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HomeMy WebLinkAboutTB-04/21/2015ELIZABETH A. NEVILLE �gpFFO(f TOWN CLERK �oo� 000y Robert Ghosio Q REGISTRAR OF VITAL STATISTICS o '* y�ipl MARRIAGE OFFICER �yo� RECORDS MANAGEMENT OFFICER William P Ruland FREEDOM OF INFORMATION OFFICER Councilman OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING April 21, 2015 7:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax(631)765-6145 Telephone: (631) 765 - 1800 southoldtown.n orthfork.net A Regular Meeting of the Southold Town Board was held Tuesday, April 21, 2015 at the Meeting Hall, Southold, NY. Call to Order 7:30 PM Meeting called to order on April 21, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Or ankration Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dimzio Jr Town of Southold Councilman _...._ .. Present ......_ M _ William P Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold i Justice Present Scott A Russell Town of SoutholdSupervisor Present Elizabeth A Neville .....__.._ - l ;Town of Southold Town Clerk Present s... William M Duffy Town of Southold Town Attorney:Present I. Reports 1. Land Tracking Report 2. Recreation Dept Monthly Report 3. Trustees Monthly Report 4. Town Clerk Monthly Report 5. Program for the Disabled Monthly Report 6. Special Projects Coordinator - Monthly Report 7. Building Department Monthly Report 8. Judge Price Monthly Report Southold Town Board Regular Meeting April 21, 2015 9. Judge Evans Monthly Report 10. Planning Board Monthly Report II. Public Noties III. Communications IV. Discussion 1. 9:00 Am - Historic Preservation Commission 2. 9:15 Am - Jim McMahon & John Sepenoski 3. 9:30 Am - Youth Advisory Council 4. 9:50 Am - Arthur Leudesdorf 5. Committee Interviews/ Recommended Appointment 6. Liaisions for Joint Village/Town Conferences 7. Peddlers Permits 8. Change of Zone Request 9. PENTA 10. LL/Short Term Rentals 11. Part Time Code Enforcement page 2 12. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:53AM for the purpose of discussing the following matters: Labor - Matters Involving Employment of Particular Person/S 11:00 am - Jim Bunchuck Litigation -Sanford & Elizabeth Friemann v. Southold Town Zoning Board of Appeals Jonathan Perry, et al. v. Southold Town Trustees, et al. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES:. Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 13. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person/S [Type text] Southold Town Board Regular Meeting page 3 April 21, 2015 14. EXECUTIVE SESSION - Litigation 15. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:51PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice , SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 16. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board AT 1:51pm. until the Regular 7`30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, 'Evans, Russell Pledge to the Flat Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I am going to invite anybody that would like to come up and speak on any of the agenda items to please feel free? We will go to the open mic session after but you are welcome now if you want to speak on any of the agenda items. Okay. We will be here all night, so don't worry about it. Anne Murray, East Marion ANNE MURRAY: I am Anne Murray from East Marion. As I said, I haven't had time to read this when I was here this morning and I heard your discussion about this and I am kind of disappointed because we have been talking about it, Scott, you came to East Marion last September and we spoke to you about the problem with short term rentals even then and it's [Type text] Southold Town Board Regular Meeting page 4 April 21, 2015 taken from then until now for the Town Board to actually put something out there and I think people are really anxious about what's going to happen this summer and you have noticed this for a public hearing a month from now. it's not going to be enough time to do anything for this summer, so I'm kind of disappointed in that because we have a place in East Marion that's advertising venues welcome and it's a big house, so I hear venue and I think Vineyard 48. So I. just want you all to know, I think you really need to hear from people and listen to the public hearing because I think the summer is going to be a watershed moment for this kind of stuff on the North Fork. Thank you. , SUPERVISOR RUSSELL: I understand your concern, we understand it. It did take some time, we were trying to be deliberative and thoughtful about it, we are also trying to recognize that there's a history out here of rentals, so we were trying to balance both issues. I understand it might be frustrating'but the end is in sight with the anticipated adoption of the law. Also, in the meantime, we do have other tools that are at our disposal, rowdy houses, we do have.... MS. MURRAY: Code enforcement? SUPERVISOR RUSSELL: A noise ordinance and things like that. MS. MURRAY: Right. SUPERVISOR RUSSELL: We can bring some code to bear on anybody that's a bad actor. It might be disappointing some people but we are trying to be as fair as we can. MS. MURRAY: I just think you really need to realize that you know, in East Marion I have neighbors that rent their homes every summer for a week, two weeks to make their mortgage. I have no problem with that, they screen their renters. It's the Airbnb thing that I am really concerned about, as are a lot of other people. And the world has really changed. It's a transient world, it's an online world and you can do things really quick and really fast with nobody knowing online. And Southold has to catch up with this world because if we don't, it's going to rush right on top of us. SUPERVISOR RUSSELL: What, when we have the public hearing, on the 5t' of June I believe it is, there's a grandfathering provision in there. I would urge you all to come out and speak against a ,grandfathering provision. We have every right to make a law effective upon date of passage and then notification of the Department of State. We put a grandfathering provision in there to try to get people to move away from that business model. But all of those would be good points to raise at a public hearing. MS. MURRAY: right. And also, code enforcement came out this morning, I think Ms. Evans brought up that it's an important point and I think you have to consider that as well. It is going to mean nothing without any code enforcement. SUPERVISOR RUSSELL: We had actually built into the code what we call presumption. In other words, the way the code is drafted, we literally have the right to review those websites and [Type text] Southold Town Board Regular Meeting page 5 April 21, 2015 presume them to be violating the code. So we have put quite a bit of thought into that, it gives us an opportunity to be proactive rather than simply go out and do some case building which would require a great deal of time and resources and we did also discuss today adding to our code enforcement personnel. MS. MURRAY: Okay, and make the fines as expensive as possible because I think a lot of people will just see it as the cost of doing business, so the town might as well get some revenue from that. Thank you. Deborah O'Kane, Orient DEBORAH O'KANE: While we are on the subject, good evening, my name is Deborah O'Kane and I am from. Orient and I would like to just share a little experience that I had or quite a bit of experience that I had with this situation last summer. My family experienced short-term rentals next door to us which I am sure anyone here would find more than difficult. I live in a neighborhood with properties of half acre or less. In other words; houses are pretty close to each other. My next door neighbors chose to rent out their house and even those we didn't have a means for tracking, to the best of my knowledge, there was a different group of people renting every single week last summer. Late night back -yard parties accompanied by loud music went on constantly. Guys frequently jumped a fence into our yard to retrieve a ball or a Frisbee at all hours, both day and night. One evening around 11 PM as I was sitting with my daughter in her bedroom, we heard a group of men laughing right outside of her bedroom window. As soon as I went outside to ask what they were doing, they ran* back next door. Cars were constantly clogging up our street. To add insult to injury, sometimes our front lawn became an additional parking area for the renter's guests. A neighbor across the street from us counted 50 people visiting a weekly renter one Saturday afternoon. Another weekend, that same neighbor was prevented from removing his boat from his driveway because he couldn't get around all the cars blocking the street from the parry the renters were having. Last summer we refrained from making an issue of this because we didn't want to make a strange relationship with others in our neighborhood. This year we will not refrain from making phone calls to the police when our quality of life is disrupted. Our summer was pretty much ruined with what went on next door to us over the course of 12 weeks last year. I understand that the Town Board is considering a minimum of one week for vacation rentals in a residential neighborhood. A minimum would certainly not ameliorate the situation we faced last year. I believe there should be restrictions on how often a residential home can be available for rent, perhaps twice over a period of six months. And I personally would like to see at least a two week minimum. Permits should be required and limited to a certain number throughout Southold. Town. An annual fee should be charged to support code enforcement and owners of residential homes should pay the same hospitality and occupancy taxes that other establishments pay when they are providing accommodations to the public. Parking should be restricted so that others in the neighborhood can easily move up and down their own streets. Subletting should be prohibited and neighbor notification to adjacent residents when a home is being rented should absolutely be required. It is important to recognize that this is both an economic and quality of life issue and I agree with Anne that I understand that some people do need to rent but I don't believe that taxpaying, voting, registered homeowners should have to feel as though they were living next to a motel. And I do believe that property values may take a hit if neighborhoods become strewn with properties that are being rented by the week for every week during the summer. This is not so [Type text] i Southold Town Board Regular Meeting ; page 6 April 21, 2015 far-fetched. Our neighbors on the opposite side are considering doing the same this summer after witnessing how easy it is to make great money. Regulations need to be crafted with great care and consideration for all and I thank you very much for considering this this evening. Thank you. SUPERVISOR RUSSELL: I would just also remind people, we are getting ready to notice the hearing tonight but we will have a public hearing on June 5t'. The text is out there now for the next 30 days to comment on and all of those issues -are valid issues and I would strongly urge you to come to the public hearing. Abigail Fields ABIGAIL FIELDS: Hi, thanks. First I would just like to express my sympathy for that nightmare you lived last year, that's an obvious situation that nobody should have to endure and I think it partially reflects the town's difficulty, I found that a very striking story and I think it gets to the issue of code enforcement generally because as Supervisor Russell mentioned early on, you already have rules that can be enforced against nuisance homes. And as I have told this Board before, I represent a variety of homeowners who have second homes that live, they will be coming to the public hearing, they live in these homes part of the year and they hope to retire into them. And like Anne's neighbor, they aggressively screen their tenants because these are homes that they use and that they intend to live in. and they very much are concerned actually, that you might do a 14 minimum because they feel they will lose control over their renting in the following way: when they go through their extensive screening of their potential tenants and they get drivers licenses and they interview them and they take large security deposits and whatnot, they feel like they are dealing with a person. But at a two week rental which very few people anymore can afford to take all in one chunk, what their nightmare is, is that somebody will represent to them that they are renting to them for two weeks and then sublet and they won't know and instead of having their aggressive screening protect their neighbors and their home, what they will discover is that they have been duped and this makes them feel very vulnerable. They are interested in being good actors. One of my clients wrote me a long letter and I think she sent the Town Board a copy, is how she goes to the chicken dinners and the community events. because they love this community. Their house is near wetlands and the like and they take very great pride being stewards of the land and really being protective. And they are very afraid that if they are unable to really have confidence in their ability to manage this, that this will become deeply problematic for them as well ,and they will have to sell. I mean, they cannot afford these homes otherwise but they are investing in the community and they want to be here. They are trying to be good citizens. On to her point about a permit, a rental permit process. My homeowners support it. They are happy to get inspected, they are happy to get certified, they are happy to pay a permit fee, they are happy to pay a permit fee that's equivalent to the hotel and occupancy tax. There is a perception that simply because the internet has facilitated renting that the people who are the landlords doing the renting don't care, don't screen and just flip it and are trying to extract cash on the backs of their neighbors. There may well be a slice that does that and that's why you need to crack down and enforce your codes. Existing codes about light and noise and parking and the rest and why you could do a permit process and the like. We are very appreciative that at the moment you have started at 7 days. We would encourage you to consider allowing a 3 day in one 7 day period, so the turnover is no greater; you have no.... [Type text] Southold Town Board Regular Meeting page 7 April 21, 2015 SUPERVISOR RUSSELL: Everybody is going to have a right to speak. MS. FIELDS: And nobody has to agree with me but this is our position. We would encourage you to consider a 3 day rental in a 7 day period which does not change the turnover in the house nor does it change the screening of the landlords. So, and you know, the permit process concept that we are willing to support, you can limit the number of permits, right? Again, we represent people who want to be good neighbors in the community and so we encourage you to try to avoid stereotyping all of the people who do this as heartless, rude people who just want to, you know, extract cash on the back of the community and don't care. That is not who all these people are, in fact, it is not who the majority of these people are. As she noted, a neighbor she never had, a problem with is thinking about doing this because this is actually, it's tough economic times, it is a reasonable way to go about it if you are a responsible homeowner. So at the public hearing you will get to meet a bunch of these people, I very much appreciate that you put this out to notice and you are being thoughtful and deliberative and we appreciate that you are putting out a take effect date that gives people a chance to get their affairs in order because they have been renting, right, I mean, that's how this happens. So there are already bookings. So thank you very much for recognizing this broader situation, recognizing that week long rentals are not new in Southold Town and trying to thoughtfully get it right. SUPERVISOR RUSSELL: I will say that there are probably two key issues that are going to be the focus of most discussion of the public hearing, that would be what's the threshold minimum? Seven days, we had been discussing 14 days. I have to be honest, I was a 14 night person, we get the emails, well, before you clap you are going to start throwing things at me, the reason the 7 nights and my concern was we were fixing a problem without fixing the problem, the 7 nights there was a rational basis for that because the IRS views rentals under 7 nights as businesses. Over 7 nights is passive income. So we thought was a defendable basis. The grandfathering provisions we had just talked about today. I think the Town Board views grandfathering as maybe being fair but how long the grandfathering period should take place. Those would probably be the issues that I think most of you, that you will be focusing on at the public hearing. But certainly this Town Board is trying to take in all the input it can before it ultimately adopts the law. Scott Vayer, Sound Rd.,Greenport SCOTT VAYER: Supervisor Russell and Town Board, my name is Scott Vayer and I live on Sound Road. I live right by 67 steps beach. I think the microphone doesn't work too well. SUPERVISOR RUSSELL: We hear you. MR. VAYER: In any event, there are a lot of issues that come up on Sound Road, particularly by the beach. I have problems with parking, people who don't have Southold Town permits park on my lawn, up on the tree belt, they run over bushes, they block the fire hydrant, I have called the police many times. They say it's their discretion whether to enforce or not enforce even if people don't have stickers. There are other things, I have noticed that there are commercial crews, primarily made up of immigrants who are brought down to the beach to go out in fishing boats, do commercial fishing and then are collected and supervised throughout the day by a guy who drives by in a black car limousine. All kinds of problems. But you know, the problem that [Type text] Southold Town Board Regular Meeting April 21, 2015 page 8 has brought me to speak here is about short term rentals and I don't have anybody renting short term next to me. I do have neighbors who have problems but the reason that I think short term rentals is more important than all these other issues is that short term rentals have the potential to ravage our community more than any of these other issues. The problem that you, there are many different problems that you have. I will start with one that really is affecting and you won't find too many people from the community affected coming here to speak and those are the people who don't have a lot of money in our community. When we first came to the community, we found that there were some folks in the community who didn't have a lot of money who helped us to get settled, helped to work around the house, helped us move things, helped us get air -conditioners into the windows when I would hurt back if I did it, did all kinds of things and then we noticed that these same people had lots of jobs all around the town. Working in the restaurants, doing odd jobs, you know, one week they were in one restaurant, another month they were in another restaurant and as we came to know some of these very nice people we learned they didn't really have a lot of income. They had generations of life in these towns, in Greenport, in Southold. Parents, grandparents, they were related to everybody you could imagine in town but they just didn't have a lot of money. Nowadays, some of these very people, who are such hard-working people with kids in the schools, they have been telling us they have to leave because they can't afford to rent another house. They don't own their houses. They can't. And nor do the people who I know in their peer group, who I have even less contact with but they also don't own their houses and they can't afford to anymore, they can't afford to rent because they are being forced out. There isn't adequate housing for these people. They tell me they are going to go to Maine. They aren't going to Florida, they are going to Maine. And they are going to try to find work and housing. Short term rentals are part of the problem. It is new but they are part of the problem. We have a gentrifying system and we haven't addressed the need for housing for our long-term population here. But as bad that is, we now add to that this short term rental problem which is taking all available modest homes off the market because you have developers picking them up and turning them into little cash factories. Now the problem with the 7 days as an issue, you know, nobody, everybody believes that a home is a man or a woman's castle and they should be able to, you know, we have a strong view out here that you should be able to do what you want to do with your real estate. That's the way it is, that's the way we want it. on the other hand, unrestrained, that doctrine is going to end up putting us in the position where nobody is going to enjoy their real estate. Seven days, or three days as the person who spoke before me who represents renters, people who are doing this business, they see it as a three day issue because really, all that counts is the weekend. That's whose coming out to do parties, people who want the weekends whether it is for a wedding and I am not saying, you know, I spent many years as a renter down in the south fork, many years ago and I saw that that community eventually evolved to a point where many of the renters ended up buying in the community and you saw an escalation in prices on the south fork but you also saw a tremendous congestion and a change in the way of life. We moved up to the north fork because we didn't want the south fork anymore. Now, when you allow a statute to come into force that talks about seven days, not even 11 days, seven days, not two weeks necessarily but you have got to capture two weekends otherwise you have people who can barely afford the weekend and that's who's coming out to rent, these are not people who are going to go spend money in our stores, they are not coming out here to shop for clothing, they are not coming out here to go to restaurants, they are using the kitchen, they are throwing a party. They may be going to vineyards but I hear [Type text] Southold Town Board Regular Meeting page 9 April 21, 2015 vineyards don't care very much about their business because the vineyards have organized tours already that are more than adequate and local people go to vineyards anyway. The people who are renting, they may spend a little bit of money but there has been no study done and there is no data on this. What we do know is they are causing some problems. They are taking housing stock or the developers who are doing this are taking housing stock off the market that is then not attainable by people of modest means in the community. To the extent that that's not the problem, then you have got neighbors who are having tremendous difficulties. Now we have a nuisance law but it is very hard to get it enforced. I can't get the police to give tickets to people who are parking improperly. I am sure that getting a party stopped or a wedding stopped or some other more severe intervention is going to be very difficult. Seven days is your ordinance but who is going to police to make sure that there is seven days of occupancy? It is next to impossible. If the statute provided for 10 days or 11 days so it captured two weekends and you have the presumption built in, then your presumption device is very good and you can enforce it because you have the presumption and then you can go out and enforce against those who are renting for less than two weekends. But if you go with one weekend, you are simply opening it up to parties and I think there are many more points that could be made but I think those are a couple of the critical ones and I would urge you to reconsider the statute. I think with a little tweaking you can get there but I think this is almost unenforceable. SUPERVISOR RUSSELL: I would suggest that it would be no less enforceable than a 10 day. Because there are difficulties with enforcement every time you change the code. I would also, we also have to remember that Southold has a tradition and it has a history and there has been a very long history of one week rentals and they have been operating for years without incident. Now if the new business model makes us have to rethink that, that allowing that tradition to continue, I think this Board has made perfectly clear we are willing, if this doesn't work, we are willing to revisit the issue. But again, at the same time, the public hearing coming up next month, if 14 days is what you think, let's not talk days, let's talk nights because that's how this Board is viewing it. If that's, you know, what you think is important, then by all means express it at the public hearing. I am getting emails, really, a tremendous amount of emails both urging for 7 and urging for 14. MR. VAYER: Yeah, I do think 14 is the best but as long as you capture two weekends, it's possible. I do also, what I am arguing for tonight is not one way or the other on the law, I am asking for the Board to propose a law that could work. I mean, it's just like in a corporation what usually gets passed, the resolution that the stockholders usually accept is the one that the Board sponsored, not the one that gets cooked up by the dissident shareholders. So I am asking the Board, please, consider it further. You can always turn around on it next year if it doesn't work out, you know, when it's a 14 day statute as well. The point is, if you want the presumption to be operative, if you want to put teeth into the presumption, you need a presumption that means something. A presumption that a 7 day rental is, I mean, people will get, will make a 7 day rental and advertise it and its one weekend. You are not going to know that people aren't staying for the other four days. And the leasing is going to work on a 7 day basis, that's currently what it is essentially anyway with a weekend rental, so if you put two weekends in, you are not doing violence, you know, to the concept of somebody having a short term rental. And I also don't think there's a problem with grandfathering because if somebody had a long [Type text] Southold Town Board Regular Meeting page 10 April 21, 2015 term rental, I mean a one week rental for the past three years and this is something that has gone on year in and year out with no incident, that can be grandfathered, I don't have a problem with that. The problem is the new internet based marketing that is going on and the crowd that's bringing in. And if we, it is always harder to put the genie back into the bottle. It is a lot easier to keep the cork on and open the cork a little bit. And we can always open it wider later. Thank you. Salim Ketsch, Orient SALIM KETSCH: My name is Salim Ketsch. I am one year in Orient. Paid a lot of money for my house and the cork isn't in the bottle. It's not a question of releasing the cork a little bit, the cork's not there. I mean, it wasn't there when I bought my home and if my rights are going to be restricted and people who have lived there for generations rights are going to be restricted, I don't know the answer to this problem because I hear a lot of complaints but I don't know how many complaints. I really don't know if there is any empirical data that somebody would say, hey, this is real evidence. This is something that objective people that have no stake in this matter would accept as a basis for restricting people's property rights. This is really serious stuff and you know, anecdotes are, people get very emotional. I had a neighbor this past summer, I wasn't about to make a stink, I am a brand new resident but they had people every week, they have a pool, the kids made noise, the laughed, they partied. So did we. I am just putting in a pool and I intend to put it heavily and I intend to party and I don't know to what extent these people are allegedly making this, you know, these nuisances are any different or how different are they from us? You know, everybody drinks on the weekends, everyone parks at neighbors houses and most important to me, is to understand to me is why the existing codes on noise, on parking, on beach violations, on all these law violations go unchallenged. And now we are going to put another layer of restriction. You know, a government bureaucracy with permits and monitors and you know, I read in the paper, the sheet that went around, it's a real bureaucracy all about short term rentals and was it Mondale who said it or someone said it to Mondale, where's the beef? If somebody can prove that this is a problem and you have got a survey and people, not just a handful but a percentage of the population that is truly concerned about this; as it would be in a referendum where you have a study that has been presented, is there a study? I don't know if there is a study. SUPERVISOR RUSSELL: Let me just speak to the issue, the Town Board doesn't legislate just on statistics. If we did, you don't need us sitting here, you could get a couple of accountants to draft code. I would also caution that public will is important but if we really can't start legislating just on majority will. If we did, I think you would overwhelmingly find a community that supports a ferry out not to far from where you live and they are certainly entitled to their opinion but we need to value your voice as well because you live with those impacts every day. So that's the balancing act we have, we can't really start making decisions based solely on you know, well, the vote was 55 % for -45 %. The people might be in the minority but their voices have to be just as important as the majority. MR. KETSCH: Absolutely. But I would like to know before my rights are impinged, is this 5 %, 2 % of the population that's making these complaints? Where is the beef? And you know, I might be in favor of this, I don't.... [Type text] Southold Town Board Regular Meeting page 11 April 21, 2015 SUPERVISOR RUSSELL: Go shopping with me at King Kullen one weekend, you'll see the amount of public concern over the issue. MR. KETSCH: But that's not evidence. That's my whole point. That's my whole point, is you can't legislate like that. You know, a court will, you are going to make yourself a big headache. This isn't going to be sustained if that's the kind of evidence that the Town Board is going to base this on. It just won't.... SUPERVISOR RUSSELL: Our requirement is to have a public hearing and then base our decision on the public hearing which will take place June 5t'. MR. KETSCH: Well, do you have a record to present to the public... SUPERVISOR RUSSELL: We have the local law that's proposed in this agenda and it will be on the website and it will be advertised in the Suffolk Times. MR. KETSCH: Do you have evidence to take into account to understand if this is necessary or not? COUNCILMAN DINIZIO: May I comment? I have been working with the code for 30 years, okay, I was on the Zoning Board before I was here and it is my intention and I firmly believe that I am right; that two day and three day rentals have already been outlawed in Southold Town according to our code. And I am confident that if we were to go to court, if we were to challenge a decision made by the building inspector, we would win. Okay? Two day rentals, three day rentals, transients okay, are addressed in our code, okay, and they are allowed in our code in certain zones. Those zones do not include any residential zones. Which is what we are talking about here, so there's our proof, there's our beef beyond that, okay? MR. KETSCH: If you have got it in the code... COUNCILMAN DINIZIO: So anything, we are doing right now, okay, all we are doing in my opinion from what we are suggesting is just affirming that two day transient rentals are not allowed in Southold Town. MR. KETSCH: Well, you know, I ... COUNCILMAN DINIZIO: Well, you wanted the beef. If you read our code, you will see it is very clear that we have already addressed this. MR. KETSCH: That is a fait accompli if you are right. COUNCILMAN DINIZIO: It is. MR. KETSCH: That's done, it's in the books, so it is what it is. So are prohibitions on noise and parking.... [Type text] Southold Town Board Regular Meeting page 12 April 21, 2015 COUNCILMAN DINIZIO: Couldn't agree with you more. MR. KETSCH: Why aren't those being enforced? How do we know that we really have a problem.... COUNCILMAN DINIZIO: Because that's not the issue right now. MR. KETSCH: Until the laws on the books are properly enforced? COUNCILMAN DINIZIO: I couldn't agree with you more, that's what we are trying to do right here, right now. Enforce that code. MR. KETSCH: Thank you for hearing me out. Benja Schwartz BENJAMIN SCHWARTZ: Benjamin Schwartz, Cutchogue. A pleasure to be here this evening. How are you all doing? I am here to speak to you, the Town Board but also to speak to the town because the Town Board meeting is open to the public. I think we have had some excellent input from the public already and I also appreciate very much Councilman Dinizio's points. Legislation is not a scientific process, we don't need evidence. We have a lot of experience. Sometimes I think I have too much experience and I should just move out of town, I am just joking. I am not a very funny, I am not as good as you are. SUPERVISOR RUSSELL: I was going to say, darn, but I am just joking, Benja. MR. SCHWARTZ: But you know, one thing, Scott, please don't follow the lead of the IRS. Their idea of, well, anyway, we are here tonight on the agenda to set a public hearing on a law. I think some of the earlier comments were apropos and I don't know if it is legal to incorporate those comments into the public hearing. If that is not done, then I suggest that the people who made those comments go and take them from the transcript that Betty prepares and enter them again into the public hearing because this is a very important law that we are considering and the gentleman that spoke about the way it would change the social fabric of our community I think is, touched on some of the reasons I would like to express my two cents here.. I don't know what the monetary value of what these rentals is, maybe 4 or 5 million dollars a year. People are saying that you can't prohibit them but I agree with Councilman Dinizio, that they are already illegal. However, since that law hasn't been enforced and we might not have the means to enforce it, the practice is, is that people have been allowed to rent their properties. But now we are considering a law, so instead of a law to restrict rentals, I think what we are really considering is a law to legalize and allow rentals. Now, a law is not going to enforce itself, it is not going to change the way that people operate or what people think by itself and I think this law and this subject, this issue of short term rentals, part of the legislative process, certainly part of the legislative process agreeing on a specific language of the law should be very specific and as far as it is going to be enforced, it needs to be command and control and directly on point. But another part of the legislative process is consideration of all the social, economic and environmental impacts and the sustainability and the nature of our community. I have been reading a book about the end of the Hampton's and it talks about the north fork.too, the entire [Type text] Southold Town Board Regular Meeting April 21, 2015 page 13 east end. Well, I for one don't believe that the east end is ended, is finished. I think we have a very wonderful place to live, that's why I came here 50 years ago and decided I would stay here and I am not planning to leave. But I am planning to do what I can to promote and protect a local community that doesn't allow people to come in and whether it is just to make noise or whatever or whether it is a short-term rental or it's a purchase of a vacation home that people from the city or Nassau County come out here and then they have their family that comes out here and their friends that come out here and like it or not, they have a right to buy those houses and to be a part of our community. The fact that our laws zoned our neighborhoods for residential use which is normally considered to be a year round use, I think Southold has a long tradition of seasonal and vacational use, so that all needs to be recognized in this. I would caution against waiting too long or acting too fast. You know, certainly you need to do the right thing but there will not be a chance to do it again. If you create one law now and a year from now you have to change it, then you know... COUNCILMAN DINIZIO: Benja, can I just say something? The law that we are suggesting now, this may just be my opinion, really is not a law to outlaw anything that isn't already outlawed and you know, if you look at the code, you will see that it is the short term 2 or 3 day rentals that have been addressed in our code that are allowed in certain zones, not residential, and that the code does not speak to 7 day and beyond rentals. So this is the reason why I went from asking for 30 days down to 7. Now, in my opinion, the next step you take after you have this because all this code will really do is help us to enforce what is already illegal. In other words, we have this presumption that we can go on the internet, we can monitor these people and believe me, a lot of that is going to tamp some of that down, some of the abusive stuff down. I am sure of that. Okay? I know it's not going to be everybody is going to be happy, I am not happy, my neighbors you know, it will be three or four years before I finally got used to them. They are in the audience right now and I tell you, I am comfortable with them now and honestly, somebody living week after week, someone that's coming in week after week after week and it's a different person, it would just drive me insane, it would drive me crazy and it's not allowed in our code. So if you look at the code that way, all we are doing now, all we are talking about right now is enforcing, having a mechanism that allows us to address what is a new phenomenon but probably a, probably it's been done since time immemorial, I am sure. I know families that have bungalows that have rented them out for weekends... MR. SCHWARTZ: For example, we have been here for a long time but what is happening right now is something new and different and we are talking about having rental permits etc. maybe part of that would be to put those permits and those on a website and make it available to the public. There are a lot of different websites out there. Airbnb, flip key .com is one of the biggest but the flipkey.com company owns another 25 at least 50 big websites and each one has a different way of operating and maybe Southold Town needs a website that is devoted to this issue and maybe they could help the people rent the houses and also screen the tenants... COUNCILMAN DINIZIO: I am not getting into the rental business. [Type text] Southold Town Board Regular Meeting page 14 April 21, 2015 SUPERVISOR RUSSELL: And also, please let me repeat again, the public hearing will be June 5th, so all of this, to be part of the public record, really needs to come back on the 5th of June. But we are certainly willing to listen tonight. June 2°d. I keep saying the 5th, excuse me. MR. SCHWARTZ: That's the public hearing on this specific law. But the issue of our community and how we relate to people who come here for a short time and all, that is something which it is not just something about this law and we need people to come to the Town Board meetings and to continue to participate in that and I know the Town Board is working new ways to enable people to participate in the local government process which local government is no longer only involving locals now. The people from western and other areas and you know, we live in a very desirable part of the world. SUPERVISOR RUSSELL: I was actually just reinforcing what you had said earlier, to make sure it is part of the public record at the public hearing. Diane Ravich DIANE RAVITCH: Good evening, ladies and gentlemen of the Board. My name is Diane Ravitch, I am a professional writer and my partner and I moved to Southold in 1999. We came here and we rented in 1999 for one month, we got our house that we rented through a real estate agent and within two weeks we found a house in Southold and bought it and have been here ever since and we are now permanent residents of Southold. When 1, 1 am 76 years old, when I had my 70th birthday my seven brothers and sisters came from all parts of the United States, they were going to be here for three days and they stayed at Bartlett House. A bed and breakfast. They paid the local people to stay in a registered place. What we loved about the community that we bought into is that it is a community. It has community association, we don't have a town road, we pay to take care of our road and we are neighbors. And about a year ago, one of the houses on the road sold to someone new and we were ready to welcome them as a neighbor but it turned out they were not a neighbor, they bought the house strictly to use as short-term rentals. And every weekend last summer they had a different person or group of people and sometimes large groups of people from all over the country living in that house. Since they walk through our right-of-way to go to the beach, as I said I am 76, my partner is 66, we felt that our safety and our privacy were continually invaded by people that we had never seen before. We know that everyone has the right-of-way, we are friends with all the people who come through our property but we had a series of people who we felt, well, of course, they were strangers and we never knew who was coming next. So this was a concern for us. We feel that this short-term rental thing has changed the nature of our community. We would not like to see it repeated. Some of these people build fires on the beach, they don't adhere to the regulations of the town because they don't know what the regulations are. We have called the police a few times on them but that's not the way we want to live. We came to Southold because it had a certain quality of life, of neighborliness, of community. And people, knowing who is next door, that we wanted to maintain. We feel with the proliferation of this Airbnb rental or vacation by owner rentals, it will diminish our property values and it will also impose a threat to our quality of life. I personally and this has not been the discussion, I personally think there should be a minimum of a one month rental because it would stabilize the neighborhood. We would get to know the people who were renting in our community and we would know that they had gone through a real estate agent and had had some kind of background check as to who they are. I think that's [Type text] Southold Town Board Regular Meeting page 15 April 21, 2015 what a community does to protect itself from people who are just coming in for a week or three days because in our case, even though that statute might be on the books, the people who are doing it don't seem to know about it. So I thank you for your time and I am sure that you will come up with a judgment that protects what is most precious about Southold Town which is quality of life. Thank you. SUPERVISOR RUSSELL: Thank you. Sir, before you go, I think she had been waiting. Carolyn Greer CAROLYN GREER: Good evening. my name is Carolyn Greer, I live on Sound Road in Greenport and I had some notes which I don't really need because I listened to so much this evening but I do think there's a couple of things that I would like to say and I understand the hearing on June 2nd and what you are doing there. So now I am going to cut to the chase and speak to the time as you consider it. And you know, whether somebody wants two weekends or 14 days, 10 days or whatever, I would like to look at the bigger picture and the definition between residential and commercial. When I looked at buying a home, my husband and I, we were shown homes on Main Street in Greenport, very nice homes. We were shown something on Front Street, a really beautiful home and we made a decision, we wanted to be in a residential neighborhood because there would be traffic, there would be people coming and going that we didn't know, all of that. And now, what we have got are pop-up commercial districts with these homes that have become little hot sheet houses. You know, people come in for a few days at a time. So I think the question I am asking you to consider and your challenge is how are you defining residential? If we live in a residential area, residents live there. If you go on to BRBO, Airbnb, all of these sites and you look at the calendar of the year and you see more X's on the dates that are rented then the number of dates a resident can live there themselves, then you have to say, that's a house not a home. They are not in residence as often as they are selling it. So while you are looking at seven days or 10 days or a month, all of which is important and I personally would love to see 10 days, two weeks or a month, I think it's really important to look at the number of days across the calendar year, so that there is a definition that there is a resident in that home. That somebody is living there and you know, you want to invite your kids, I have 13 brothers and sisters. If we all come from all around the country, it is going to be a party and that is fine because it happens occasionally and my neighbors, I will say to them hey, I have got people coming. They come and say this to me. So what I am urging you to look at is how many days across the calendar year, can there be a limit to that? Can we say, it is a motel if it is more days rented than it is a day that a resident lives in it? that's really important to me and I guess the only other thing I would say is, I spent 10 years as the director of tourism for Brooklyn, it's a pretty big city so I know quite a bit about attracting tourists and homestays, in a portfolio that has bed and breakfast, hotels, motels and campgrounds all of which are regulated and taxes, homestays are what is called an authentic tourist experience. People want that, so let's have that too. I am totally for that but let's spread it around and let's not have it all the time on one block in a residential neighborhood. Thank you. COUNCILMAN GHOSIO: You know, I am happy to see that so many folks from my own neighborhood have come because frankly I didn't know there was so much support from my own neighborhood for some changes here. In fact, in all transparency, it was Diane and Mary who had brought the issue to my attention. And I have to say that the last two people who spoke, [Type text] Southold Town Board Regular Meeting page 16 April 21, 2015 Diane and my neighbor here have brought to bear what I have always believed all along. When you buy your home and you are buying in a residential neighborhood, you have a reasonable expectation to be able to have and to live with the idea that you are going to have a reasonable residential experience and I think what's happened and some of the problems that have come up and I really do feel for the folks here who, you know, have somebody else every couple of days on their right-of-way and you know, it is a security issue for them. You know, they are not always, we are taught as kids to be aware of strangers and it is no different when you buy into a residential neighborhood and you buy your home, you really do, I believe, have that reasonable expectation to have a peaceful, secure existence in your home. And I think that what has happened is the change in the business model here with the short-term rentals has made is so we have lost some of that security or that feeling of neighbor, you know, knowing your neighbors and feeling secure in your own home and that's what's driving this for me. So I am glad to see so many people engaged in the conversation even before we get to the hearing because I am hoping that we have a good turnout for the hearing and we hear some more comments like this. That's all I had to say. Ted Hoyle TED HOYLE: Good evening, my name is Ted Hoyle and I live on the road that deals with the house that Diane was speaking about. I was really heartened to hear so many people speak out about this issue because it really is a serious issue. We live, I live on Anderson Road which is a private road so it's not controlled by the police and this house, the owner specifically bought it, they lied about it but they specifically bought it to advertise on Airbnb and VRBO. And last summer it was just one group after another. Noisy, they had no stake hold in the community whatsoever. Very disrespectful of other people's property rights, there were cars from all over the country, Tennessee, Massachusetts, Georgia, all over and the security issue which people have brought up is a very serious one, a lot of us that live over in the area that we live in, we are not in our 20's anymore, alas. We don't know who these people are. There is no accountability. If you go to a B & B or a motel or a hotel, there is somebody at a front desk. There is an owner at a B & B who is there, they, if things get out of hand they can control it. These short term rentals that are rented on Airbnb, the owners are, well, these particular owners are in Brooklyn and they don't know what their renters are doing and believe me, their renters are not angels. I mean, some are quieter than others but there is constant traffic on the road, certainly the issue of the right-of-way because I have use of the right-of-way and I know they don't respect the beach, they build fires as Diane pointed out and so it is really a serious issue that seems to have just blossomed like mushrooms in the last season. I guess it has been going on for a while but it is really coming to a head, so I do hope the Town Board really considers enforcing the current statutes or creating a statute that really will make the rest of us, who are stakeholders in this community, who pay taxes, who love this community, feel a little more secure and the idea of having these residential motels in our midst is really very disturbing I will have to tell you. Thank you. SUPERVISOR RUSSELL: The issue for us is, I think I can speak for the Board when I say, yeah, we need to stop short-term rentals. The issue for us is how do you define short-term? And that is what we have been struggling with for several weeks now. Also, I want to caution people to understand there might be an interpretation on the part of Councilman Dinizio that it's already in the code but that is subject to a legal interpretation. The purpose of this is to basically bring [Type text] Southold Town Board Regular Meeting April 21, 2015 page 17 clarity to what others view is already being included in the code. Sometimes the problem with code is that it's not as crystal clear as you would like it to be, so this legislation again, whether it is 7 days, 14 days, what have you, the idea here is to make it crystal clear so there is a clear understanding on everybody's part what we mean with regard to the code. MR. HOYLE: Well, I certainly hope the Board can come up with something that alleviates this problem because for those of us who are enduring it, it is not a picnic. Thank you. SUPERVISOR RUSSELL: Understood. Grace Griffin GRACE GRIFFIN: My name is Grace Griffin, I am a permanent resident of East Marion. And the, while renting has been historical in this town, I myself rented starting in the 1950's and on my block, 10 years ago no house was being rented, six of the 12 houses now rent. And so I think the issue that the two previous speakers have brought up, the amount of time a house can be rented, not just whether it is a two week, one week rental, how many times within a six month period needs to be addressed also because it definitely changes the quality of life. It is no longer a residential neighborhood. It is a business and you know, there are strangers in and out. So I wish that the Board would consider the density of rentals, not just an amount of time. Thank you. COUNCILMAN DINIZIO: I think that in the plan as I see it as it evolves and evolve too as I listen to people is you know, I not adamant about it being illegal in town, that's only my opinion, the next step is probably going to be some kind of rental law. And although I am currently opposed to that because it is just more laws and you know, a man's home is his castle and he should be able to do whatever he wants, I see that there certainly is a problem there and that is probably going to address your problem. then you are going to have, you know, you have got to get a permit, permits only going to be say you can get four permits a year or whatever it is going to be, you know, we will have to keep a log, we are going to have to hire more people to enforce it, I mean, that's where I see the next step going. But that's not what we are doing right now and you know, we'll have to have the same types of hearings and come up with the same types of ideas and bat them around and try to get what's fair which is what Scott always tries to do. Let's have the discussion and see where we can go but it looks to me like the next step is going to be some kind of rental law. Personally at this point in time I think that's unfortunate but it may be needed. SUPERVISOR RUSSELL: And just to clarify, the rental law is to address some larger issues, not just a rental law to address short-term rentals but we are talking about a general rental law for any property that is rented in a residential zone including year round rentals. There are other issues involved. COUNCILMAN DINIZIO: And certainly, Scott, it would limit the transient rentals, the two day ones, too. Because you know, it would all be part and parcel. You rent a house, you can only have (inaudible) permits. SUPERVISOR RUSSELL: Right. [Type text] Southold Town Board Regular Meeting April 21, 2015 Mary Butz page 18 MARY BUTZ: Good evening. I first want to thank you all for listening and being so very patient and I have seen very few frowns. And I am a principal and I know a good look when I see one, so therefore, this is a good looking group. I am not going to add anything further other than, anyone who is an administrative of a building who has adolescents and has to take care of children in New York City knows that an ounce of prevention is worth a pound of cure. This is your golden moment. This is your golden moment. God forbid there be more DUI's around here, God forbid there be a rape, God forbid a murder. I mean, I don't want to go there. It sounds ultra -dramatic but some of these people that have been walking around through our property, I was born and raised in Brooklyn, I wouldn't want to meet them there. I want to be clear about that. So this is a wonderful, wonderful opportunity and I wish you Godspeed and great wisdom and good luck. Supervisor Russell SUPERVISOR RUSSELL: If there is no other comment on this, I would like to get the agenda done and then we can go to the open session of the meeting. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesdav, April 07, 2015 ✓ Vote Record - Motion 0 Adopted _ .. - .... ..., I Yes/Aye No/Nay Abstain { Absent Robert Ghosio -- --- - --- -- - .__..- - —' - .......---- ---- -- ......................_.._t.._.. -0 -- Robert Ghosio Seconder 0 ❑ ❑ ❑ Accepted James D_in_izio Jr I Voter (_ 0 ❑ ❑ i0 ❑ ❑ Accepted as Amended _ William P. Ruland Voter 1 ; Voter ..........................- - .—......_...-......- ❑ --- ❑ —... ---- I ❑ ❑ Tabled -- Jill Doherty Voter ----_......_..............._ Q❑ — ---_. ❑ ❑ Louisa P. Evans Mover i- 0 T _ ❑ ❑ ❑ Scott A. Russell Voter 0 ❑ I ❑ ❑ V. Resolutions 2015-346 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 21, 2015. ✓ Vote Record - Resolution RES -2015-346 0 Adopted _ .. - .... ..., Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder 0 ❑ ❑ 11 ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑Tabled ❑ Withdrawn William P. Ruland i Voter ❑ ❑ 0 ❑ El Supervisor's Appt Jill Doherty ; Voter 0 ❑ ❑ ❑ [Type text] Southold Town Board Regular Meeting April 21, 2015 page 19 ❑ Tax Receiver's Appt Louisa P. Evans Mover Q ❑ ❑ . ❑ ❑ Rescinded Scott A. Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2. Comments regarding resolution 346 COUNCILMAN RULAND: Mr. Supervisor, I am going to recuse myself from voting on the item that is identified by Twoomey, Latham and all as there is a conflict of interest between that firm and mvself. 2015-347 CATEGORY.- Set Meeting DEPARTMENT. Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday Mav 5.2015 at the Southold Town Hall. Southold. New York at 4:30 P. M. ✓ Vote Record - Resolution RES -2015-347 Q Adopted ❑ Adopted as Amended ❑ Defeated ....--...... -- --- - - - ---------.._...._.__.-- I ( -- Yes/Aye - —..-.. .._..... i No/Nay __._...__..........___.......... Abstain '; --- Absent ❑ Tabled Robert Ghosio ... i Seconder. ----....................... _:._ Q ... ............... ..... ----=--..-.._.-.... ❑ — ❑ t ❑ El Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisors Appt William P. Roland Voter Q ! ❑ ❑ El ❑Tax Receivers Appt Jill Doherty Voter Q ; ❑ i 0 El El Rescinded ❑ Town Clerk's Appt Louisa P. Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter j Q 1 ❑ ❑ jEl ❑ No Action ❑ Lost 2015-348 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Suffolk Bicycle Riders' Association (SBRA) Annual Bike - Boat - Bike Event Financial Impact: Police Department cost for Event = $81.10 [Type text] Southold Town Board Regular Meeting April 21, 2015 page 20 RESOLVED the Town Board of the Town of Southold hereby grants permission to the Suffolk Bicycle Riders' Association (SBRA) to use the following roads for their Annual Bike - Boat - Bike event on Sunday, June 7, 2015, beginning at 7:00 a.m., Main Road, New Suffolk Avenue, Grathwohl Road, Route 48, Cox Lane, Albertson Lane, Mill Road, Soundview Road, Soundview Road Ext., Lighthouse Road, Moores Lane, Albertson Lane, Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Oaklawn Avenue, Jockey Creek Drive, Ackerly Pond Lane, North Bayview Road, Main Bayview Road, Cedar Avenue, Cedar Beach Road, Bridge Lane, Oregon Road, Wickham Avenue, Westphalia Road, Sound Avenue, and Factory Avenue providing they adhere to the Southold Town policy on Special Events. Support is for this year only. ✓ Vote Record - Resolution RES -2015-348 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated i Voter "�-- I ' — Yes/Aye _--— No/Nay j Abstain Absent ❑ Tabled Robert Ghosio . ....................... j Voter ._.._ _. _.-. . ............ ; ❑ ....... ................--- ----- ❑ ..-------............ ❑ ❑ Withdrawn James Dinizio Jr Mover D ; ❑ ❑ ❑ ❑ Supervisors Appt William P. Ruland Voter j 0 0 ❑ 0 ❑ Tax Receiver's Appt Jill Doherty Seconder:, 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ _. ❑ ElSupt Hgwys Appt Scott A. Russel] ;Voter D 0 ❑ ❑ ❑ No Action ❑ Lost 2015-349 CATEGORY. • Close/Use Town Roads DEPARTMENT. • Town Clerk Southold American Legion Memorial Day Parade RESOLVED that the Town Board of the Town of Southold hereby grants permission to Griswold Terry Glover Post 803 Southold American Legion to line up along Boisseau Avenue and Hobart Road and march from Boisseau Avenue to Tuckers Lane along Route 25 for the Annual Southold Town Memorial Day Parade in Southold, New York on Monday, May 25, 2015, beginning at 10:00 AM provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓ Vote Record - Resolution RES -2015-349 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio i Voter 0 ❑ ❑ ❑ ❑ Defeated • James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P. Ruland Seconders 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 1 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ [Type text] Southold Town Board Regular Meeting April 21, 2015 page 21 ❑ Tax Receiver's Appt Scott A. Russell Voter 0 ' ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-350 CATEGORY.- Public Service DEPARTMENT.- Police Dept Police Department -Job Shadow Day RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following students from the listed local high schools to participate in a day of job shadowing at the Southold Town Police Department on Friday, April 17,2015: Mattituck High School Marcos Perivolaris Southold Hiah School James Scott Dominick Panetta Dylan VanGorden Yunis Ilgin Greenport Hiah School Tyler Kruszeski Michelle Palencia Maleik Yoskovich Rosemary Volinski ✓ Vote Record - Resolution RES -2015-350 0 Adopted -----._.._........... __ -........... _. -. I.Yes/Aye ......_..-- .............-- — ..- I No/Nay -----—........_._......--- Abstain j — Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio I Voter 0 ❑ ..... ......... ❑ 1 ........ ....... ❑ ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P. Ruland Mover 1 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter ! D ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Seconder. 0 ❑ El 11 ❑ Rescinded Scott A. Russell Voter 0 ❑ ❑ ❑ ❑Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action [Type text] Southold Town Board Regular Meeting page 22 April 21, 2015 ❑ Lost 2015-351 CATEGORY.• Employment - Town DEPARTMENT: Accounting NYS Employees Retirement System for Calculation of Retirement Benefits RESOLVED that the Town Board of the Town of Southold/Location Code 30020 hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates Days/ Tier 1 Not ...„..,,,. _,.... ........ _.. Yes/Aye Work Begins/Ends in Employer's Months (Check Submitted Robert Ghosio e Sconder] Day _. —_;. ❑ Time (based on only if (Check box if ! Voter 0 (Hrs/day) ❑ Keeping Records member no record of 0 ' El❑ ❑ System (Y/1) of is in Tier activities 0 ❑ ❑ j ❑ ❑ Town Clerk's Appt Activities) 1) completed or ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell I Voter 0 timekeeping ❑ ❑ ❑ No Action system) Town Attorney William M. Duffy 3/30/15-12/31/15 Y ❑ ❑ 7.00 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. ✓ Vote Record - Resolution RES -2015-351 0 Adopted . ...._:._.. _ ._,.., ........... ...„..,,,. _,.... ........ _.. Yes/Aye No/Nay - _ -, _,,, _.:__ Abstain ., :._.................... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio e Sconder] —. ......_.... 0 _. —_;. ❑ _................_:........_......... El ❑ ❑ Withdrawn James Dinizio Jr ! Voter 0 ❑ ❑ ❑ El Appt William P. Ruland Voter 0 ' El❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter ! 0 ❑ ❑ j ❑ ❑ Town Clerk's Appt Louisa P. Evans ; Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell I Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost [Type text] Southold Town Board Regular Meeting page 23 April 21, 2015 2015-352 CATEGORY: Refund DEPARTMENT: Town Clerk Mattituck-Cutchogue Little League Clean Up Deposit Financial Impact: Police Department cost for the event $168.88 WHEREAS the Mattituck-Cutchogue Little League has supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00, on April 8, 2015 for their Opening Day Parade and WHEREAS the Town clerk's office has been informed that the parade will not takes place, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to the Mattituck CutchoQue Little League. ✓ Vote Record - Resolution RES -2015-352 0 Adopted _.._...------ _.... ...._...._._.....-..................................i...-....-- --_......-.._ ' ....................... ...-- Yes/Aye 1........-._..--- .....-.I Z No/Nay - - .......-........-.._-......------ ._.._.. Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio j Mover 0 J ❑ ❑ j ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ E Eli ❑ ❑ Supervisor's Appt William P. Ruland j Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt ❑Rescinded Jill Doherty Voter 0 j 11❑ Li ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 j ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell j Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-353 CATEGORY.• Budget Modification DEPARTMENT. • Assessors 2015 Budget Modification - Assessors Financial Impact: to cover over extended line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: [Type text] Southold Town Board Regular Meeting April 21, 2015 From: A.1355.1.100.200 Board of Assessors $158 Full Time Employees Overtime Earnings Total $158 To: A.1355.1.100.300 Board of Assessors $158 Full time Employees Vacation Earnings Total $158 page 24 ✓ Vote Record - Resolution RES -2015-353 0 Adopted ....----_._... .... ... .... .. i ........... I..._........_......,.. - .._.._......._....... Yes/Aye 1 -_.,....._....._...,. No/Nay --- Abstain -r.-..-........... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 El ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover D ❑ ❑ j ❑ ❑ Supervisor's Appt William P. Roland Voter 0 ❑ ❑ 11 ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter D ❑ j ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter j D ❑ ❑ ❑ ❑ No Action ❑ Supt Hgwys Appt ❑ Lost 2015-354 CATEGORY.• DEPARTMENT. Employment - Town Town Clerk Appoint Secretary to Tree Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Bonnie Doroski to the position of Secretary to the Southold Town Tree Committee, effective immediately through December 31. 2015. ✓ Vote Record - Resolution RES -2015-354 0 Adopted... ............ _....... __....................... j Yes/Aye j No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio j Voter G D ❑ ❑ ❑ ❑ Tabled James Dinizio Jr I Voter RI ❑ ❑ ❑ ❑ Withdrawn William P. Ruland Seconder. 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt [Type text] Southold Town Board Regular Meeting April 21, 2015 ❑ No Action ❑ Lost 2015-355 CATEGORY.- Attend Seminar DEPARTMENT. Planning Board Refund page 25 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, Mark Terry, Principal Planner, and Alyxandra Sabatino, Planner, to attend a seminar on Water Quality Management at The Sustainability Institute at Molloy College in Farmingdale on May 15, 2015. All expenses for registration to be a legal charge to the 2015 Planning Department budget (meetings and seminars) and the travel cost will be a Town Vehicle. ✓ Vote Record- Resolution RFS -2015-355 0 Adopted ❑ Adopted as Amended ❑ Defeated + Yes/Aye No/Nay Abstain ; Absent ❑ Tabled4-1---- Robert Ghosio Voter7 0 ............;....._ i ❑ i ...........................-- ❑ ............._..._.-..........: ❑ ❑ Withdrawn James Dinizio Jr Voter i 0 ; ❑ ! ❑ ❑ ❑ Supervisor's Appt William P. Roland Mover ( 0 i ❑ j ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty j Voter 0 j ❑ 1 ❑ ❑ ❑Rescinded ❑ Town Clerk's Appt Louisa P. Evans I Seconded, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell ' Voter 0 ( ❑ j ❑ ❑ ❑ No Action ❑ Lost 2015-356 CATEGORY. • Refund DEPARTMENT: Planning Board Refund of Consulting Fees RESOLVED, that the Town Board of the Town of Southold hereby authorizes a refund in the amount of $14,547.50 to OKIDO, LTD, 20 West 64th Street, Apt 24E, New York NY 10023 for unused consulting fees held by the Town in connection with the SEQRA review of Shizen, East Marion, SCTM#1000-38-7-7.1. [Type text] Southold Town Board Regular Meeting April 21, 2015 page 26 ✓ Vote Record - Resolution RES -2015-356 IZ Adopted -- ---........__., - ... ...- --._ .. ------ .. Yes/Aye Yes/Aye 7._ _.._.... . No/Nay — ....._.. Abstain _..___... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder] 0 -----_.___.-- ! El ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter lZ ❑ ❑ 11 ❑Supervisor's Appt William P. Ruland Voter Rl ❑ ❑ I ❑ ❑ Tax Receivers Appt Jill Doherty i Voter D ❑ ❑ El ❑Rescinded ❑ Town Clerk's Appt Louisa P. Evans ' Mover { Rl ❑ ❑ ! ❑ ❑ Supt Hgwys Appt Scott A. Russell !Voter D ❑ ❑ ❑ ❑ No Action Voter j Q ❑ ❑ ❑ ❑ No Action ❑ Lost ❑ Lost 2015-357 CATEGORY.• Refund DEPARTMENT. Town Clerk Refund Commercial Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of $60.00, to Alice Levien, PO Box 992, Cutchogue, NY 11935 for the partial refund of a Commercial Contractor hermit. ✓ Vote Record - Resolution RES -2015-357 0 Adopted ❑ Adopted as Amended ❑ Defeated _.— — .......... ._... -----..................................... ---..... _..;--...._._.._ Yes/Aye No/Nay Abstain _ Absent ❑ Tabled Robert Ghosio --- i Mover - 1 Q ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ El ❑ Supervisors Appt William P. Ruland Voter D ❑ ❑ ❑ ❑Tax Receivers Appt ❑ Rescinded Jill Doherty Voter m ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter j Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-358 CATEGORY.- Bid Acceptance DEPARTMENT. Public Works Accept Bid for Surplus Vehicles DPW [Type text] Southold Town Board Regular Meeting April 21, 2015 page 27 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Steven Wolbert for Asset # 2564 2001 Dodge Ram and Asset # 2753 2001 Dodge Ram in the amount of $502.00 each. ✓ Vote Record - Resolution RES -2015-358 0 Adopted --- --- -- ----- _..-------- --_...... Yes/Aye ' ..................... ......_-_.._---- No/Nay .._......_...._—_._.�- Abstain i Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled RobertGhosio Votes._ 0 _.0 ❑ i❑ ❑ Withdrawn James Dinizio Jr j Mover D ❑ j ❑ El ❑ Supervisor's Appt William P. Ruland Voter ❑ ❑ 0 11 ❑ Tax Receiver's Appt Jill Doherty j Seconder' El ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Voter 0 ' ❑ ❑ ❑ ❑Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter j Rl ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 358 .COUNCILMAN RULAND: Mr. Supervisor, I am going to recuse myself from voting on that resolution in its entirety as the purchaser is my nephew. 2015-359 CATEGORY. Property Usage DEPARTMENT. Public Works Stewardship Management Plan - Mill Road Preserve RESOLVED that the Town Board of the Town of Southold hereby adopts the Mill Road Preserve Stewardship Manal4ement Plan for the Town of Southold owned open space property located on the corner of Bayview Avenue and Mill Road, Mattituck, NY and further identified on the Suffolk County Tax Map as follows: 1000-106.-6-20.3. ✓ Vote Record - Resolution RES -2015-359 0 Adopted Yes/Aye I No/Nay Abstain Absent ❑ Adopted as Amended • Defeated ❑ Tabled Robert Ghosio Voter 1 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr ! Voter 0 E]El( ❑ El Supervisor's Appt William P. Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty j Mover i 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans i Voter D ! ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russel] Voter ! D ❑ ❑ El ❑ No Action ❑ Lost [Type text] Southold Town Board Regular Meeting April 21, 2015 2015-360 CATEGORY. Property Usage DEPARTMENT. Public Works Stewardship Management - Open Space Project/Policy List page 28 RESOLVED that the Town Board of the Town of Southold hereby adopts a Town Open Space Project List Policy for Southold Town Open Space properties as part of the Town's Stewardship Manaizement Plans. ✓ Vote Record - Resolution RES -2015-360 0 Adopted lZ Adopted 1 Yes/Aye I No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio ❑ Adopted as Amended ❑ Defeated ❑ ❑ Yes/Aye No/Nay ;` Abstain Absent ❑ Tabled Robert Ghosio Voter — o - ...._... ........-..--o..--...._.....�.._.o ._.-_...:_ .:............-.-o --_.-.. ❑ Withdrawn James Dinizio Jr Voter D ; El El El ❑ Supervisors Appt William P Roland ;Mover (Z ❑ ❑ ❑ Tax Receiver's Appt ❑Rescinded Jill Doherty Voter 0 j El El ❑Town Clerk's Appt Li P E ousa P. vans econe S d � 0 1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell I Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-361 CATEGORY. DEPARTMENT. Property Usage Recreation Field Use - Hamptons Collegiate Baseball RESOLVED that the Town Board of the Town of Southold hereby grants permission to Hamptons ColleLziate Baseball to use the lit baseball field at Cochran Park for the 2015 baseball season for a total of approximately 18 games, beginning June 1 and ending in late July, subject to scheduling by the Southold Recreation Department and the applicant filing a Two Million Dollar Certificate of Insurance with the Town Clerk, naming the Town of Southold as additional insured. ✓ Vote Record - Resolution RES -2015-361 0 Adopted 1 Yes/Aye I No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Tabled William P. Roland Voter i 0 ❑ ❑ ❑ [Type text] Southold Town Board Regular Meeting April 21, 2015 page 29 ❑ Withdrawn Jill Doherty Voter 0 ❑ 1 ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell I Voter 0 ❑ j ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Yes/Aye ❑ Supt Hgwys Appt ❑ No Action ❑ Lost ❑ Adopted as Amended Comment regarding resolution 361 COUNCILMAN GHOSIO: Mr. Supervisor, I would just like to advocate for this group of people, if you are a baseball lover and you'enjoy going to baseball games, this is a great way to spend an evening and supporting the college kids is great. I recommend it. 2015-362 CATEGORY.- Property Usage DEPARTMENT. • Public Works Stewardship Management - Use of Town Open Space RESOLVED that the Town Board of the Town of Southold hereby adopts a policy pertainin;? to public re uests to conduct proiects on Town owned or mans ed open sace properties. ✓ Vote Record - Resolution RES -2015-362 Q Adopted j Yes/Aye No/Nay i .. Abstain Absent ❑ Adopted as Amended ❑ Defeated_..,___ ❑ Tabled Robert Ghosio I Mover I -- .................... .—=--......- Rl ---= ElI -- ❑ -- ! 11 ❑ Withdrawn James Dinizio Jr I Voter 0 ❑ 1 ❑ ❑ ❑ Supervisor's Appt William P. Ruland j Voter 10 ❑ ii [I El Tax Receiver's Appt Jill Doherty I Voter R1 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder, D ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 362 SUPERVISOR RUSSELL: I just want to recognize Bill Toedter, Bill, you have been banging that drum for a while to get us moving on a stewardship plan and you see the work is getting done now, so thank you for your input. [Type text] Southold Town Board Regular Meeting April 21, 2015 2015-363 CATEGORY. • Advertise DEPARTMENT. Town Clerk BOAR Resignation page 30 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's Office to re -advertise for vacancies on the Board of Assessment Review. ✓ Vote Record - Resolution RES -2015-363 0 Adopted ......_..... - ---_._..................._..:.. i —._...........................................— Yes/Aye - No/Nay ----------; Abstain ----..............._... j Absent ❑ Adopted as Amended Defeated ❑ Tabled Robert Ghosio Voter ! 0 ......................................... ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover Ca ❑ ❑ j El Supervisor's Appt William P. Ruland ( Seconder 0 El ❑ ❑ Tax Receiver s Appt Jill Doherty Voter RI ! El i ❑ El Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter 0 i ❑ 1 ❑ ❑ ❑ Supt bgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-364 CATEGORY. Refund DEPARTMENT. Zoning Board of Appeals Refund of ZBA Application Fee RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $1,500.00 to Arthur R. Torell, 377 Thomas Place, Wyckoff, NJ 07481 for withdrawing his Zoning Board of Appeals application, as recommended by the Zoning Board. ✓ Vote Record - Resolution RES -2015-364 0 Adopted —._ .................—---.__.__....._._. Yes/Aye j No/Nay _ Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 El El 11 ❑ Withdrawn James Dinizio Jr Voter 0 El El ❑Supervisor's Appt William P. Ruland Seconder. 0 El El ❑ ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell I Voter 0 i ❑ ❑ ❑ ❑ No Action ❑ Lost [Type text] Southold Town Board Regular Meeting April 21, 2015 2015-365 CATEGORY: DEPARTMENT. Budget Modification Police Dept page 31 Police Department -Budget Modification Financial Impact: Reallocation offunds for monies initiallyplaced in the retirement reserve for employee who will not be retiring and will be cashing out vacation days RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Whole Fund Town budget as follows: From: A.1990.4.100.200 Contingent/ Police Retirement Reserves $20.000 Total $20,000 To: A.3120.1.100.300 Police/Full Time Vacation Earnings $20,000 Total 520.000 ✓ Vote Record - Resolution RES -2015-365 0 Adopted ❑ Adopted as Amended 11 Defeated ............ --- .......- - — .._.. - --- -- Yes/Aye ........---...-............... No/Nay - - -- —: Abstain Absent ❑ Tabled Robert Ghosio Voter i _ ❑ ❑ ❑Withdrawn James Dinizio Jr Voter j 0 El i ❑ El Supervisor's Appt William P. Ruland Mover 0 ❑ ❑ ' ❑ El Tax Receivers Appt ❑ Rescinded Jill Doherty Voter 0 El❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-366 CATEGORY: Budget Modification DEPARTMENT. • Fishers Island Ferry District 2014 FIFD Budget Financial Impact: To cover over expended items [Type text] Southold Town Board Regular Meeting April 21, 2015 page 32 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 15, 2015, which amended the 2014 Fishers Island Ferry District budget. ✓ Vote Record - Resolution RES -2015-366 0 Adopted --- .._. _..... - — -- -- ... _ .._.......... i { - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder. D ❑ �] ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter j 0 ❑ ' ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter 0 ❑ ( 11 ❑Tax Receiver's Appt Jill Doherty Voter 21 El11❑ ❑ ❑Rescinded Louisa P. Evans ! Mover Rl ❑ ❑ ❑ El Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ i ❑ ❑ ❑ No Action ❑ Lost 2015-367 CATEGORY: Legal DEPARTMENT: Fishers Island Ferry District FIFD Commissioner Appointment RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 15, 2015 anointing a new Commissioner. ✓ Vote Record - Resolution RES -2015-367 0 Adopted --- .—.............. _- ..... ... ... -....._.._....._.I_ —. _. Yes/Aye No/Nay j .. Abstain 1 Absent ❑ Adopted as Amended ❑Defeated ❑ Tabled Robert Ghosio Mover ! ( D ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 El 11 ❑Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty ;Voter j 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder' 0 I ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-368 [Type text] Southold Town Board Regular Meeting April 21, 2015 CATEGORY.• Refund DEPARTMENT: Town Attorney Authorize First -Time Homebuyer Refund to John French page 33 RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account #H3.1189.10) to John French from the Town of Southold in the amount of $3,000.00 in connection with his payment of the Community Preservation Fund tax on property in Laurel (SCTM #1000-126-7-9) purchased by Mr. French on February 18, 2015, as Mr. French qualifies for the First Time Homebuyer exemption set forth in §17-25(C) of the Southold Town Code. ✓ Vote Record - Resolution RES -2015-368 Q Adopted Adopted —.--. ............._.._...... Yes/Aye ; _....- No/Nay ❑ Adopted as Amended ❑ Defeated ❑ Adopted as Amended -- �Yes/Aye j No/Nay Abstain Absent ❑ Tabled - Robert Ghosio Voter Q __................;...................._....................._ 1 ❑ ❑ ...._.... 1 ❑ ❑ Withdrawn James Dinizio Jr Mover ! Q ; ❑ ❑ ❑ ❑ Supervisors Appt William P. Ruland Voter Q j ❑ ❑ j ❑ ❑ Tax Receiver's Appt Jill Doherty Seconderj Q ; ❑ ❑ ❑ ❑ Rescinded i P E n Lousa P. vas � Voter I Q j El❑ ❑ i ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ; ❑ j ❑ ❑ No Action _ ❑ Lost 2015-369 CATEGORY.• DEPARTMENT. - Planning Town Attorney Accept Security Payment/Standard Subdivision - Aries Estates RESOLVED that the Town Board of the Town of Southold hereby accepts the security payment in the sum of $34,520.00 from Applicant, Shawn Tully's attorney, pursuant to Section 240-34 of the Southold Town Code for the proposed Standard Subdivision entitled "Aries Estates", SCTM #1000-22-3-2, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2015-369 Adopted —.--. ............._.._...... Yes/Aye ; _....- No/Nay i Abstain -----_—.... Absent ❑ Adopted as Amended Robert Ghosio j Voter Q --...--- ❑ .... ............... __..._--....._......................... I ❑ j ❑ ❑ Defeated James Dinizio Jr Voter Q ElElj ❑ ❑Tabled William P. Ruland Seconder: Q ❑ I ❑ j ❑ ❑Withdrawn Jill Doherty Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Louisa P. Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter Q ❑ ❑ i O [Type text] Southold Town Board Regular Meeting April 21, 2015 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-370 CATEGORY.- Property Usage DEPARTMENT: Recreation Field Use - All League Baseball Camp RESOLVED that the Town Board of the Town of Southold hereby grants permission to All League Baseball to use the baseball fields at Tasker Park for 2 summer camps: July 6 - 10 and August 3 - 7 from 8:30 a.m. - 2:30 p.m. and for a free Pitch, Hit & Run program on May 17 from 1:00 - 3:00 p.m. Appropriate fees will be charged as per the rules and regulations listed on the application for use of parks facilities. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naminl? the Town of Southold as additional insured. page 34 ✓ Vote Record - Resolution RES -2015-370 Z Adopted ..... _........ ........ .... _- ..__..._... Yes/Aye __._.._._..... I No/Nay _ Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter I' 1�i T O �F El ❑ El Withdrawn James Dinizio Jr Voter j ❑ ; El ! El ❑ Supervisor's Appt William P. Ruland Mover ! p E] El ❑ ❑Tax Receiver's Appt Jill Doherty Voter ! D ❑ j ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans i Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ I ❑ j ❑ ❑ No Action ❑ Lost 2015-371 CATEGORY. Surplus Equip - Non Usable DEPARTMENT. Town Attorney Declare Coir Logs from Dike Project as Surplus & Provide to Cornell WHEREAS, the Town Board of the Town of Southold hereby declares the following material to be surplus material: [Type text] Southold Town Board Regular Meeting April 21, 2015 page 35 Approximately seventy-five (75) 12 -inch diameter by 12 -foot long Coir Logs WHEREAS, said logs were purchased for the Town by Natural Resource Conservation to be used in connection with the Dike Rehabilitation Project; and WHEREAS, said logs are the logs remaining after completion of the Project; and WHEREAS, the Town has no use for said logs and the logs take up valuable storage space; and WHEREAS, the Town Clerk of the Town of Southold advertised on October 7, 2014 and November 5, 2014, for bids for the sale of said logs and received none; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declare said logs to be surplus material; and be it further RESOLVED that the Town Board of the Town of Southold hereby approves providing said logs to Cornell Cooperative Extension of Suffolk County to be used in connection with the Cedar Beach Creek Habitat Restoration Project. ✓ Vote Record - Resolution RES -2015-371 Q Adopted ❑ Adopted as Amended ❑ Defeated ---- -- -- -- - - Yes/Aye No/Nay - -`— Abstain Absent ❑ Tabled Robert Ghosio { Secon_.- _ Q ❑ ❑! ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ { El ❑ Supervisor's Appt William P. Ruland Voter 1 Q i ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter Q { ❑ 1 ❑ ; ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Mover { Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter i Q ; ❑ ❑ j ❑ ❑ No Action ❑ Lost 2015-372 CATEGORY. • Special Events DEPARTMENT: Town Clerk Earth Day Celebration Financial Impact: Cost: $63.28 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Group for the East End to hold its Earth Day Celebration on April 25, 2015 (rain date April 26) [Type text] Southold Town Board Regular Meeting April 21, 2015 page 36 from 10 am to 2 pm at the Downs Farm Preserve, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓ Vote Record - Resolution RES -2015-372 0 Adopted ..... Yes/Aye j No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover -- El -- ❑ --- ❑ - --- ❑ ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ j ❑ El Supervisors Appt William P. Ruland Voter I 0 ❑ Elf ❑ ❑Tax Receiver's Appt Jill Doherty Voter Voter ❑ ❑ ' ❑ ❑ Rescinded Louisa P. Evans Seconder 0 ! ❑ ❑ I ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter El I 11 ❑ ` ❑ ❑ No Action ❑ No Action ❑ Lost ❑ Lost 2015-373 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk ALS Ride for Life Financial Impact: Police Department costfor the event = $630.60 RESOLVED the Town Board of the Town of Southold hereby grants permission for the ALS Ride for Life event on Monday, April 27, 2015 from 7:45 AM to 11:00 PM, beginning in Greenport and ending in Cutchogue. Approval is granted provided applicants submit a Certificate of Liability Insurance naming the Town of Southold as additional insured for a minimum of two million dollars and follow all the conditions in the Town's Policy for Special Events on Town Properties. All fees shall be waived. Support is for this year only. Vote Record - Resolution RES -2015-373 0 Adopted _ ._ _,.._, .... __..... Yes/Aye ......_ No/Nay .._....... Abstain ................. ... - Absent ❑ Adopted as Amended ElDefeated ❑ Tabled Robert Ghosio Voter j ---.—_..._._.........---- D j 11❑ --- - .._. 11 ❑ Withdrawn James Dinizio Jr Mover 0 ' ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑Tax Receivers Appt Jill Doherty Voter 0 ❑ El El ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter i 0 ❑ ❑ ❑ ❑ No Action ❑ Lost [Type text] Southold Town Board Regular Meeting April 21, 2015 2015-374 CATEGORY. DEPARTMENT. Electrical Seminar Attend Seminar Public Works page 37 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Tim Abrams to attend a seminar on Saturday, May 16, 2015 in Ronkonkoma, NY. All expenses of $277.90 for registration and travel to be a charge to the 2015 Streetlight budget (meetings and seminars). ✓ Vote Record - Resolution RES -2015-374 Q Adopted _.................. i_..__...._. Yes/Aye No/Nay Abstain .............. Absent ❑ Adopted as Amended ❑ Defeated Voter j ` Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter ; Q 11❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter j Q ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland I Seconder; Q El 11 El ❑Tax Receiver's Appt Jill Doherty Mover ( Q 11 11; El ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter 1 EI ❑ _ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter ? Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-375 CATEGORY. • Advertise DEPARTMENT: Town Clerk Re Advertise for Various Committee Vacancies RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's Office to re -advertise for various committee vacancies. ✓ Vote Record - Resolution RES -2015-375 Q Adopted _.................. i_..__...._. Yes/Aye No/Nay Abstain .............. Absent ❑ Adopted as Amended Robert Ghosio Voter j — . .................. _.............. Q ._..— El El ❑ ❑ Defeated James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tabled William P. Roland 1 Mover Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Seconder Q ❑ ❑ ❑ ❑Tax Receivers Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt [Type text] Southold Town Board Regular Meeting April 21, 2015 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-376 CATEGORY. - DEPARTMENT. Appoint Deckhands Employment - FIFD Accounting page 38 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 15, 2015 that appoints Catherine Nowakowski, Nathan White, Leo Pelletier, Steven Conary, Ryan Jenrette, Jeffrey Potter, Anthony Long and Jeffery Nossek to the position of part-time Deckhands with a starting rate of $10.56 Der hour. ✓ Vote Record - Resolution RES -2015-376 0 Adopted Yes/Aye No/Nay i Abstain Absent Ado ❑ ted as Amended P .. Robert Ghosio Mover El El El ❑ 0 Adopted ---...... ........................... .................. _..... ........--_.....--...---.................. Yes/Aye - ---._...........................---.... No/Nay ........... i...... ! Abstain 1 --- Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder — -- :�.__.._.._........_-.._ ElI ❑ �` ❑ _ ❑ ❑ Withdrawn James Dinizio Jr Voter ! 11 El ❑ Supervisor's Appt William P. Ruland i Voter l 11y ❑ 11 ❑ Tax Receiver's Appt Jill Jill Doherty Voter ; Elj ❑ El ❑ Town Clerk's Appt Louisa P. Evans Mover CD ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell ; Voter { D j ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-377 CATEGORY. DEPARTMENT.• Employment - FIFD Accounting Appoint William Wendland Full -Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 15, 2015 that appoints William Wendland to the Dosition of full-time Deckhand at a rate of $14.35 Der hour. ✓ Vote Record - Resolution RES -2015-377 0 Adopted Yes/Aye No/Nay i Abstain Absent Ado ❑ ted as Amended P .. Robert Ghosio Mover El El El ❑ [Type text] Southold Town Board Regular Meeting April 21, 2015 page 39 ❑ Defeated James Dinizio Jr Voter 1 0 1 ❑ ❑ ❑ ❑ Tabled William P. Ruland Voter Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Seconder RI i ❑ ❑ I ❑ ❑ Tax Receiver's Appt Scott A. Russell ± Voter El ❑ ❑ ❑ ❑ Rescinded ❑ ❑Rescinded Jill Doherty Seconder. 0 ❑ ❑ Town Clerk's Appt ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter CSI j ❑ ❑ Supt Hgwys Appt i ❑ ❑ Supt Hgwys Appt Scott A. Russell I Voter ❑ ❑ No Action ❑ ❑ No Action ❑ Lost ❑ Lost 2015-378 CATEGORY.• DEPARTMENT. - Employment - FIFD Accounting Acknowledge Retirement Stephen Burke RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted April 15, 2015 that acknowledges the retirement of Stephen Burke from the position of Marine Operations Supervisor effective April 2, 2015. ✓ Vote Record - Resolution RES -2015-378 Z Adopted ..................................-- — — ..- ......... ... ,.,.... ---- --T— -..-.................................._........_..................._.r_....---_.........-_.....-- Yes/Aye No/Nay ... Abstain ... . ............................. -_ Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter — - -- 01 ...........---..-.......... ❑ ❑ 11 Withdrawn James Dinizio Jr Mover lz ❑ ❑ Eli ❑ Supervisor s Appt ❑ Tax Receiver's Appt William P. Ruland Voter lz ❑ ! ❑ ❑ ❑Rescinded Jill Doherty Seconder. 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter CSI j ❑ ❑ i ❑ ❑ Supt Hgwys Appt Scott A. Russell I Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-379 CATEGOR I . DEPARTMENT: Employment - Town Accounting Amend Resolution No. 2015-272 [Type text] Southold Town Board Regular Meeting April 21, 2015 page 40 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2015-272 dated March 24, 2015 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Diane Hansen to the position of full-time Secretary, appointed to the position with effect on March 1, 2015 and added to the Ferry District's pavroll on April 1, 2015. ✓ Vote Record - Resolution RES -2015-379 0 Adopted _.............. _..... . ...... _ ...... Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio t Voter j _ ,--.-._....-.-._._.-- 0 ❑ —._........ =— ❑ -... j ❑ ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ 11 Supervisor's Appt William P. Ruland ;Seconder D ❑ ❑ i ❑ ❑Tax Receiver s Appt Jill Doherty --------------------- Mover D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans 1 Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Voter ❑ ❑ ❑ ❑ No Action ❑ No Action - ❑ Lost ❑ Lost 2015-380 CATEGORY. DEPARTMENT. Contracts, Lease & Agreements Town Attorney Lump Sum Consultant Agreement WIC&S Engineers, Inc. - F.I. Airport Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Lump Sum Consultant Agreement for design of the Airfield Lighting & Signage Repairs Project at Elizabeth Field Airport, Fishers Island, New York, Project No. 6946304, between the Town of Southold and C&S Engineers, Inc. in the amount of $35,000.00, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2015-380 0 Adopted _.............. _..... . ...... _ ...... .......... Yes/Aye ............... _ ... ................... _..------ No/Nay -- Abstain Y ............ .......... -- Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter __..._ _... — D --r-- -- .... ...........,. ❑ -- _.._._.... .._.......... ❑ _--. _. . ❑ El Withdrawn James Dinizio Jr Voter 0 El❑ ❑ ❑Supervisor's Appt William P. Ruland Mover 0 ❑ El El Tax Receiver's Appt Jill Doherty j Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans ; Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost [Type text] Southold Town Board Regular Meeting page 41 April 21, 2015 2015-381 CATEGORY. Bid Acceptance DEPARTMENT: Town Clerk Bid Acceptance of RIO Server & Equipment RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of SHI International Corporation to supply the town with One (1) Dell PowerEdge R730xd server; One (1) Buffalo TeraStation ES —NAS server; One (1) Symantec Backup Exec 2014 for applications and databases; One (1) Symantec Backup Exec 2014 for Hyper -V; and One (1) APC SmartUPSX1500 VA #SMX1500RMU2 according to bid specifications in the amount of $15.794.91. all in accordance with anbroval the Town Attornev. ✓ Vote Record - Resolution RES -2015-381 0 Adopted .............................--................................--._..... - - -- 1 ._....... - ................. Yes/Aye .--..-.............. ........ No/Nay -.....--........................... Abstain ..... ................ Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Scconder ..... _........ El ----- ........_...-..--- 1 ❑ ..................... _.-.;....- ❑ -----............ 1 ❑ ❑Withdrawn James Dinizio Jr Voter I Rl ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland i Voter 19 ❑ ❑ j ❑ ❑Tax Receivers Appt Jill Doherty Voter 19 ❑ ❑ ❑ ❑Rescinded ❑ Town Clerk's Appt Louisa P. Evans Mover ❑ ❑ { ❑ ❑ Supt Hgwys Appt Scott A. Russell j Voter ( Z ! ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-382 CATEGORY: Fmla DEPARTMENT. • Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby approves a leave of absence for Employee Number 4474 commencing with her last day of actual work, which is anticipated to be on or about May 1, 2015, utilizing her sick, vacation, compensatory, personal and holiday time, as accrued, and continuing through her period of disability due to the pregnancy and/or child birth; and be it further RESOLVED that upon the conclusion of employee's leave due to disability, she will be placed on a child care leave, without pay or charge to accrued leave time, through October 1, 2015; and be it yet further RESOLVED that Employee Number 4474's leave pursuant to the Family and Medical Leave [Type text] Southold Town Board Regular Meeting April 21, 2015 page 42 Act (FMLA) will commence on her last day of actual work and will continue thereafter for up to 12 work weeks during the period of her disability due to pregnancy/child birth and/or her leave to care for her newborn. ✓ Vote Record - Resolution RES -2015-382 0 Adopted -- .._.._ . _. ........ __..... _,.._ ... _T..._... ....... ....: Yes/Aye . _._ _.._ No/Nay Abstain Absent ❑ Adopted as Amended ElDefeated ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr ; Voter 0 ❑ El El Supervisor's Appt William P. Ruland Voter R1 11 ❑ ❑ Tax Receivers Appt Jill Doherty ' Seconder; 0 ❑ ❑ ❑ ❑Rescinded Louisa P. Evans Voter I 0 1 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell 1 Voter Rl ❑ ❑ ! ❑ ❑ No Action Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost ❑ Lost 2015-383 CATEGORY: DEPARTMENT. Contracts, Lease & Agreements Town Attorney Addendum Ito Traffic Signal Agreement CR 48, Middle Road @ Wickham Ave., Mattituck RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Addendum I to the Agreement for the Installation of Traffic Control Devices between the County of Suffolk and the Town of Southold for the installation and maintenance of traffic devices at CR 48, Middle Road @ Wickham Avenue, Mattituck, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2015-383 0 Adopted ❑ Adopted as Amended ❑ Defeated --. ... _... _..----...---------.-r Yes/Aye _..---- No/Nay ......_.........Y._.._ Abstain .................. I Absent ❑ Tabled Robert Ghosio ' Voter I 0 ❑ ❑ j ❑ ❑ Withdrawn James Dinizio Jr Mover i 0 ❑ ❑ ❑ ❑Supervisor's Appt William P. Roland Seconder 0 ❑ ❑ ❑ ❑Tax Receivers Appt Jill Doherty I Voter 0 Li❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost [Type text] Southold Town Board Regular Meeting page 43 April 21, 2015 2015-384 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 612115 @ 4:32 PMLL%Transient Rental Properties WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York; on the 21St day of April, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 2"d day of June, 2015 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of internet based "For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time, often for only a weekend. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or [Type text] Southold Town Board Regular Meeting page 44 April 21, 2015 indirectly, in exchange for such residential occupation for a period of less than seven (7) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non -owner occupied one -family dwellings and two-family dwellings rented for a period of less than seven (7 fights and shall not include: 1. A dwelling unit lawfully and validly permitted as an accessory apartment in accordance with280-13(A)(6) and &280-13(B)(13) of the Code of the Town of Southold; or 2. Properties used exclusively for non-residential commercial purposes in any zoning district; or 3. Anv levally oneratina commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 4. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than seven (7) nights. The foregoing -presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or [Type text] Southold Town Board Regular Meeting April 21, 2015 page 45 prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public [Type text] Southold Town Board Regular Meeting April 21, 2015 page 46 nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. ✓ Vote Record - Resolution RES -2015-384 0 Adopted ......................... -----_........... .............._.__.............._._...-_r.._ _--.._-_.,-_....._...__.._ ................. .......-,.....-_....-.........--......... Yes/Aye _ _ No/Nay --...._............_.._.�__..._..._......_.� Abstain ; Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio �r---- Voter ; -..... - - ❑ _...._.._ _-._-. O _...._.:.-___ ❑ Withdrawn James Dinizio Jr Voter i 0 i ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland I Seconder 0 ❑ ❑ ❑ ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Mover 0 T ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 j 1111 ❑ ❑ No Action ❑ Lost 2015-385 CATEGORY: Legislation DEPARTMENT. • Town Attorney LL/Transient Rental Properties to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties," to the [Type text] Southold Town Board Regular Meeting April 21, 2015 page 47 Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ✓ Vote Record - Resolution RES -2015-385 0 Adopted Yes/Aye i No/Nay Abstain Absent T ❑ Adopted as Amended ❑ Defeated ❑ Tabled' Robert Ghosio 1 Voter if ; Abstain El❑ ❑ ❑ Withdrawn James Dinizio Jr Voter ..... ..-- ❑ ❑ ❑ i ❑ ❑ Supervisor s Appt William P. Ruland Mover D ElEl❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter j ❑ ❑ ❑ ❑ El Rescinded Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter j ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Voter D ❑ ❑ i ❑ ❑ No Action ❑ Lost ❑ Lost 2015-386 CATEGORY: Property Usage DEPARTMENT: Recreation Field Use — Mattituck Soccer Club RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Soccer League to use the football field at Cochran Park in Peconic for games on weekends beginning May 2 and ending with the last game on June 21. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Permission is for this year only, as the town continues to evaluate the use of town properties.. ✓ Vote Record - Resolution RES -2015-386 0 Adopted ❑ Adopted as Amended • Defeated _......_._ i _...........�_._................ Yes/Aye I No/Nay ; Abstain .—_.... _..... Absent ❑ Tabled Robert Ghosio Seconder —...... 0 I ..... ..-- ❑ ❑ ❑ El Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Voter j D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Mover ! D ❑ ❑ j ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter D ❑ ❑ i ❑ ❑ No Action ❑ Lost [Type text] Southold Town Board Regular Meeting April 21, 2015 2015-387 CATEGORY. • Authorize to Bid DEPARTMENT: Highway Department Advertise for Bid Mowers page 48 Resolved that the Town Board of the Town of Southold here by authorizes and directs the Town Clerk to advertise for bid two Hustler super Z- Zero Turn Commercial Mowers Model # 934232 Kawaski FX850VA Engine (27 HP) with 60" Deck and suspension or equivalent for use at the Highway Department. Vote Record - Resolution RES -2015-387 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ----- ----..-.-.-._... _.................... .._.. . Yes/Aye ..._ No/Nay i ... Abstain --- Absent ❑ Tabled Robert Ghosio j Mover I —_..................- 0 _........._...........................................- ❑ — — — ❑ .... _-. ❑ ❑ Withdrawn James Dinizio Jr Voter j D ❑ ' ❑ j ❑ ❑ Supervisors Appt William P. Ruland Voter 0 ❑ 11 11 ❑Tax Receiver's Appt Jill Doherty Voter D 11 El ❑ Rescinded Louisa P. Evans i Seconder;_ Rl ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell i Voter 0 j ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-388 CATEGORY.• DEPARTMENT. Authorize to Bid Highway Department Advertise for Bid on 2 Trucks Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for bid Two new 2015 Dodge 1500 V6L Tradesman regular cab 4x2 two wheel drive with spray on bed liner, trailer & tow package or equivalent for use at the Highway Department. ✓ Vote Record - Resolution RES -2015-388 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter RI ❑ ❑ j ❑ ❑Defeated James Dinizio Jr Mover 2 ❑ ❑ ❑ ❑Tabled William P. Ruland Seconder 0 ❑ ❑ ❑ ❑Withdrawn El Supervisor's Appt Jill Doherty Voter Q El ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter 0 ❑ ❑ ❑ [Type text] Southold Town Board Regular Meeting page 49 April 21, 2015 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-389 CATEGORY.- Legal DEPARTMENT: Town Attorney Authorize Negotiations to Purchase Mattituck Park District Pike Street Property WHEREAS, the Mattituck Park District owns property located at 630 Pike Street, Mattituck, also known as SCTM # 1000-140-3-5; and WHEREAS, the parking lot is currently used by the community patronizing local businesses in the area; and WHEREAS, the Town Board of the Town of Southold is aware that the Mattituck Park District wishes to sell the aforementioned property; and WHEREAS, the Town Board wants to ensure that the aforementioned property continues to be used as a parking lot for the benefit of the community; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into negotiations with the Mattituck Park District to purchase their property located at 630 Pike Street, Mattituck, also known as SCTM #1000-140- 3.5. ✓ Vote Record - Resolution RES -2015-389 Q Adopted _._.._� ___ ...,.:.._ j .. .._........_........ Yes/Aye ..... No/Nay ....._.......................... Abstain _..... _ Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 1 Q ❑ ❑ ❑� ❑Withdrawn James Dinizio Jr ! Voter Q 11 El El ❑Supervisor's Appt William P. Ruland Seconder. Q ❑ El El ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty 'Mover Q El ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ! ❑ ❑ 1 ❑ ❑ No Action ❑ Lost [Type text] Southold Town Board Regular Meeting April 21, 2015 2015-390 CATEGORY: DEPARTMENT: Budget Modification Accounting page 50 Budget Modification for Laserfiche RIO Project Financial Impact: Per Betty Neville: There is a shortage of $276.42 in the budget line in order to purchase the computer hardware & equipment for the NYS Record Archives Grant for the LGMRIF 2014-2015 grant for the RIO project. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 budget as follows: General Fund Whole Town From: A.1460.4.100.550 Records management, CE Equipment Parts & Supplies Totals To: A.9901.9.000.100 Transfer to Capital Fund Totals Capital Fund To: Revenues: H.5031.35 To: Appropriations: H.1680.2.500.350 Interfund Transfers Totals Central Data Processing Equipment & Capital Outlay Laserfiche Rio Project Totals 277 $277 277 $277 277 $277 277 $277 ✓ Vote Record - Resolution RES -2015-390 Rl Adopted — ....................... Yes/Aye _.............. 1 No/Nay ...... - _ Abstain .....-..... ,.,.... _ Absent ❑ Adopted as Amended Defeated ❑ Tabled Robert Ghosio ;Voter. i 0 ❑ i ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 El ❑ ❑ ❑ Supervisors Appt William P. Ruland Mover 0 ❑ ❑ ❑ ❑Tax Receivers Appt ❑ Rescinded Jill Doherty Voter 0 ( ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder, D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell i Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost [Type text] Southold Town Board Regular Meeting April 21, 2015 2015-391 CATEGORY. Property Acquisition Purchase DEPARTMENT. • Land Preservation Elect to Purchase/SEQRA Rose Property Acquisition page 51 WHEREAS, the Town Board of the Town of Southold held a public hearing on the 21" day of April, 2015, on the question of purchasing open space fee title on property owned by the Elizabeth H. Rose Trust pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-23.-1-19 and No # Private Road #8 in East Marion and is a vacant beach parcel located between Dam Pond and Long Island Sound in the R-80 zoning district; and WHEREAS, the open space acquisition is for fee title of the vacant 0.28 acre beach parcel. The purchase price is $2,000.00 (two thousand dollars) based on an accepted offer. The seller may claim a bargain sale; and WHEREAS, the subject property is listed on the Community Preservation Project Plan Eligible Parcel List of properties and the purchase will be funded by the Community Preservation Fund; and WHEREAS, the purpose of the acquisition is for the preservation and protection of undeveloped beach land and shoreline and for its scenic value. The property is adjacent to beach land currently owned by the Town of Southold; and, WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and _ WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property since it is not a buildable parcel; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the property; and [Type text] Southold Town Board Regular Meeting page 52 April 21, 2015 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property to add vacant beach land to the existing Town owned undeveloped beach for the purpose of the preservation and protection of undeveloped beach land and shoreline and for its scenic value; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to property owned by the Elizabeth H. Rose Trust, identified as SCTM #1000-23.-1-19. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. The Town Board has reviewed the acquisition and has determined that sanitary flow credits will not be transferred from this property. ✓ Vote Record - Resolution RES -2015-391 Q Adopted _ _ __ ---.--.______ _____._:. _� _._ _. .__.__-._.-_--_. Yes/Aye I _ No/Nay _--- .____._ Abstain I Absent ❑ Adopted as Amended ❑ Defeated El Tabled Robert Ghosio ...............-.........— Seconder D - ❑ .................--..._. __.-_..__...-._....-................. ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter ' � EI ❑ T ❑ ❑ ❑Supervisor's Appt William P. Ruland ( Voter 2 ❑ _ ❑ _ ❑ ❑ Tax Receiver's Appt ❑Rescinded Jill Doherty Voter j Q ; El El ❑ Town Clerk's Appt Louisa P. Evans Mover i Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell ! Voter Q ' ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearinlzs Set P.H. Rose Land Acquisition [Type text] Southold Town Board Regular Meeting page 53 April 21, 2015 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Councilman Bob Ghosio COUNCILMAN GHOSIO: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 21, 2015, at 7:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of open space fee title on property owned by the Elizabeth H. Rose Trust. Said property is identified as SCTM #1000-23.-1-19. The address is No # Private Rd #8, East Marion, New York, and is a beach parcel located between Dam Pond and Long Island Sound in the R-80 zoning district. The proposed acquisition is for fee title and is approximately 0.28 acre. The property has been offered for sale to the Town of Southold as open space. The purchase price is $2,000.00 (two thousand dollars). The property will be acquired using Community Preservation Funds. The seller may claim a bargain sale. The property is listed on the Community Preservation Project Plan Eligible Parcel List of properties that should be preserved for the purpose of protecting undeveloped beach land and shoreline and for its scenic value. The property is adjacent to beach land currently owned by the Town of Southold. The purpose of the acquisition is to add vacant beach land to the existing Town owned undeveloped beach. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. This public hearing has been noticed in the Suffolk Times on April 16, 2015. I have an affidavit here that this has been posted on the Town Clerk's website and on the Town Clerk's bulletin board. That's all I have. Supervisor Russell SUPERVISOR RUSSELL: I would invite anybody that would like to comment? Melissa? Melissa Spiro, Land Coordinator MELISSA SPIRO, LAND PRESERVATION COORDINATOR: As noted this is a proposed acquisition of a small, undeveloped beach parcel that is adjacent to another small beach parcel that's currently owned by the Town of Southold. The property is within an area where there has been significant preservation by the Town, the County and also private conservations. Ruth Oliva Preserve, jointly owned by the Town and County is just to the west side of Dam Pond, in the vicinity of this property. The Rose property is small, it is accessible only by water. However, since it has been offered for minimal purchase price of $2,000 it is in such close [Type text] Southold Town Board Regular Meeting page 54 April 21, 2015 proximity to other preserve land, the Land Preservation Committee reviewed it and supports the Town's purchase of this property. The purpose is to allow it to remain in its current state as an undeveloped beach area. The property is on the Community Preservation Plan and Community Preservation funds will be used for the purchase. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular local law? Robert Dunn, Peconic ROBERT DUNN: Seeing as you woke me up, I don't know why anybody would want to do anything but applaud that, for $2,000. Supervisor Russell SUPERVISOR RUSSELL: Anybody else? (No comment) Closing Statements Supervisor Russell SUPERVISOR RUSSELL: I am going to invite anybody that would like to address the Town Board on any issue to please feel free? Kerry Navarre KERRY NAVARRE: I don't know if you noticed this in the paper the other day but on April 7"', Appellate division of New York backed the Town of North Hempstead on their rental law. SUPERVISOR RUSSELL: Yes. MR. NAVARRE: So that's, you know, as I started looking into this, this short term rental which I would say is anything under 30 days is like a three -fold issue. One is the quality of life for the residents, I heard stories and I don't see how they could be bothered for so long and nobody addressing the issue. Two, the lack of housing and affordable housing in the community which is being taken upon short-term rentals. I just looked quickly, I saw two rentals for just two days; one was for $1,500 one was for $2,200. And these houses are rented, okay? For just a two day rental. Sales tax on that rental, on the $1,500 one would have been $172.50. On the $2,200 one it would have been $253. If you took an average of 1,700 between the two of them and you multiplied it by 300 which is the amount of rentals that were on the websites, you have got $512,000., in tax that we are not getting in Suffolk County. That is not mentioning if you multiplied that by how many weekends, so you are getting, you are somewhere around $5 million of tax loss to Suffolk County on these so-called short-term rentals and it could be much greater as the prices go up but I am just taking an average. Another thought, I have a list and I am going to, I guess, provide it to you but I think anybody that's involved, first of all, anything that's going to be a short-term rental, all the property should be registered. Any advertising that's done in Southold Town just like if you had a consumer affairs license, you have to have the license number, contractors name on that ad and that should be in any ad for a rental property in the Town of Southold. If the, if the property is rented and the person is absentee, out of this town, there should be a designated agent, not the guy next door with a key but a designated agent [Type text] Southold Town Board Regular Meeting page 55 April 21, 2015 that represents that owner in case there is some violation of the town code. The town code should also include something where there is acknowledgement of the receipt and inspection of the copy of all regulations that this ordinance provides. That is in the house and the tenant that is renting the house is well aware of it. Whether it says there are no bachelorette parties, no wedding parties, no drugs or whatever you come up with in this law, that person that rents this house has to acknowledge that. That person also should be above the age of 18 and/or have a passport or something like that so they just can't circumvent and say they had no knowledge of the law and that way when the police officer comes, you have the ordinances posted on the wall in the house and that when they arrive, they can contact the agent and then the police don't have to go and say this is a civil matter, now the agent is there and they can throw the people out or do whatever they have to do to quiet the situation. Let me just see, you have got to have a 24 hour emergency person that's within, they have to live within the Southold Town, I would say, or within 25 miles, from Riverhead to here. I have stuff about parking lots and stuff like that, how many parking spaces, the advertising with the town permit number should be on all advertising and the, what the owner and the occupant agree as to what their stay time, that should be contracted, with the contract. None of this can be oral, it should be all written and then it should also be, the maximum number of occupants, I would say two per bedroom is a reasonable amount and I think you have got to notify that, you know because otherwise you have people sleeping on the floors, sleeping in basements and stuff like that. But a designated bedroom, a bedroom that has proper egress windows in it, not a, you know, whatever kind of room they can call a bedroom that they are renting. Let's see, you have got to figure at least a parking space per bedroom on site so it doesn't affect the neighbors. And there also has to be proof of general liability, you know, I don't know if you want to indemnify the town but a lot of times, if a contractor comes into the town, they have to indemnify the town that they are doing work there and that may be the case when it comes to these short-term rentals. I have a lot of other things as far as that we shouldn't allow signs that say for rent for short-term rental property, so we don't have the town littered with 1,500 short term rental signs. It just looks terrible in the neighborhood. It's bad enough that you have got all the real estate signs but that' a normal thing but all these short-term rental signs just I think, diminishes the look of the neighborhood. Swimming pools, any commercial property has to have the health department inspect our swimming pools, that the water quality is there, the water is checked on a daily basis. That there's a surround around the pool so nobody falls in. We have had people die, kids drown in swimming pools where they didn't have fences or there is nobody on site, so any house that has a swimming pool must conform to that and have, conform to the same thing, same water quality where you have that water tested daily so that the swimming pool is up to a rental property. Transient, any way you look at it, is anybody renting under 30 days. And as far as a tax designation, the law allows you like two weeks that you can use that yourself or rent it. Anything other than that, it should be taxed. That's a couple of things. Let me see if there is anything else. The third thing on that impact besides taking houses off the market, you have at least 5 motels that have gone out of business on the north fork and I would say they are directly related to short-term rentals. All this stuff, you know, you could have 100 other reasons but the reality of it is, is that the cream of the crop of this business has been taken away by short-term rentals. Someone will rent a whole batch of rooms, the next thing you know, two weeks before, they rented a house and now you have got 10 people staying in a house and now you are sitting empty with all those rooms. This has been going on for about 8 years and it's taken its toll and [Type text] Southold Town Board Regular Meeting page 56 April 21, 2015 that's not to mention the dozens and dozens of bed and breakfasts that have tossed in the towel or you know, given up because of the same thing with these short-term rentals that have taken that market away. And these are all people that live in the community, pay taxes in the community, they are year-round residents. They are not absentee landlords. You know, absentee landlords is a, what they are is absentee and they are basically dumping on the neighbors, saying here, I am having a party, I am renting my house, I am doing whatever I want to do and they have no concern for the community or the neighbors. So, that's basically it. I am going to type some stuff together. SUPERVISOR RUSSELL: I appreciate it. I just want to address one issue. I think this Town Board is looking at this as a two-step process. First by designating what we mean by a short- term, again whether it is seven days or 14 days but the town is also taking up the issue of a rental permit for all rental properties. This would include those houses, anybody who wants to rent for seven days or more would be required to apply for a rental permit. That would require an annual inspection for safety compliance, swimming pools and all those other things. CO detectors, smoke detectors. They would also be required to identify all the residents on the lease, they would be required to offer a site plan of that parcel, of the house because state and building code only allows a certain amount of people per square foot. They also would not be allowed to have more than 4 unrelated parties because otherwise that would kick into a boarding house which isn't permitted. So, I think a rental permit is going to address a lot of those concerns but again, it's a two-step process. MR. NAVARRE: I applaud you for taking the issue on, you are going to have a lot of fight both ways but you know, in the end, it will be better for the town. SUPERVISOR RUSSELL: Thank you. Adrienne Greenburg, Greenport ADRIENNE GREENBURG: My name is Adrienne Greenburg, I live in Greenport. And I am not going to speak, I am here to give you Deborah Pittorino-Rivera's letter. She was called away on business. She owns the Greenporter and she asked that this be given to you. SUPERVISOR RUSSELL: Please. I would invite anybody else who would like to address the Town Board? Please. Unidentified UNIDENTIFIED: Supervisor, just a quick question, since you have explained a little more about the rental code, when do you think you will be taking that business? SUPERVISOR RUSSELL: We are going to, we would like to button this up very soon and then start working very quickly. There are other, many compelling reasons, look I floated a rental law about five -six years ago when I was here, it went over like a lead balloon but things have changed in Southold. You know, fires, over -crowded housing, all those things that the town feels like at this point, I think that we need to start regulating all rentals in Southold Town. UNIDENTIFIED: Let us know how we can help. [Type text] Southold Town Board Regular Meeting page 57 April 21, 2015 SUPERVISOR RUSSELL: Of course. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Of course, thank you. COUNCILMAN DINZIO: Also, today Scott proposed that we hire another code enforcer, so we need to get that in place and you know... SUPERVISOR RUSSELL: Yes, that's exactly what we talked about today. COUNCILMAN DINZIO: But it's not as easy as you think. UNIDENTIFIED: No, I understand. Robert Dunn, Peconic ROBERT DUNN: Can I make a comment? Just to play a little devil's advocate here, you all know where I live. Within 600 feet of my house, there's eight to 10 people that rent short-term. In five years I have never had a problem with one of them. In fact, the only time the police have been called to my neighborhood in that five years for any of that kind of behavior, it was one of the summer homes that had been closed for the winter and a bunch of local kids had gotten into it and were partying up. That was just this past Thanksgiving. I have heard a lot of comments about, well, the swimming pools. It's against the law in New York State to have a swimming pool that doesn't have a fence around it. That's just, that's the law. For a private, for commercial, for anybody. And Airbnb, Homeaway, all of them, somebody raised a question you can see how many times people are renting. I rented on BRBO for 12 years on a home I had on St. Thomas and one of the games you play there as an owner is, when you want to use it is you blank it out. So, you might show 300 days rented, one of the games you play, you block out the times you want to use and it is really common, if you go to Florida, they will block out January, February and March, they want to rent in the summer when nobody wants to go there. So, but then there was another issue this gentleman brought up about number of people in the bedroom. That's a very good idea, our censuses are based on bedrooms which are based on an expectation of how much water they can handle, so it should be restricted. I will say something else about my community, the people that rent all use their houses often. I mean, they rent their houses, they might rent one week, two weeks, there's one person, I know her renter as well as I know her because they have been there every summer. So I think there should be a difference made between a total absentee owner who just bought a house to make some money and someone who is renting for a couple of weeks a year. you know, I don't know how you would rate that but it seems to me if somebody has got their clothes hanging in the closet and their dishes that they are going to use, you know, somebody who has got something, who is showing an interest and is active and not just giving people a key and walking away and saying, send me the check. COUNCILWOMAN DOHERTY: Robert, to that point, I personally wanted to start out small with this because sometimes when we make a code, we do it reactionary and we are trying to not let this get so far that we have to react so much and we have to, I don't want to make the code so cumbersome that it is punishing the people that have been doing the right thing all along. [Type text] Southold Town Board Regular Meeting page 58 April 21, 2015 MR. DUNN: Sure. COUNCILWOMAN DOHERTY: We are trying to regulate the few bad people. MR. DUNN: That would be good. What would also be good, if perhaps some of the people who have the ability to enforce some of the things, at 12:00 or 3:00 in the morning, get out there and do it. COUNCILWOMAN DOHERTY: Well, that's been a.... MR. DUNN: I have listened to the people from Greenport who seem to be having more of a problem than anyone else and if there is a bad player there, well, they should be able to call the police and they should be able to expect that that gets taken care of. If it happens two hours again later or 20 minutes later, take care of that. That's what we pay a police force. If we didn't want that, well, you can go with Suffolk County. We chose to have a local police force to take care of the local things and this is, there is nothing more local than trying to sleep when some clown are whooping and hollering next to your bedroom. COUNCILMAN DINIZIO: Well, you know, Bob, it's not just that... MR. DUNN: Oh, no, I understand. COUNICLMAN DINIZIO: No, there's an uneasiness about having just a stranger there, not just necessarily one that's hooting and hollering at 3 in the morning. But, every weekend you have to retrain these people. Like you hear people saying they were lighting fires on the beach, okay? Every weekend you'll be having people down there lighting fires and it won't be the same person, the one you educated the weekend before, it will be somebody else. You know, I mean, we have a beach, I live in the neighborhood that most of the people spoke... MR. DUNN: I understand. COUNCILMAN DINIZIO: And we have 67 steps there and you know, I am going to tell you, every time that house, it's one particular house that rents out, one day there was probably four families, baby carriages, up and down the road, going down to the beach. Fine, we don't own it, it belongs to the Town but again, they make people in the neighborhood just a little bit uneasy and it's something that, you are just waiting for the next thing to happen. If you follow Vineyard 48, it's the same thing, those poor people are just shell-shocked now. SUPERVISOR RUSSELL: Jim is also concerned that it's at 67 steps, when they run out of fireweed, it's going to be 66 steps, 65 steps etc. MR. DUNN: I mean, you are doing something here that you need to cover everything so we don't have people like Mr. Shipman who (inaudible) 10 years down the road, saying, well, you allowed them to do this. [Type text] Southold Town Board Regular Meeting page 59 April 21, 2015 SUPERVISOR RUSSELL: So people understand, this isn't unique in Southold and we are learning from other experiences in other towns who haven't had luck. We are learning about what they did wrong and what we think we need to do right and there really is going to be a two- step process. I understand all of the concerns that have been raised but I do think if not right away, soon we will be able to resolve those issues. MR. DUNN: I also got, I have to say I have a problem with this term strangers and those people and city people, I mean, I am a city person. I have been coming out here since 1949. I met my wife through a relationship with someone out here who had a house in Mattituck and she had a house around the corner on Marlene. Well, we have been 40 years now. so this idea about strangers, I mean, you never know who is going to move next-door to you and I sure there are people in your neighborhood you don't know and you have lived there all your life. COUNCILMAN DINIZIO: Exactly. Strangers. Exactly what.... MR. DUNN: And we have some people who come in here every week (inaudible). COUNCILMAN DINIZIO: There are some people I can't stand either, I have known them all my life. I agree with you. MR. DUNN: But you can't.... COUNCILMAN GHOSIO: There is a difference between a stranger you see every day and that stranger you only saw once. And you will never.... MR. DUNN: Well, I know one stranger you see every two weeks... COUNCILMAN GHOSIO: I think people get a little unnerved when they are seeing different people every weekend. MR. DUNN: I appreciate that and you guys have got a tough job there. COUNCILMAN GHOSIO: If you were moving into the neighborhood and you were there every weekend or every couple of weekends and we got to know you, then you would no longer be a stranger necessarily. MR. DUNN: I live across the street from the beach, I see different strangers every hour. Okay. SUPERVISOR RUSSELL: Thanks Robert. Anybody else? Bill? Bill Toedter, Rep. NFEC BILL TOEDTER: Bill Toedter, Southold. Speaking both for myself and for the NFEC. I don't know how this is going to come out because as you know, I am not a great public speaker and unfortunately my self -filter has seemed not to be working recently, so, pardon me as I go through this and also be aware, I am not throwing you guys a bone because I hope you guys know when I say something or write something it's because I've thought it through pretty well. So here we [Type text] Southold Town Board Regular Meeting page 60 April 21, 2015 go. I spent four torturous hours in an embarrassment of a public meeting of the Planning Board in an unnamed town to the west of us who border Southold. And then I spent today going on probably 5 '/2, 6 hours today in this work session and also the Town Board meeting and I really hope the people of Southold understand and appreciate the difference between the operations of the two towns. We don't always agree on ideas, we definitely don't always agree ori decisions but there is a defined process here. There is a public debate. There is clarity in what goes on here that doesn't happen in all other towns. Today, excuse me for getting emotional, I was really taken aback by what I saw in the work session today. We had young men and women from Greenport, Southold, Mattituck schools speaking to you about their ideas about how to make things better and then on the other end of the spectrum, we have Mr. Leudesdorf, 80 years old working on the Parks Commission, whether it's an elected official, whether it's a volunteer, whether it's a town employee, I really hope the people here in Southold realize that you guys work well beyond your job description. Everyone in that room today, Philip especially I commend him for what he did, works hours, works tasks, works efforts over and above what I think most people expect and I think you guys should be respected for all the jobs that you do and I think that somehow, this Town whether it is this Board or whether it is the residents, needs to show appreciation for what everyone has done. Because you guys do a great job, whether we agree or not. SUPERVISOR RUSSELL: Thank you, Bill. My only regret is I wish you raised your hand at the beginning of the meeting because people turned off channel 22 an hour and a half ago. We'll keep re -running it. Would anyone else like to comment? COUNCILMAN DINIZIO: I would just like to say one thing, the meeting that Bill just talked about, we are probably going to have that on channel 22 sometime this Week. We recorded it... SUPERVISOR RUSSELL: The work session. COUNCILMAN DINIZIO: Came out pretty good, that session. So you'll be able to see those kids there. COUNCILWOMAN DOHERTY: It was impressive. COUNCILMAN DINIZIO: It was impressive. They are truly a gift to our town. COUNCILMAN GHOSIO: They were very poised for teenagers. COUNCILMAN DINIZIO: Very good public speakers. JUSTICE EVANS: So was our volunteer from the Recreation Department. Supervisor Russell SUPERVISOR RUSSELL: Yes, absolutely. Can I get a motion to adjourn? Thank you. [Type text] Southold Town Board Regular Meeting page 61 April 21, 2015 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:21 P.M. 'g' 'g� E ' abeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell [Type text]