Town flag. If you would like to open it up, and take a look at it, it's very similar to one that's behind you there. This flag hopefully will be displayed proudly, and you'll be r,epresenting the olc~es.t ~ town in New York State at this National Jamboree in~-West Virginia, and I'll present that to you, and give you the envelope to go with it, so you can keep it nice and neat, and thank you for the opportunity to have our f!ag f~own in another state, and I know you'll proudly do your best to represent us down there ip. ail your endeavors, that I'm sure you'll be doing over that period of time. With that, thank you very much. Thank you for coming in. Is there anything you'd like to say? You've said enough? Gentlemen, if you have other business you certainly are excused. Thank you for participating, and have a good time. { Five Scouts present to accept the flag to be taken to the National Jamboree in Virginia.) I. REPORTS. 1. Southold Town Community Development Monthly Report -for June, 1993. 2. Southold Town Trustees Monthly Report for June, 1993. 3. Councilmen's Report. 4. Supervisor's Report. II. PUBLIC NOTICES. 1. .U.S. Corp of Army Engineers, New York District, application of John W. and Catherine M. Dempsey to extend an existing pier landward over wetlands, add a ramp, a float, and two dolphin piles. Project located on Mattituck Creek, Mattituck, New York. Comments requested by August 2, 1993. 2. U.S. Corp of Army'Engineers, New York District, application of John Hellier to install six mooring piles adjacent to an existing dock assembly located in West Harbor, Fishers Island, New York. Comments to be received by August 2, 1993. Ill. COMMUNICATIONS. None. IV PUBLIC HEARINGS. 1. 8:00 P;M. on "Local Law in Relation to Standard Yield Requirements". V. RESOLUTIONS. SUPERVISOR HARRIS: At this time, are there any members of the audience, that would like to address this Board on any resolution, that we'll be acting upon in · the next few moments? (No response.) If not, Councilwoman Hussie, would you start off with the first resolution? 1.-M0ved b~, Councilwoman Hussie,. seconded by Justice Edwards,' it was RESOLV. ED that the Town Board of the Town of Southold hereby reappoints the · followin9 individuals as members of the Southold Town Ac~ricultural Advisory -Committee, for a two (2) year term, effective August 11, 1993 through August 11, 1995, they to serve in said position without compensation: Sanford Friemann, David Horton, Frank ~icBride, John Sidor, Catherine Simicich, Gene Vanden Bosch. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I'd like to say that the Committee has been doing a great job. They've tackled quite a few issues since they'ye been formed, and there are more issues that they're working on. One of them, very important that they're Working on, we hope at some point very shortly that we'll be making a recommenda- tion, is the Farmer's Bill of Rights for Southold Town. It's something I know is very dear to them, and to other members of the farming community, to insure and protect the farmers of our community, so that their industry can survive through times, that unfortunately find other industries being pressed and pushed. The agriculture has been one of the industrial survivors of these times as far as coming up with methods to insure their longevity, and I think by working on a Farmer's Bills of Ri§hts for Southold this will insure that one of the oldest industries in this town, being the a9riculture industry, will survive for many decades to come. 178 JULY 27, 1993 2.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the $90,000 Letter of Credit submitted as a Performance Bond for the roads and improvements in the major subdivision of Farmveu Associates at Mattituck, all in accordance with the Town Board resolution of February 23, 1993 approving the amount as recommended by the Southold Town Board and Planning Inspector Richter. 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilman ~,l~ham, seconded by Justice Edwards, it was RESOLVED that the Town Baord of the Town of Southold hereby authorizes the following 1993 Budqet modification to the General Fund - Part Town to transfer donated funds for D.A.R.E. items: To: Revenues B2705 Gifts & Donations Appropriations $ 98.69 B3157.4 Juvenile Aide Bureau, Contractual Expenses $ 98.69 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby sets 4:30 P.M., Tuesday, Aucjust 10, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearing on the question of proposed amendments to the Community Development 1992 and-1993 Program Budgets, as follows: $ Before $ After $ Change + or - Southold Town Human Resources Center $50,000 -0- -$50,000 Elderly Transportation $20,000 $25,000 + $5,000 Peconic Lane Park $50,000 $95,000 +$45,000 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, -Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to' place a notice in ~l'he Long Island Traveler-Watchman and The Suffolk Times for two consecutive weeks, advising that the Town of Southold will be accepting applications for the Southold Villas, Section II Affordable Housing Program; application deadline is August 27, 1993 at 4:00 P.M. 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Justice Edwards, Supervisor Harris. Abstain: Councilman Penny. This resolution was cieciared duly ADOPTED. COUNCILMAN PENNY: I will abstain due to the fact that I've been conducting some business with the builders at Southold Villas, so I will abstain on this. 6.-Moved by Justice Edwards, seconded by Councilman Wickham, 'it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the ' followin~ 1993 Budget modification to the General Fund - Part Town to transfer donated funds for D.A.R.E. stationery: To: Revenues B2705 Gifts & Donations $ 72,60 Appropriations B3157.4 Juvenile Aide Bureau, Contratua] Expenses $ 72.60 6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilman Wickham, seconded b~ Justice Edwards, it was RESOLVED that the Town Board of the Town of Sotuhold hereby authorizes the followinq budget modification to the General Fund - Whole Town 1993 Budcjet to appropriate Park & Recreation funds for the Tasker Park bronze plaque: JULY 2?, 1993 179 To: Revenues: A2025 Special Recreation Facilities $ 453.00 Appropriations: A7110.2 Parks, Equipment $ 453.00 7.~Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southoid hereby authorizes the foilowin9 budget modification to the General Fund Whole Town 1993 Budcjet to cover payroll of Recreation Department part-time Clerk for the remainder of the year: To: A7020.1 Recreation Administration, Personal Services $ 1,500.00 From: A8090.1 Environmental Control, Pei-sonal Services $ 1,500.00 8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Number nine, a resolution accepting and approving The Hartford Life Insurance Company to administer a Deferred Compensation Program for the Town employess, is being held. 10.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, WHEREAS, there has been presented to the Town Board of the Town of Southold, a proposed Local law entitled, "A Local Law in Relation to Yardi Sale Permits"; now, therefore, be it RESOLVED that this' Local Law be referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and Suffolk County Charter. This proposed Local Law reads as follows, to wit: A Local Law in Relation to Yard Sale Permits BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of'the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-31(C)(10)(d) (Use Regulations) is hereby amended to reads as follows: (d) A permit is obtained therefor from the Bt~i~telii~cj ]-,sl~ec-~o~ Town Clerk upon the payment of a fee of fifteen dollars ($15.) 2. Section 100-31(C)(10) is amended by adding a new subsection (e) to read as follows: (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street, and removed before sundown on the day of the sale. It. This Local Law shall take effect upon its filing with the Secretary of State. '~ Overstrike r. epresents deletion[s) ** Understri'ke represents addition(s) :10-~Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. 'This resolution was declared duly ADOPTED. 11 .-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby designates Martin Sidor, Mattituck, New York, as Southold Town's certified designee on the Suffolk County Farm Select Committee, effective immediately. 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12:-~oved by Justice Edwards, seconded by C(~uncilwoman-Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with recjret, the resignation of Bonnie M~z2aferro, member of the Southold Town Youth Board, effective immediately, and extends their sincere thank's and appreciation for the time and expertise she devoted to the Board. 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I hope that in the future that Bonnie will be able to join, once again, the Youth Board, and help in it's endeavors in the future. She was quite an asset, and hopefully, if time permits, she will once again be able to resume her position. 13.-Moved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there has been. presented to the Town Board of the Town of Southold, a proposed Local Law entitled, "A Local Law Providincj for the Creation of a Records Manacgement Pro~jram; now, therefore, be it RESOLVED that the Town-Board hereby sets 4:32 P.M., Tuesday, August 10, 1993, Southold Town Hail, Main Road, Southold, New York, as time and place for a public hearing on this proposed Local gaw which reads as follows, to wit: A Local Law Providing for the Creation of a Records Management Program BE IT ENACTED, by the Town Board of the Town of-Southold, as follows: The Code of tile Town of Southold is hereby amended bY adding a new Chapter thereto, to be Chapter 72, to read as follows: Chapter 72 RECORDS MANAGEMENT I. Section 72-1. Intent Records are essential to the administration of local government. They contain the information that keeps ~overnment programs functioning. It is the intent of this chapter that a records management program be extablished which will assist officials in makin9 decisions, administering programs and providing administrative continuity with past operations. The program would be intended to document delivery services, show the legal responsibilities of government and protect the legal rights of citizens. It will contain information on taxation and on the manage- ment and expenditure of funds. These records will also document the historical document of government itself, the community and t'he people of the town. Section 72-2. Program established; designation of records management officer. There shall be a records management program established under the aegis of the Town Clerk and headed by a records management officer and will be responsible for administering the current and archived public records in storage areas for the town in accordance with local, state and federal laws and guidelines. . Records are essential to the administration of local government. They contain the information that keeps government programs functioning. It is the intent of this chapter that a records management program be established which will assist officials in making decisions, administering programs and providing administrative continuity With past operations; The program would be intended to document delivery services, show the legal responsibilities of government and protect the legal rights of citizen~. It will contain information on taxation and on the management and expenditure of funds. These records will also document the histobical document of government itself, the community and the people of the town. .Section 72-2. P~'ogram established; designation of records management officer. There shall be a records management program established under the aegis of the Town Clerk 'and headed by a records management officer. The Town Clerk ii designated as the records management _officer and 'will be responsible for 'administering the current and archived public records in storage areas for the town in accordance with local, state and federal laws and guidelines. - Section 72-3. Definitions. As used in thi~ chapter, the following terms shall .have the meanings indicated.: ARCHIVES - Those official records which have been determined by the officer and Advisory Committee to have sufficient historical or other value to warrant the continued preservation by the town. REC:ORDS Official files, minutes and documents, books, papers, photographs, sound recordings, microforms or any other materials, regardless of 'physical form or characteristics, made or received pursuant to law or in conjunction with the transaction of official town business. RECORDS CENTER - An establishment maintained by the records 'L management officer for the storage, servicing, security and processing - of records which must be preserved for varying periods of time. RECORDS DISPOSITION The removal by the town, in accordance with approved records control schedules, of records no longer necessary for the conduct of busines's by such agency through removal methods, which may include the disposition of temporary records by destruction or donation, or the transfer of records to a central storage facility for temporary or permanent storage of .records determined to have historical or other sufficient, value warranting continued preservation, or the transfer of records from one town agency to another town agency. RECORDS MANAGEMENT - The planning, controlling, directing, organizing, training, promotion and other managerial activities involved in records creation, records maintenance and use and records disposition, including records preservation, records disposal and the records center or other sto~age faci. lities. SERVICING - Making information in records available to any agency, for official use or to the public. Section 72-4. Powers and duties of records management officer. The records management officer shall have all the necessary powers to carry out the efficient administration, determination of value, use, preserv~_tion, storage and disposition of the public records kept,' filed or received by the officers and departments of the town. The records management officer shall continually survey and examine public records to recommend their classification so as to determine .the most suitable method to be used for the maintaining, storing and servicing of the following: (1) (2) Obsolete and unnecessary records a~ccording to the New York State Retention and Disposition Schedules, thereby subject to disposition; Information containing administrative, legal, fiscal, research, historical or educational value which warrants their permanent retention; or (3) Records not subject to disposition according to state law. Bo The records management officer shall establish guidelines for proper records management in any department of the town government in accordance with local, state and federal laws and guidelines. The records management officer shall operate a central records management storage facility for 'storage, processing and servicing of all town records for all town departments and agencies. Additional requirements of the records management officer will include but are not limited to: (1) The development of a comprehensive records management program. (2) The conduct of an (3') The encouragement initial survey and analysis of all records. and coordination of the continuous legal destruction of Obsolete records through the adoption and use of the state archive record retention and distribution schedules. The development and a Suitable retention period for records not covered by the' State Records Retention and Distribution Schedules. ~ (5) (6) The assistance to each department for the establishment of a records management system to support the overall town records management program. The setting up and overseeing of a center fop the storage of inactive records. (7) The coordinating and carrying out 'or participating in the planning for development of advanced records management systems and equipment. Section 72.5. Records Advisory Board.. There shall be a Records Advisory .Board designated to work closely with and provide advice to the records management officer. The Board shall consist of' the Town Historian, a member of the Town Board selected by the Supervisor, the Town Accountant and a department head. The Board shall meet Deriodica]l¥ and have the followino duties: 1 8 2 JuL 27, 993 A. To provide advice to the records management officer on the development of the records management program. B. To review the performance of the program on ~n ongoing basis and propose changes and ~mprovements. C. To review retention periods proposed bY the records management officer for records not covered by the state archive schedules. D. To provide advice on the appraisal of records for archival value and to be the final sign-off entity as to what is or is not archival. Section 72.6. Custody and control of records. The records management officer shall maintain physical custody and the official responsibility for ali records. Department heads shall retain constructive control and authority over all department records. Section 72.7. Disposition of records. No records shall be destroyed or otherwise disposed of by a department of the town unless approval has been obtained from the records management officer. No records shall be destroyed or otherwise disposed of by the records management officer without the express written consent of the department head having authority. II. This Local Law shall take effect upon its filing with the Secretary of State. 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resol'ution was declared duly ADOPTED. 14.-~/.oved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Maior Materials, Riverhead, for supplying and delivering 10,000 cubic yards, more or less, of soi! for covering purposes at the Southold Town Landfill, all 'n accordance with the bid specification, at a cost of $4.79 per cubic yard. 14.~Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Supervisor Harris, seconded by Justice Edwards, BOND RESOLUTION OF THE TO%'VN OF SOUTHOLD, NEW YORK,ADOPTED JULY 27, 1993, AUTHORZING THE PAYMENT OF THE TOWN'S OUTSTANDING LIABILITY FOR RETIREMENT CONTRIBUTIONS TO THE STATE OF NEW YORK, STATING THE ESTIMATED~MAXIN)UM COST THEREOF IS $678,220, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHRORIZING THE ISSUANCE OF $678,220 SERIAL BONDS OF SAID TOWN TO FINANCE SAID API~ROPRIATION. Recitals WHEREAS, pursuant to Chapter 62 of the New York Laws-of 1989 the State of New York (the "State") amended cert. ain statutes concerning the payment of employer contributions to retirement systems, which resulted in the creation of liabilities for the Town of Southold, in the County of Suffolk, New York (the "Town")., in the amount of $425;577 with respect to the New York State and local Employees' Retirement System'and $456,542 with respect to the New York State and local Police and Fire Retirement System; and JULY 2?, 1993 183 WHEREAS, the State has permitted the Town to amortize such liability over a seventeen (17) year period commencing in the year 1989 at the interest rate of eight and three-quarters per centum (8.75%) per annum, and since 1989 such aggregate liability of $882,119 has been reduced to $678,220; and WHEREAS, the Town Board of the Town has determined that as a result of the general decline in interest rates it may now be able to obtain financing at an interest rate which is less than eight and three-~arters per centum (8.75%) per annum, and on terms beneficial to the Town; and WHEREAS, the Town Board has determined that it is in the best interest of the Town to authorize the financing of such $678,220 liability; Now, therefor, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to finance its $678,220 aggregat'e unpaid liability to the New York State and local Employees' Retirement System and the New York State and local Police and Fire Retirement System. The total amount of said. unpaid liabilities is $678,220, and said amount is hereby appropriated to pay said liability. The plan of financing includes the issuance of $678,220 serial bonds of the Town to financ'e said appropriation; and the levy and collection of taxes "on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $678,220 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33- a of the Consolidated Laws of the State of .New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the specific object or purpose, as described herein, for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 (a) 85 of the Law, is the period of time remaining for the amortization of the amount due under Sections 17-a and 317-a of the Retirement and Social Security Law, and, accordingly, the bonds herein authorized shall mature not later than December 15, 2005. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.103-18 of the United States Treasury Department. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation Of. thesale'of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be .general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and JULY 27, 1993 provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of- Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of~ the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, f~)rm and contents and as to the sale and issuance of the bonds he]~ein authorized and of any bond anticipation notes issued in an~:icipation of said bonds, and the renewals of said bond anticip~[tion notes, are hereby delegated to the Supervisor, the chief fi:~cal officer of the Town. Se:tion 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a (b and an actiol commenced or Se~ permissive r~ 15.-Vote of the Councilman Penn This resolution such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, , suit or proceeding contesting such validity, is :hin twenty days after the date of such publication, such obligations are authorized in violation of the provisions of the constitution. ~tion 7. This bond resolution is subject to ~ferendum. Board: Ayes: Councilwoman Hussie, Councilman Wickham, y, Justice Edwards, Supervisor Harris. ~s declared duly ADOPTED. 185 16.-Moved by Supervisor Harris, seconded by Councilwoman Hussie, THE TO~N BOARD OF THE TOWN OF SOU~HOLD, ZN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS: Section 1. The Town Clerk of said Town of Southold shall, within ten (10) days after the adoption of this resolution cause to be published, in full, in the "THE LONG ISLAND TRAVELER- WATCPIMAN," a newspaper published in Southold, New York~ having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Tow~ maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on July 27, 1993, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted July 27, 1993, authorizing the payment of the Town's outstanding liability for retirement contributions to the State of New York, stating the estimated maximum cost thereof is $678,220, appropriating said amount therefor, and authorizing the issuance of $678,220 serial bonds of said Town to finance said appropriation,,, an abstract of which bond resolution concisely stating the purpose and effect thereof, is as follows: FIRST: AUTHORIZING said Town to finance its $678,220 aggregate unpaid liability to the New York State and local Employees' Retirement System and the New York State and local Police and Fire Retirement System and STATING the estimated maximum cost thereof is $678,22.0; APPROPRIATING $678,220 to pay said liability; STATING the plan of financing includes the issuance of $678,220 serial bonds of the Town, and the levy and collection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; S~COND: AUTHORIZING the issuance of $678,220 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is the period of time remaining for amortization of the amounts due, and, accordingly'the bonds Shall mature not later than December 15, 2005.; the proceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized; and the proposed maturity of said $678,220 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: July 27, 1993 Judith T. Terry Tcwn Clerk Section 2. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in full, in the newspapers referred to in Section 1 hereof, and hereby designated the official newspaper for said publication, togethe~ with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. Section 3. This resolution shall take effect immediately. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 17.-Moved by Councilwoman Hussie, seconded by 3ustice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to Elizabeth Neville to represent the Town Clerk's Office at a New York State Archives and Records Administration Start-Up Meeting for Grant Recipients, on Thursday, Au§ust 19, 1993, from 1:00 P.M. to 3:00 P.M. at the State Office Building, Hauppauge, New York, and actual expense for transportation, using a Town vehicle, shall be a legal charge to the Town Clerk's 1993 Budget. '17.-Vote .of the Town Boar.d: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared .duly ADOPTED. -18.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followin~ 1993 Budc~et modification to the Highway Fund- Part Town to appropriate a donation from the Nassau Point Property Owners Association for road end clean-up: To: DB.2705 Gifts & Donations $ 250.00 From: DB.5110.4 General Repairs, Contractual Expenses $ 250.00 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 1 8 8 JULY 27, 1993 19.-Moved by Justice Edwards, seconded by Councilwoman HUssie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the followin~ 1993 Playc,)round Attendants, Life,guards and Beach Attendant, at the following salaries: PLAYGROUND ATTENDANTS Kim ~¢rontgomery Kelly Mulroy Martha Ker~nelly LIFEGUARDS Michael Patricio (1st year) Stevan Fickeissen (1st year) Sean Gagen (1st year) Mary Kate Toner (1st year) Angela Fioravantes (4th year) Sean Curran (1st year.) Jeff Falkowski (Ist year) Bernard Cassidy (1st year) BEACH ,ATTENDANT 8.00 per hour 8.00 per hour 8.00 per hour $ 7.42 per hour $ 7;42 per hour $ 7.42 per hour $ 7.42'per hour $ 8.22 per hour $ 7.42 per hour $ 7.42 per hour $ 7.42 per hour Abigail' Flansen (1st year) $ 5.83 per hour 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilmar~ Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs James McMahoo, Director of Proo~ram Evaluation, to submit a permit applica- tion to the .New York State Department of Environmental Conservation, on behalf of the Southold Town Highway Department, for the Pipes Neck Road Drainage Project. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. __ 21 .-Moved Councilwoman Hussie, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed Local Law entitled, "A Local Law in Relation to Restricted Parking"; now, therefore, be it RESOLVED that the Town Board hereby sets 4:40 P.M., Tuesday, August 10, 1993, Southold. Town Hall, Main Road, Southold, New York, as time and place for a public hearinc~ on this proposed Local law which reads as follows, to wit: A Local Law in Relation to Restricted Parking BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Article IV, Section 92-43 (Parking for limited time only.) is hereby amended by adding thereto the following: Name of Between the Street Side Hours of First Street Both 6:00 a.m. and 6:00 p.m. Time Limit 15 mins. In New Suffolk, between Jackson Street and Main Street - II. This Local Law shall take effect upon its filing with the Secretary of State. * Underline indicates addition(s) 21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a part-time Clerk-Typist for the Building Department, 17 1/2 hours per week, $6.50 per hour. SUPERVISOR HARRIS: With regrets, Jane Blados will be leaving as a part-time person in that department, so we're certainly going to miss her, and wish her best on her endeavors. 22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. T.his resolution was declared duly ADOPTED. JULY 2?, 1993 189 23.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the construction of a roller blade and skate board facility on Southold Town property behind the Recreation Center, Peconic Lane, Peconic, and allocates a sum not to exceed $15,000.00 from the Park & Playground Fund for said facility, which is to be constructed as per plans and specifications prepared by Engineerinc~ Inspector James A. Richter; and be it FURTHER RESOLVED that the Supervisor be and he is hereby authorized to direct the Town's Insurance Agent, Stype Insurance Agency, to extend the Town's liability coverage for this faci!ity. 23.-Vote of the Town Board: Ayes: Councibvoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This reso~u.tion was declared duly ADOPTED. 24.-~oved by Councilman Wickham, seconded by Justice Edwards, WHEREAS, the 'Town of Southold solicits bids to acquire certain goods and services; and WHEREAS, the Town.must provide appropriate specification to accompany the invita- tions to bid; now, therefore, be it RESOLVED that it is the policy of the' Town Board of the Town of Southold that the Town Engineer, Superintendent of 'Highways, Town Clerk, or any other . appropriate town official may prepare bid specifications for those cases in which said Town official has the required expertise; and be it FURTHER RESOLVED that i'f additional expertise is required to prepare said specifications, an outside party may be consulted in preparing the specifications, in which case that party will provide the Town in writing, in advance, with the cost of providing said services. In the event that the party is also a bidder, the Town wil pay the cost of preparing the specifications irrespective of whether or not the party is subsequently awarded the bid. 24.-Vote of' the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards. No: Supervisor Harris. .This resolution was declared duly ADOPTED. 25.-Moved by Justice Edwards, seconded by Councilmar. Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $4,500.00 to Frohnhoefer Electric Company, Inc., Southold, for consulting engineer services with regard to the preparation of plans and specifica- tions fora bid for the emergency system at Police Headquarters and Town Hall. 25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 26.-Moved'by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby c~rants permission to the Southold Yacht Club to use 35 parking spaces in the Town parking field at Goose Creek Beach, on Saturday, August 14, 1993, for parking vehicles of participant non-residents in their annual "Around Shelter Island Sunfish and Catamaran Race", and these non-residents shall be exempt from paying a $20.00 per vehicle and $20.00- per trailer non-resident parking fee. 26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-J'~oved by Councilman Penny, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southolcl a proposed Local Law entitled, "A Local Law in Relation to Flood Damage Preven- tion''; now, therefore, be it RESOLVED that the Town Board hereby sets 4:35 P.M., Tuesday, Aucjust 10, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a publid hearinc3 on this proposed Local Law Which reads as follows, to wit: A Local Law in Relation to Flood Damage Prevention BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 46 (Flood Damage Prevention) of the'Code of the Town of Southold is hereby deleted in its entirety, and a new Chapter 46 (Flood Damage Prevention) is hereby adopted to read as foll6ws: §q6.1. Chapter L~6 FLOOD DAMAGE PREVENTION Statutory Authorization and Purpose. § L[6.1-1. Findings. The Town Board of the Town of South01d finds that th~ 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 inch,,de: destruc- tion 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 local law is adopted. § o.6.1-2. Statement of 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' condi- tions in specific areas by provisions designed to: Regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities. Require that uses vulnerable to floods, includ- ing facilities which serve such uses, be protected against flood damage at the time of initial construction. 'Control the alteration of natural floodplains, stream channels, and natural protective barriers 'which are involved in the accommodation of flood waters. Fe Control filling, grading, dredging and other development which may increase erosion or flood damages. Regulate the construction of flood barriers which ~vill unnaturally divert flood waters or which may increase flood hazards to other lands.. Qualify and maintain for participation in the National Flood Insurance Program. § ~6.1-3. Objectives. The objectives of this local law are: 'A. To .protect human life arid health. B. To minimize expenditure of public money for costly flood control projects. C. To minimize the need for rescue and relief efforts assoc'ated with flooding and general- ly undertaken at the expense of the general public. D. 'To minimize prolonged business interruptions. JULY 27, 1993 191 § /~6.2. Fo To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas. G. To provide that developers are notified that property is in an area of special flood hazard. H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Definitions. Unless specifically defined below, words or phrases used in this local law shall be inter- preted so as to give them the meaning they have in' common usage and to give this local law its most reasonable application. -"Appeal'! - A request for a review of- the Local Administrator's interpretation of any provision of this Local Law 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 one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is charac- terized by ponding or sheet flow. "Area of special flood hazard" - Is the land in the floodplain within'a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al-A30, A99, V, VO, VE, Or Vl-V30. It is also commonly referred to as the base floodplain or 100-year floodplain. "Base flood" - The flood having a- one per- cent chance of being equalled or exceeded in any given year. "Basement" - That pbrtion of a building ' having its floor subgrade (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" - Has the same meaning ~s. '!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 FIRM as Zone Vl-V30, YE. VO OR V. ~ · "Development" - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dr~dging, .filling, paving~ excavation or drilling operations or storage of equipment or materials. · "Elevated building" - A non-basement building (i) built in the case of a building in Zones Al-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 Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure 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 (ii) adequately anchored so as not to impair the structural integrity of ~the build- ing during a flood of up to the magnitude of the base flood. In the case of Zones Al-A30, AE, A; A99, AO, AH, B, C, X, of 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. flood waters. In the case of Zones Vl-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 of breakaway 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 I~ome 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" or temporary inundation "Flooding" - A general and condition of partial or complete of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) 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 of a 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 ~evel in a natural body of water, accompanied by .a severe storm, or b-~' 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 in (1) above. "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 water courses studied in detail in thi~ Flood Insurance Study. "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 Hazard Boundary Map (FHBM)" means 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 non-structural additions, changes, or adjust- ments to structures which reduce or eliminate flbod damage to real estate or improved real property, water and sanitary facilities, struc- tures and their contents. "Floodway" - has the same meaning as" Regulatory Floodway". "Functionally dependent use" - A use cannot perform its intended purpose unless it is located o~ carried 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, manufac- turing, sales, or service facilities. 1 9 4 Ju,y 27, ,,,3 "Highest adjacent grade" - The highest natural elevation of the ground surface, prior to construc- tion, next to the proposed wails of a structure. "Historic structure" means any structure that is: listed individually in the National Register of. Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual ilsting on the National .Register; certified or preliminarily determined by the Secretary of the Interior as. contri- buting to the historical significance of a registered historic district or a dis- trict 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 deter- mined by the Secretary of the Interior or- (2) directly by the Secretary of the Interior in states without approved programs. "Local Administrator" - IS the person appointed by the community to administer and implement this local law by granting or denying development permits in accord- ance with its provisions. This person is often the Code' Enforcement Officer, Building Inspector or employee of an engineering department. "Lowest Floor" - Lowest floor of th~ 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 struc- ture in violation 'of the applicable non-elevation design requirement.s of this Local Law. "Manufactured home" - A structure, transpor-' table 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 ~li.vided into two or more manufactured home lots for rent · or sale. "Mean Sea Level" - For purposes of the National Flood Insurance Procjram, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mobile home" - Has the same meaning as "Manufactured home". "National Geodetic Vertical Datum (NGVD)" - corrected in 1929 is a vertical control used as a reference for establishing var-/ing elevations within the flood plain. As "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. "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 installa- tion of utilities, the construction of streets, and either final site 9radin9 or the pourin9 of concrete pads) is completed on or after the effective date of floodplain'management regula- tions adopted by a community. "One hundred year flood"'or "lO0-year flood" - Has 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 du~ing 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" - That at least_ 51. percent of the actual cash value of the structure, excluding land value, is above ground. "Recreational vehicle" - A vehicle which is: Ao 'C. built on a single chassis; BOO square feet or less when measured at the largest horizontal projections;. designed to ve self-propelled or perma- nently towable by a light duty truck; and not designed primarily for use as a permanent dwelling but as temporary liv- in9 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 Section o,.o,-2 of this Law. "Sand Dunes" - Naturally occurring accumula- tions of sand in ridges or mounds !andward of the beach. "Start of construction" - Includes substantial improvement and means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the place- ment and/or installation on the property of accessory buildings (garages, sheds) storage trailers, and building materials. For manufac- tured homes the "actual start" means affixing of the manufactured home to its permanent site. "Structure" - A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manu- factured home. "Substantial damage" - Damage of any origin sustained by a structure whereby the cost of restoring and structure to its before damaged condition would equal or exceed 50 percent 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 percent of the market value of the structure before the "start of construction" of the ~mprovement. The term includes structures which have incurred "substantial damage", regard- less of the actual repair work performed. The term 'does not, however, include either: any project for improvement of a Struc- ture 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 Bo any alteration of a "Historic structure", )rovided that the alteration will not ~reclude the structure's continued desig- nation as a "Historic structure". JULY 27, 1993 197 § ~6.3. "Variance" - A grant of relief from the require- ments of this local law which permits construction or use in a manner that would otherwise be prohibited by this local law. General Provisions. § ~6.3-1. Lands to which this Local Law applies. This local law shall apply to ali areas of special flood hazard within the jurisdiction of the Town of South'-old § q6.3-2. Basis for establishing the areas of special flood hazard. The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency: Flood Insurance Rate Map (multiple panels) Index No. 360813 0001 - 0120, whose effective date is August 16, 1993. A scientific and engineering report entitled '"Flood Insurance Study, Town of Southold, New York, Suffolk County" dated August 16, 1993. The above documents are hereby adopted'and declared to be a part of this Local Law, The Flood Insurance Study and/or maps are on file at: the office of the Town Clerk. § ~6.3-3. 'Interpretation and conflict with other laws. This Local Law includes all revisions to the National Flood Insurance Program through November 1, 1989 and shall supersede al prev.ous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provi- sions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this Ioca law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, 'the most restrictive, or that imposing the higher standards, shall 9overn.' § 116.3-~. Severability. · The invalidity of any section or provision of this local law shall not invalida;~e any other section or. provision thereof.' § It6.3-5. Penalt!es for' no~-compliance. -. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, con- verted, or altered and no land shall.be excavated or filled without full compliance with the terms of this local law and any other applicable regulations. Any infraction of the provisions of this local law by failure to comply with any of its requirements, includ- |ng infractions of conditions and safeguards established in connection with conditions of-the permit, shatl constitute a violation. Any person who violates this local law or fails to comply with any of its require- ments 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 from taking such other lawfu action as necessary to prevent or remeoy an infraction. Any structure found not compliant with the requirements of this local law for which the developer and/or owner has not applied for and received on approved variance under Section 4t6.6 will be declared non-compliant and .,notification sent to the Federal Emergency Management Agency. § 46.3-6. Warning and disclaimer of liability. · The degree of flood protection required by tl~is local, law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the Town of Southold, any officer or employee thereof, or the Federal Emergency Management Agency., for'any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder. Administration § /~6.~,-1. Designation of the local administrator. The Building Inspector is hereby appointed Local' Administrator to administer and implement this local law by granting or denying floodplain develoPment permits in accordance with its provisions. § 46.[~-2. The floodplain development permit. § 46.~-2[1). Purpose. A floodplain development permit is hereby established for all construction and other developL mentot be undertaken in areas of special flood hazard in this community for the purpose, of protec- ting its citizens from increased flood hazards and insuring that new devel'opm~nt is constructed in a manner that minimizes, its exposure to flooding. It sh~ll be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section ~46.3-2, without a valid 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, dimen- sions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoin9. Ju, 27, 993 1 9 9 § 46.~-2(2). Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $ i00,o'o In addition, the applicant shall be responsible for reimbursing the Town of Southold for any additional costs necessary for review, inspection and approval of th's project. The Local Administrator may require a deposit of no more than ' $500.00 to cover these additional costs. § ~,6.B-3. Appl'ication for a permit. The applicant shall provide at least the'following information, where applicable. Additional information may be required on the permit application form. Be -.D. Ee Fe The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantiai- Iy improved structure to be located in Zones Al-A30, AE or AH, of Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built eleva- tion, certified by a licensed professional engineer or surveyor. The proposed elevation in relation to mean sea level, of the bottom of the lowest struc- tural member of the lowest floor (excluding pilings and columns) of any new or substantial- ly improved structure to be located in Zones V1-V30 or VE, or Zone V if base flood elevation data are available. Upon completion of the lowest floor, the perm[tee shall submit to the' Local Administrator the as-built elevation, 'certified by a licensed professina engineer or 'surveyor. The 'proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the flood- proofed portion of the structure, the permitee shall submit to the Local Administrator the as-built flood proofed elevation, certified' by a l~rofessional'engineer or surveyor. A certificate from a licensed professional engineer or architect hat any utility flood- proofing .will meet the criteria in Section 46.5-2 (3), UTILITIES. A.certificate from a licen§ed professional' ' engineer or architect that any non-residential floodproofed structure wil meet the flood proof- lng criteria in Section ~,6.5-5, NON-RESIDENTIAL STRUCTURES (EXCEPT COASTAL HIGH HAZARD AREAS).; A description of the extent to which any water- course 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 Section L~6.3-2, 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 assu.rances that the conveyance capacity of the altered or relocated stream segment will be maintained. A technical analysis, by a licensed profes- sionai engineer, _if required by the Local Admini;trator, 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 shall be provided by the permit 'applicant 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 5 acres. in Zones V1-V30 and VE. and also Zone V if base flood elevation 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. Jo In Zones V1-V30 and VE, and also Zone V if base flood elevation are available, for all new and substantial improvements to structur~es, floodplain develOpment-permit applications sha l be accompanied by design plans and specifications, prepared in sufficient detail to enable independent review, of the foundation support and connection components. Said plans' and Specification~ shall be developed or reviewed by a licensed professional engineer or architect, and shall be accompanied by a statement, bearing the .signature of the archi- tect 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 local law. Duties and responsibilities of the Local Administrator. Duties of (he Local Administrator shall include, but not 'be limited the following. §~6-~-~-(1)- Permit application review. The Local Administrator shall conduct the following permit application review befo~-e issuing a flood- plain development permit: Ao Review all a~plications -for completeness, particularly with 'the requirements of subsection ~6.u,-3, Application for a Permit, and for compliance with the provisions and standards of this law. Review subdivision and other prooosed new development, including manufactured home parks to determine whether proposed build- ing sites will be reasonably safe from flooding. If a proposed building site is located in an area of specia! flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 46.5 Construction Standards and, in particular, sub-section 46.5-1(2), Subdivision Proposals. Determine whether ar~y prooosed 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 deter- mination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Section 46.5, Construction Standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re-submit the appli~ cation. Determine that all necessary permits have been received from those governmen- tal agencies from which approval is required by State or Federal law. §.46.4-~(2). Use of other flood data. Ao When the Federal Emer:gency Ma"nagement Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface eleva- tion data (th:ese 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 sourc.e, inciudlng data developed pursuant to paragraph 46~3(H) as criteria for'requiring that new construction, sub- stantial improvements or other proposed development meet the requirements of this law. -B. 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 law. §~6-Lt-L~(3)- Alteration of watercourses. Ao Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evi- dence of such notification to the Regional Director, Region II, Federal 'Emergency Management Agency. Determine that the permit holder has provided for maintenance withi~ the altered or relocated portion of said watercourse so that the flood carrying' capacity is not diminished. ~6.~-~(~). A. Construction Stage.' In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, upone placement of the Iowes~ floor or completion of flood- proofing of a new or substantia ly improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or flood proofed 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 same. For manufactured homes, the permit holder shall submit the certifi- cate of elevation upon placement 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 vi~v30 and YE, and also Zone V if base flood elevation data are avail- able, upon placement of the lowest floor of a new or substantially improved struc- ture, the permit holder shall submit to the Local Administrator a certifica{e of elevation, in relation to mean sea Jevel, of the bottom of the lowest structural member of 1;he lowest floor (excluding pilings and 'columns). For manufactured homes, the permit holder shall submit the Certificate of elevation upon placement Of the structure on the site. An eleva- tion 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 furthe~ work undertaken prior to submission and approval of f~he certifi- cation 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 immedi- ately corrected. JUL 27, ,9,3 2 0 3 Inspections. The Local Administrator and/or the developer's engineer or architect shall make periodic inspec- tions at appropriate times throughout the period of construction .in order to monitor compliance with permit conditions and enable said 'nspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. §~,6.~.-4(6). Stop work orders. The Locai Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a d6velopment permit. Disregard of a stop work order shall subject the violator to the penalties described in Section L~6.3-5 of this loca~ law. The Local Administrator shall 'ssue, or cause to be issued, a stop work order for any floodplain development found non- compliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator of the penal- ties described in Section 46.3-5 of this local law. § tt6.[t-~,(7). Certificate of Compliance. Ao In areas of special flood hazard, as determined by documents enumerated in S~ction u, 6.3-2, it-shall be unlawful to occupy or to permit the use or occupancy of any building or permises, or both, or part thereof hereafter created, erected, changed, converted or wholly 'or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this local law. 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-Section ~,6.~,-4(5), Inspections, and/or any certified elevations, hydraulic data, flood- proofing, anchoring~ requirements or encroachment analyses which may have been required as a condition of the approved permit. § ~6.~-~I(8). Information to be retained. The Local Administrator shall retain and make available for inspection, copies of the following: A. Floodplain develepment permits and certificates of compliance; Certifications of as-built lowest floor elevations of structures, required pursuant to sub-sections ~6-~--L~(LO(A) and ~6.L~-~(LO[B) of section ~,6.~-4, Construction Stage, and whether or not the structuires contain a base- ment; Floodproofing certificates required pursuant to s. ub-sections ~6./~-~(o,)(A) of Section o~6.4-0~, Construction Stage, and whether or not the structures contain a basement; D. Certifications required pursuant to sub- section ~6.5-~(14), Breakaway wall design standards, and paragraph (10) of Section 'u, 6.4-3, Application for a permit; E. Variances issued pursuant to Section 1~6.6, Variance procedures; and, F. Notices required under sub-section 46.4-~,(3), Alteration of Watercourses. §46.5. Construction Standards. §L~6.5-1. 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 Section ~,6.3~3. §L~6.5-1(1). Coastal High Hazard Areas. The following requirements apply within Zones Vl-V30, VE and V: Ao All new construction, including manu- factured 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. The use of fil for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited. Man-made alteration of sand dunes which would increase potential flood damage is prohibited. JuL 27, ,,,3 2 0 5 § /16.5-1(2). Subdivision proposals. The following standards apply to all new sub- division proposals and other proposed development in areas of special flood hazard (including pro- posals for manufactured home and recreational vehicle parks and subdivisions): A. Proposals shall be consistent with the need to minimize flood dama'ge; B. 'public utilities and faciiities such as sewer, gas, electrica! and water systems shall be located and constructed so as to minimize flood damage; and, Co Adecuate drainage shall be provided to reduce exposure to flood dar, age. § q6.5-1(3). A. Bo Encroachments. Within Zones Al-A30- and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: the applicant demonstrate's that the cumulative effect of the pro- posed development, when combined with all other existing and antici- pated development, will not increase the water surface elevation of the. base flood more than one foot at any location, or, (2) 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 neces- sary data, analyses ann mapping and reimburses the Town of South01d 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. On streams with a regulatory floodway, as shown on the Flood Boundary.and Floodway Map or the Flood Insurance Rate Map adopted in Section q6.3-2, no new con- struction, substantial improvements or -other developments in the floodway (includ- ing fill) shall be permitted unless: (1) a technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in an__qy_ increase in flood levels during occurrence of the base flood, or, -- (2) the Town of Southold agi-ees to apply to the Federal Emergency Management Agency (FEMA) for a conditional 2 0 6 JULY 27, 1993 § ~6.5-2. Standard FIRM and floodway revision, FEMA approval is received and the appli- cant 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 fina! map revisions. s for all ~tructures. § ~6.5-21~1). Anchoring. Ao New structures and substantial improve- ment 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. § ~6.5-2(2). Construction materials and methods. New construction and substanti'al improve- ments to structures shall be constructed with materials and utility equipment resistant to flood damage. New construction and substantial improve- ments to structures shall be constructed using methods and practices that mini- m~ze flood damage. Co For enclosed areas below the lowest floo~ of a structure within Zones Al-A30, Ae or AH, and also Zone A if base flood eleva- tion data are available, new and substan- tially improved structures shall have 'fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, builiding access or storage in an area other~ tl3an a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior wails by allow- ing for the entry and exit of flood waters. Design~ for meeting this require- ment must either be certified by a licensed professional eng,ineer or architect or meet or exceed the following minimum criteria: 'a minimum of two openings having a total net area of not less than one square inch'for every square foot of enclosed area subject to flooding; and (2) the bottom of all such openings 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, they permit the auto- matic entry and exit of floodwaters. JULY 27, 1993 2O7 Do Within Zones VI-V30 and VE, and also with- in Zone V if base flood elevation are available, new construction and substan- tial improvements shall have the space below the lowest floor either free from obstruction or constructed with non- supporting breakaway walls., open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structui-a[ damage to the elevated portion of the building or supporting foundation system. The enclosed space below T. he 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 sub- ject to the design requirements for breakaway walls. § 46.5-2 [3). Utilities. Machinery and equipment ~ervicing a building must either be elevated to or above the base flood level or d~signed to prevent water from entering or .accumulating within the components during a flood. This includes heating, ventilating, and air conditioning equip- ment, hot water heaters, applicances, elevator lift machinery, and electrical jun~-tion and circuit breaker boxes. 'When located below the base flood eleva- tion, a professional engineer's.or architect's certification of the design is required; Bo New and replacement water supply systems shall be designed to minimize or elimi- nate infiltration of flood waters into the system; Co New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. 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; and, On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. § ~6.5-3. Residential structures (except coastal high hazard areas). 2.0 '8 .JULY 27, 1993 § ~,6.5-3(1). Elevation. The following standards, in addition to the standards in subsections 46.5-1(2), Subdiv'sion proposals, and /46.5-1 [3), Encroachments, and Section /46.5-2, Standards for all structues, apply to struc- tures located in areas of special flood hazard as indicated. Ao Within Zones Al-A30, AE and AH and also Zone A ~f base flood elevatior~ data are available new construction and substantial improvements shali have the lowest floor (including base- merit) elevated to or above the base flood !evel. Bo 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 substantiaily improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least ,as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumer- ated in Section 46.3-2 (at least two feet if no depth number is specified). Within Zones AH and AO, adequate drainage paths are required to guide, flood waters around and away from proposed structures on slopes. § ~,6.5-~. Residential Structures (Coastal high hazard areas) The following standards, in addition to the stand- in sub-sections 46,5-1(1), Coastal high hazard areas, and /J,6.5-112), Subdivision proposals, and Section 46.5-2, standards for all structures, apply to structues located in areas of special flood hazard shown as Zones V1-V30, VE or V on the community's Flood Insurance Rate Map designated in Section 46.3-2. -.§ ~16.5-~(1). Elevation. New construction and substantial ~mprovements Shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal struc- tural 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) is elevated to or above the level of the base flood so as nos to .impede the flow of water.. - .-~.,, § 116.5-4.(2). Determination of loading 'forces. Structural design shall consider the effects of wind and water loads acting simultaneously dur- ing the base flood on all building components. JULY 27, 1993 209 Ao § ~6.5-~(3}. 'B.. 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 water-borne storm debris. Dynamic uplift loads shall also be consid~.red if bulkheads, wails, or other natural or man-made flow obstructions could cause wave rump beyond the elevation of the base flood. Buildings shall be designed and con- structed 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 under- side 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. The pilings or column foundation and. structure attached thereto shall be .adequately anchored to resist flotation, collapse or latera movement due to the effects of wind and water pressures act- ing simultaneously on all building compo- nents. 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 st?uctural support of a new building or substantial improvement of an existing structure. ! ^. Pile foundation design. 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. 2,1 0 ' jULY 27, 1993 Co Ee Fo Ce ti. Pilings shall have adequate soil penetra- tion (bearing capacity) to resist the com- bined wave and wind loads (lateral and up- lift) associated with the base flood action simultaneously with typical structure (live and dead) loads, and shall include consider- ation of decreased resistance capacity caused by erosion of soil strata surround- ing the piles. The minimum penetration for foundation piles is to an elevation of 5 feet below mean sea level (msl) datum if the BFE is +lO msl or less, or to be at !east 10 feet below msl if the BFE is greater than +i0 msl. Pile foundation analysis shall also in- clude consideration of piles 'n column action from the bottom of the structure to the stable soil elevation of the site. Pillngs may be horizontally or diagonally braced to withstand wind and water forces, The minimum acceptable sizes for timber piles are a tip diameter of 8 inches for round timber piles and 8 by 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 28-day ultimate compressive strength of not less than 5,000 pounds per square inch, and shall be reinforced with a,minimum of four longi- tudinal steel bars having a combined area of not less than 1% nor more than ~% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/~ 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 21 inches. Piles shall be driven by means .of a pile driver or drop hammer, 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 ~t the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade supports should I~e securely attached to the piles to provide support even if scoured from beneath. Diagonal bracing between piles, consist- ,ng of 2-inch by 8-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation, and aligned in the verti- cal plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter 1/2 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 shore, line. Knee brace's shall be 2-by-8 lumber bolted to the sides of the pile/beam, or ~-by-U, or larger braces framed into the pile/beam. Bolting shall consist of two 5/8-inch galvanized steel bolts (each end) for 2-by-8 members, or one 5/g-inch lag bolt (each end) for square L . memue, s. Knee braces shall not extend more than 3 feet beiow the elevation of the base flood. § A. § A. § 47.5-~(7). (A) § ~G.s-~(8). (A) 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 moment-resisting connection to a pile cap or ile shaft. Connectors and Fasteners. Galvanized metal conenctors, wood connec- tors, or bolts of size and numoer ade- quate 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 loca- tions shall 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 (of 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 ~ inches by 18 inches each bolted with two 1/2 inch la9 bolts per beam member shall be used. Notching of pile tops shall be the minimum sufficient to k provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched' so that the cross section is reduEed below 50%. Floor and deck connections. Wood 2- by B-inch (minimum) connectors or: metal joist anchors shall be used to tie 2,12 Ju, 27, 1,,3 (B) § ~6.5-~(9). (A) ~ ~6.5-~(10). (A) floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross bridg- in9 of all floor jol'sts shall be provided. Such cross bridging may be 1- by 3-inch members, placed 8 feet on-center maximum, or solid bridging of same depth_ as joist at 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/L~)-inch total thickness, and should be exterior grade and fastened to beams or .ioists 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 achor 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 15/32- 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 2-by-~ nailer blocking shall be pro- vided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2- inch diameter or galvanized steel straps not less than I 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 3 inches shall be used at each end of the 1/2~inch round rods. These anchors shall be installed no more than 2 feet from each corner rod, no more than 4 feet on center. Ceiling joist/rafter connections. All ceiling joists or rafters shall be' installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters .shall be securely fastened at their intersections. A metal or wood connec- tor shall be used at alternate ceiling . joist/rafter connections to the wall top plate. · O~ble roofs shall be additionally stabilized by inStalliog 1-by-~, blocking on 2-foot centers between the rafters at each gable end. Blockinq shall be installed a minimum of 8 ~eet toward the house interior from each gable end. J.Lv 27. ,,,3 2 1 3 A. § ~6.5~{12). (c) § ~,6.5-~,(13 ]. (A) § B6.5:B(1~). (A) 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 2 feet and joist overhangs to a maximum of 1 foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered professional engineer or architect and certified in accordance with Section ~,6.~4-3[J) of this local law. Roof Sheathing 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 sheating and roof coverings shall be galvanized or be of other suitable corrosion resistant material. All corners, gable ends, and roof over- hangs exceeding six inches shall be reinforced by the application of water- proof industrial adhesive applied to all bearing surfaces of any p!ywood sheet used in the sheathin9 of such corner, gable end, or roof overhang. In addition, roofs shoul'~l be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, vaUeys, 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 mph. Connec- tions 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. 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 struc- ture at the point of wall .failure be confirmed usin9 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., 2,14 (B) 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 specifica- tions for the building foundation and breakaway wall components, and certifl- ties that (1) breakaway walls will fail under water loads less than those that would occur during the base flood; an.d (2) the elevated port.:'or, of tile build- ing and supporting foundation system will not be subject to collapse, dis- placement, or other structural damage due to the effects of wind and water loads acting simultaneously on al: building components (structural and non-structural). Water loading values used shall be those associated with the' base flood. Wind loading values shall be those required by the buildi.ng code. § 46.5-5. Non Residential Structures (Except coastal high hazard areas) The following standards apply to new and substan- tially improved commecial, industrial and other non- residential structures, in addition to the requirements in sub-sections 46.5-1(2), subdivision proposal, and 46.5-1(3), Encroachments, and u,6.5-2, Standards for all structures. (A) Within Zones Al-A30, AE'and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure, together with attendant utility and sanitary facilities, shall either: (B) (1) have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or (2) be flood proofed so that' the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable or-resisting hydrostatic and hydrodynamic loads' and the effects of buoyancy.. Within Zone AO, new construction and substan- tial improvements of non-residential struc- tures shall: (1) have the lowest floor (including basement) elevated above the the highest adjacent grade at least as .high as the depth' number specified .in feet on the community's FIRM (at least two feet if no'depth number is specified), or JULY 27, 1993 215 (2) together with attendant utility and sani- tary facilities, be completely flood- proofed to that level to meet the flood- proofing standard specified in sub-section 46.5-5(A) (2). (c) If the structure is to be floodpr°°fed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for con'struction. A FIoodproofing Certificate or other certifi- cation shall be provided to the Local Adminis- trator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Section 46.5-5[A)(2), includ- · lng the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. (D) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. (E) Within Zone A, when no base flood elevation data are available, the lowest floor (includ- lng basement) shall be elevated at least three feet above the highest adjacent grade. § t[6.5-6. Non-r'esidential structures (coastal high hazard areas) -{A) In Zones Vl-V30, VE and also Zone V if base flood elevations are available, new construc- tion and substantial improvements of any non- residential structure, together with attendant utility and sanitary facilities, shall have the bottom of lowest member of the lowest floor elevated to or above the base flood elevation. Floodproofing of structures is not an allow- able alternative to Floodlproofing of strut- tures is not an allowable alternative to elevating the lowest floor to the base flood .elevation in Zones V1-V30, VE and V. §/~6.5-7. Manufactured homes and recreational vehicles. The following standards in addition to the standards in Section ~6.5-1, General Standards, and Section L~6.5-2, 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 haza rd. (A) Recreational vehicles placed on sites within Zones' Al-A30, AE, AH, Vl-.V30, V and VE shall either: (1) be on site fewer than 180 consecutiv~ days, (2) be fully licensed and ready for highway use, or (3) meet the requirements for'~manufactured homes paragraphs L~6.5-7(B), (D) and (E). .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. 2.1 6 Ju, 27, A manufactured home that is placed or substantially improved in Zones Al-A30, AE, AH. Vl-V30 or VE that is on a site either: (1) outside of an existing manufactured home park or subdivis'on as herein defined; (2) in a new manufactured home park or subdivision as herein defined; (3) in an expansion to an exist:rig manufactured home park or subd[vis'..'on as here!n defined; or (4) in an existing manufactured home park or subdivis- ion as herein defined on which a manufactured home has incurred substantial damage as the result of a flood; shall, within Zones Al-A30, AE and AH: be elevated on a permanent foundation such- that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral move- ment; or, within Zones VI-V30 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 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 in prohibited. Methods of anchoring may include, but are not limited to, use of over-the- top or frame ties to ground anchors. (C) A manufactured home to be placed or substantially improved in Zone Al-A30. Ae, Ah, Vl-V30, or VE, in an e.xistin9 manufactured home park or subdivision that is not to be placed on a site on which a. manu- factured home has incurred substantial damage shall be: (1) elevated in a manner such as required in para- graph u,6.5-7(B), or (ii) elevated such that the manufactured home chassis is supported by reinforced piers or other founda- tion 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 in prohibited. (D) Within Zones Z or 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 ether foundation elements of at least equiva- lent 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 in prohibited. (E) 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 Section. 46.3-2 (at least two feet if no depth number is spec fled. Elevation on piers consisting of dry stacked blocks in prohibited. 217 §N6.6. Variance Procedure. § N6.6-1 Appeals Board, (A) The Zoning Board of Appeals ~s established by the Town of Southold, shall hear and decide appeals and requests for variances from the requirements of this (13) The Zoning Board of Appeals shal'l hear and decide "appeals when iris alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or adminis- tration of this local law. (c) (D) 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. In passing upon such applications', the Zoning Board of APpeals, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this local law and:- (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 th~ individual owner; (a.) 'the importance of the Services provided by the proposed facility to the community; (5) t'he 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 flood- lng 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 pro§ram of that area; .(9) (11) the safety of access to the property in time~ of flood for ordinary and emergency vehicles; the costs to local governments and the dangers associated with conducting search and rescue operations du.ring period of flooding. the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wa~e action, if applicable, expected at the site; and 46.6-2 A. (12) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utiities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. Upon consideration of the factors of Section [t6.6-1(D) and the purposes of this local law, the Zoning Board of Appeals may attach such cohditions to the granting of variances as it deems necessary to further the purposes of this local law. The Local AdministPator shall maintain the records of all appeal actions inc!uding technical information and report any variances to the Federal Emergency Management Agency upon request. CONDITIONS FOR VARIANCES Generally, variances may be issued for new construc- tion and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1-12) in Section B6.6-1(D) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification ,required for issuing the variance increases. Variances may be issued for the repair or rehabili- tation of historic structures upon determination that: (1) the proposed repair or rehabilitation will not preclude the structure's continued designation as a "Historic structure". (2)' 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 con- struction and substantial improvements and for other. development necessary for the conduct of a functionally dependent use provided that: (1) the criteria of subparagraphs 1, ~,, 5, and 6 of this Section are met; the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. Variances shall not be i~sued within any designated floodway if any increase in flood levels during the base flood discharge would result. E. Variances shall only be issued upon a determination that the variance is the minimum necessary, consider- ing the flood hazard, to afford relief. F. Variances shall only be issued upon receiving written justification of: ' (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and JUL 27, 1993 2 I 9 (3) a determination that the granting of a variance wile not result in increased flood heights, additional threats to public safety, extra- .ordinary public expense, create nuisances, 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 wri%ten notice over the signature of d community official that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation. Il: This Local Law shall take effect upon its filing with the Secretary of State. 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a change order for a $7,500.00 increase in costs for the sewerage system at the Human Resource Center, Pacific Street, Mattituck, and a $1,037.00 change order for the installation of vinyl tile in the kitchen area as per the Suffolk County Health Department Code. 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their Resolution No. 4, adopted on Aur4ust 14, 1990, accepting the resignation of Leona Urban, a Driver for the Nutrition Program, effective July 30, 1990; and be it FURTHUR RESOLVED that Leona Urban be reinstated immediately to her position as a Driver for the Nutrition Program. 29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: At this time, before we go into recess, and go into public hearings, are there any members of the audience, that would like to address this Board on any issue which you feel may be important for us to have knowledge of? (No.response.) If not we'll take a five minute recess, and resume at 8:00 o'clock, t~hen we 9° into our public hearin9. Moved by Supervisor Harris, seconded by Justice Edwards, it was RESOLVED that a recess be called at this time, 7:55 P.M. for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councibvoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Meetincg reconvened at 8:10 P.M. SUPERVISOR HARRIS: We'll 9° back to the regular portion of the meeting. Are there any member of the audience, that would like to address this 13oard on any issue, before we discuss whether we want to act on this previous public hearing? RUTH OLIVA: Ruth Oliva. I'd just like a I~ttle clarification. We have a presenta- tion on the Task Force from Dvirka and Bartilucci, and you discussed it today whether to develop Task 6 and 7, but you decided to get overall costs of Option A and~Option B, but I don't how Dvirka and 13artilucci are going to come up with approximate costs for Option A and Option 13 unless they know some of the details, if there are any negotiations going on with Huntington about how is the yard waste ~;oin~ to shipped. Is it 9oing 1~o be shipped loose? In fact, they brought that up Monday night. Is it 9oing to be shipped loose, or is it going to compacted? Is it 9oin9 to be shredded, and what have you? So I don't know how they're ~oinE; to cor.~e up with costs unless they have more information from this Town Board as to the direction of the negotiations. You hear people around town, too, Scott, you know, what is happening with the garbage? What is happening with the twicjs for trash? Being a r.~er.~ber of the Task Force I can't really say anything more than what D&B is giving us, which is just approximate costs For equipment, and a possible layout subject to the approval or disapproval of the DEC. But, we haven't had any information to the extent or what's happening with the negotiations with Huntington. COUNCILMAN PENNY: Ruth, if I could respond for Scott, as you know he was not here this afternoon, l-le was at a meeting in Riverhead, which I'm sure he'll reflect on, because he met with Governor Cuomo, and I'm sure that doesn't happen every day in his life. But, we didn't decide to 3o back to D&B, and have D&B put everything together. We decided to have the Task Force put this together as a package. RUTH OLIVA: How are they going to do it either, George, it doesn't make any difference who's doin9 it, DSB doing it, or the technical advisor doin9 it, i'f you don't have the facts from Huntington, how this yard waste is going to be shipped as far 'as the tonage is concerned, or how much, you can't come up with any costs7. COUNCILMAN PENNY: I'm not addressing at this point how they're going to ship it to us. We are addressing how much we can handle based upon the two options given to us by D&B, and I can't give you anymore information than that, because that's all we addressed today. You're going well beyond the scope of what we discussed today. RUTH OLIVA: My point is, I don't see how, even the Technical Advisory Committee can come up with any specific numbers, unless they know how this material is going to be shipped, because it depends upon the waste, or the cubic yards, and if they don't have information it's time to start, as simple as that. COUNCILMAN PENNY: I can only say once shipping. We're addressing the capacity on anywhere else. again, that we were not addressing the site, not how it gets here, or RUTH OLIVA: Very well, George, but you still can't do even capacity on the site. You have to know how much, or how much it's going to weight, to decide the whether the capacity is going to be on the site. You have a very limited amount of land there, and whether that's going to be enough when you do your final negotiations with Huntington, if that's going to come to pass at all, and I think it's going to be a nebulous figure. It's not going to be a very definitive cost, until you have some more information. Thank you. SUPERVISOR HARRIS: Thank you, Ruth. Anybody else like to address this Board on any issue? (No response.) If not, does this Board want to act on the public hearing, that it had, or hold it on the questions that were asked? We'll hold the "Local Law in Relation to Standard Yield Requirements". Any member of the Board have anything they'd like to say at this time? COUNCILMAN WICKHAM: I'd like to report briefly tonight on a discussion from today's Town Board Work Session, a session when, unfortunately there were no reporters present. The topic was the revised Ethics Code for the Town of Southold. Many of you know that we already have a Ethic Code, the purpose of which is to guarantee the Town Offi'cials do not betray the public trust, or that your elected Officials act openly, and honestly at all times. Our legislation has been on the books for some twenty-two years, and has only had one case to consider. It is largely uneffective for it has no teeth, nor enforcement provisions. In March of this year at the First United Southold press conference on open government, I committed our slate to working for a revised Ethics ,Code for the Town, have spoken about it from time to time, and two weeks ago tonight, we held a town-wide political meeting on that subject. At that meeting, I pointed out the importance of three provisions in the revision, namely, standards to judge by, disclaimer provisions, and some means of enforcement. Well over one hundred people cOntri- buted comments at that meeting, which we ha~e taken careful note of, and we'll try to ~¢ork into the proposals. Today, this afternoon, within two short weeks of that meeting, the Deputy Supervisor has proposed that we enact from beginning to end the entire Ethics Code for Southampton Town. Today he forcefully pressed for immediate adoption of that Code, to put it to a public hearing for adoption into our Code, changing only the words Southampton to Southold, all fifteen pages. The Southampton Code is a good one, but it is good because it was the product of considerable discussion by the people of that town. It was pushed through by an independent party there, and I have studied it carefully. While it is far better than our current Code, would you want to simply adopt another town's Code? Of course not. Would you adopt it without even inquiring of that town how well it has worked, or whether they would do it differently? Of course not. Would you press on anyway to adopt here? Yes, if you were primarily concerned with upstaging your opposition. Yes, if you were basically a follower, and not a leader. So, what did the Town Board do this afternoon? I broadly supported the Southampton model, but not it's word for word incorporation. We compromised. It was sent to the Town Attorney's Office for his review, and submission back to the Board with anintention to enact two weeks from today. I wish to point out that while I support the sudden enthusiasm for good ethics on the part of the Deputy Supervisor,asking the Town Attorney to review the proposal is no substi- tute for informed discussion on the part of people, and officials, of the Town. I should point out one particularly telling footnote. Just last month Southampton revised it's Code, specificaily removing the Tow~ Attorney from dealing matters before it:s Ethics Board. This was done for a purpose. To avoid any semblance of th, e Town Attorney siding with key members of the Board. Today, the Deputy Supervisor pressed for the immediate wholesale adoption of a foreign Code, and completely missed the essential ingredients to protect the integrity of the process. Stay tuned for the next installment. COUNCILMAN PENNY: Tom, once again, has alluded to some key features, that were left out, or once again, has not suggested what they were, and it's unfortunate that the press wasn't here today, because they would have heard, once again, that Tom earned another pitcher from the soap opera, that he just created. Yes, I put a Ethics Code on, because quite honest y as a result of what's happening in the last few months on ethics, and the fact that a kangeroo court was held last week, which didn't amount to be much of anything, and which I stated publicly that I would not attend, and I listened to a tape, that was done by Councilman Lizewski, who sat in the kitchen waiting to answer the charges, that were being levied upon him in a McCarthyistic fashion by a political party over a course of about thirty days, but nothing happened once again. I will give you a little better picture of what happened today. I had suggested at the last meeting, and I will read from the notes, regarding Councilman Wickham, is that, if there's a shred of sincerity in the Councilman's concern for ethics would he support the establish- menu of a non-partisan committee to address this issue in a proper atmosphere~. That was a misreading, that I made from the Southampton Code. It was supposed to be a non-partisan committee to feed the Ethics Committee, and that this be done in a public fashion, not by a political party, but I maintain that I think it's a charade, and it's sheer politics to address this in a political caucus, a political meeting, by any one' political party. The Town of Southold deserves better than this. The Town of Southold deserves ethics, that can be debated here on the forum, not by one side, ano not by the other side, but by everybody that has some concern bringing their issue to the table. I offered that forum today. The aCOU~ncilman pressed me as to what I would put through on the Southampton Code, nd I told Him, Tom, as far as concerned it's a very valid Code. Would you, please, if y~ou have some concerns, or any other Town Board member has any cpncerns ab6bt this Code, please, bring them Up now. Tom brought up One thing that he' thought that' there was one s~ction in there, that he had rum~)rs about, wasn't being done. effectively, .and we said We'd check that out. That was the only com:ment:that was-made by any Town Board member, so to say that I forcefully pressed an issue, just means that Tom wasn't really s ncere in waoting to gO ahead with this. He felt that he was being pressed by me, because of poi'tics, and believe you me, this issue does not belong in politics. The McCarthyistic way that this has been handled from the last thirty to sixty days was g(~ing t~) involve in a witch hunt in $outhold Town. If there is any sincerity; then .let S get it right here. This is the form that it belongs in, not is a orchestrated meeting by a politi- cal party, and believe you me, Tom, I listened Joe Lizewski's tapes,~.and there were very, very few comments that were made outside of y0br leadePs, regarding ethics. The public had very few questions on ethics, and nothing [hat anybody could, and I'll be very happy to quote a tape for anybody that wants to hear them, nothing that would lead to develop of an Ethics Code. The people were there that night to hear what were the ethical charges, and you came out with a statement that night, which said, there are blatant conflict of interest in Southold Town, so keep up the McCarthyistic attitude, Tom, everybody is on to it. Thank you. 2 JULY 2?, 1993 SUPERVISOR HARRIS: I'd also just like to comment on Councilman Wickham's continuing to try to run a campaign at taxpayers' expense. I think, Tom, it's time for you to run the campaicjn on your time, and not on taxpayers' time. You use this forum time and time again to try to garnish some press time for your own endeavors, and I think that you should use your endeavors more wisely towards working towards the benefit of the people of the town with many issues that you -- have before you, instead of trying to create issues, "and use this forum to continue your Goal. I think it's absolutely disgraceful that this Town Board can not run, and do Town business, that it continues to have injected political campaign, and ! notice that every meeting there's another white paper, anothe_r sta,~ement about what you're doing, and what your party is doing., or affiliations, what you're doing. This is not the place for that. You have a place for it. Use your time. You capture the press. You pay for the space. Don't use the taxpayer's time. It's pretty evident to the people that are here, and to watch on television what has been continuing since February of ~.993. I would just like to move off of that for a minute, and address an issue that I think is very important. I'd like to take this opportunity to comment oil some recent events, that occurred in our town, more particularly over the past month. There ha;'e been certain activities of which have been changing the character and spirit of our town. What I'm referring to' is the recent labor dispute at the Eastern Long Island Hospital. Strikes-are never pleasant events for anyone, but one effects the cjeneral health, safety, and wellbeing of our community, responsible and caring officials should act, not align themselves with either side, but attempt to bring the parties to an understanding, and a resolve of their differences. We all know that the health care industry-has had it's share of problems, so too have the workers. Yet their differences must, and should yield the needs of our community at large for comprehensive, professional quality, full service medical treatment at our hospital. Eastern Long Island is a neccessary component for our Shelter Island Town, and certainly for our own Southold, and of course, we can't forget the Village of Greenport.~zhere the hospital is located. As a significant employer, but more importantly, as providing needed medical care for it's citizens and visitors, those who participated in this strike -- on the line should be commended for remaining within their constitutional rights. Reports from attending Police, and those who have helped from various departments of the law enforcement showed cooperation on all fronts with few deviations. These are tough economic times. As you know, I,together with Mayor Clark from Green- port Village, and Supervisor Sherman from Shelter Island worked to attempt to bring parties back to the table, when negotiations broke down. I'm pleased, and encouraged to acknowledge that citizens setting aside their own personal feelings have through long and grueling hours in many negotiations, and through personel and financial sacrafice reached an accord, that all can live with, and enable Eastern Long Island 'Hospital to continue to provide quality medical care for all of us. I am pleased to si . that in the oldest town on LonG Island democracy in it's finest form still exist.· Let us now PUt aside whatev~r'differenCes, and difficulties the strike has created, and return tO the healing, and the quality of life, that we all deserve and love. m Gad the strike has ended, and I hope that everybody jn this 'cqrnmunity helps'in this healing process for it Will not be something that will happer~ overnic~t.' W!th that, I' entertain a motion to adjourn. Moved by Councilman Wickham, seconded by Justice EdWards, it was RESOLVED that the Town Baord meeting be and 'hereby is adjourned at 8:25 P.M. Vote of the .T. own Board: 'Ayes: Council;wOman Hussie, Councilman Wickham, Councilman Penny, Justice E~lward~, SupervisOr: Harris. This resolution.was declared duly ADOPTED. Southold Town Clerk