The URL can be used to link to this page

Home My WebLink AboutTB-06/02/2015it ELIZABETH A. NEVILLE �gUFFo(� TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER 4, �ap� RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING June 2, 2015 4:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax(631)765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork. net A Regular Meeting of the Southold Town Board was held Tuesday, June 2, 2015 at the Meeting Hall, Southold, NY. Call to Order 4:30 PM Meeting called to order on June 2, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland = Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present. I. Reports Recreation Monthly Report Town Budget Report II. Public Notices NYS Liquor License - New III. Communications IV. Discussion 1. 9:00 Am - Chris Baiz, Agricultural Advisory Committee June 2, 2015 Southold Town Board Meeting Page 2 2. 9:15 Am - Jeff Standish 3. 9:30 Am - John Sepenoski 4. 10:00 Am - Jim Bunchuck 5. Pawlowski Change of Zone 6. Recap of Hamlet Community Meeting 7. Code Committee Meeting Structure S. LL/Amendment to Chapter 197 9. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person(S) 10. LL/ Aquaculture/Mariculture Uses 11. EXECUTIVE SESSION - Litigation Special Presentation 2015 Suffolk County Senior Citizen of the Year Police Sergeant Promotion V. Resolutions 2015-495 CATEGORY.- Audit DEPARTMENT.- Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 2, 2015. ✓ Vote Record - Resolution RES -2015-495 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ _ .-..,....._ ❑ .......... ... ❑ ❑ Defeated James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Tabled William P. Ruland Seconder, 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ El ❑ El Supervisor's Appt Louisa P. Evans Mover 0 ❑ 11 ❑Tax Receiver's Appt Scott A. Russell Voter 0 ❑ E]❑ ❑ Rescinded 0 Town Clerk's Appt June 2, 2015 Southold Town Board Meeting ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comment regarding resolution 495 Page 3 COUNCILMAN RULAND: Mr. Supervisor, I am going to recuse myself on the two items marked on the audit as there is a conflict of interest between the vendor and myself. 2015-496 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, Tnecrinv_ .Time 16_ 2615 at the IRmithnid Town Hnll- gnWhalrl- New York at 7.30 P- M- ✓ Vote Record - Resolution RES -2015-496 Q Adopted ............................ ....................... Yes/Aye _ No/Nay ...................._ Abstain ,.... ............ ......... Absent ❑ Adopted as Amended • Defeated ❑ Tabled Robert Ghosio Seconder 0 0• ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter lz ❑ ❑ El ❑Supervisor's Appt William P. Ruland Voter Rl El ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑Rescinded ❑ Town Clerk's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter R ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-497 CATEGORY. Surplus Equipment DEPARTMENT: Human Resource Center Declare HRC Fleet Vehicle Surplus Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the following HRC fleet equipment to be surplus equipment: 1997 Dodge Suburban — VIN# 2B4HB15XXVK593233 (N-14) Asset #2278 June 2, 2015 Southold Town Board Meeting Page 4 Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same- with a minimum bid of $300.00 V vote Record - Resolution RES -2015-497 El Adopted Yes/Aye No/Nay Abstain Absent • Adopted as Amended • Defeated 0 Tabled Robert Ghosio Voter 0 0 El 0 • Withdrawn James Dinizio Jr Mover Q0 0 0 0 • Supervisor's Appt William P. Roland Seconder Q0 0 0 0 • Tax Receiver's Appt Jill Doherty Voter Z 0 0 0 0 Rescinded • Town Clerk's Appt Louisa P. Evans Voter 0 El 0 El Scott A. Russell Voter Voter 0 0 0 • Supt Hgwys Appt • No Action • Lost 2015-498 CATEGORY: DEPARTMENT: SWMD Fee Refund Refund Solid Waste Management District It is hereby RESOLVED by the Southold Town Board that Juan Maldonado shall be issued a refund in the amount of $5.00 for a single-entry fee charged inadvertently at the Cutchogue Transfer Station on ADril 30, 2015. ,,' Vote Record - Resolution RES -2015-498 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended 0 Defeated El Tabled Robert Ghosio ----------------- Voter 121 0 0 ❑ 0 Withdrawn James Dinizio Jr Voter Z 0 0 0 0 Supervisor's Appt William P. Ruland Seconder 21 0 0 0 0 Tax Receiver's Appt Jill Doherty Mover Z 0 0 0 0 Rescinded 0 Town Clerk's Appt Louisa P. Evans Voter 2 El 0 ❑ 0 Supt Hgwys Appt Scott A. Russell Voter 0 0 0 0 0 No Action 0 Lost . . .... . ...... 2015-499 CA TEGOR Y.- Seqra June 2, 2015 Southold Town Board Meeting DEPARTMENT. Town Clerk SEAR Fishers Island Theatre Page 5 RESOLVED that the Town Board of the Town of Southold has determined that the proposed action to apply for Suffolk County Downtown Revitalization Grant Round 13 and provide funding to restore the Fishers Island Theatre, in-place and in-kind located on Fishers Island, New York is a Type II Action pursuant to 6 NYCRR Part 617.5(c)(21) and therefore not subject to SEQR review. ✓ Vote Record - Resolution RES -2015-499 2 Adopted _ ...... ,;.. ................. ... ......._.__ Yes/Aye .... No/Nay ... ,... ,.... .......... Abstain Absent ❑ Adopted as Amended • Defeated ❑ Tabled Robert Ghosio Voter D El El ❑ Withdrawn James Dinizio Jr Voter D ❑ El ❑Supervisor's Appt William P. Ruland Mover € ❑ ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑Rescinded Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter ❑ ❑ ❑ ❑ ❑ No Action ❑ Town Clerk's Appt ❑ Lost ........................... _..__...... _...... _ .......... .... ......... ........ _ ........ .......... ............................................ 2015-500 CATEGORY • Special Events DEPARTMENT: Town Clerk Fireworks Permit for Mattituck Lions Club RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to the Mattituck Lions Club, for a fireworks display on Friday June 19, 2015 at 10:45 PM and Saturday, June 20, 2015 at 10:45 PM at 9095 Sound Avenue Mattituck (Strawberry Fields) upon the payment of a single fee of $100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits. ✓ Vote Record - Resolution RES -2015-500 D Adopted _ ...... ,;.. Yes/Aye ... No/Nay . .......... .... Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder: 2 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter ❑ ❑ ❑ ❑ Tabled William P. Ruland Voter Rl ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Mover ❑ El ❑Tax Receiver's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt June 2, 2015 Southold Town Board Meeting ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-501 CATEGORY. • Public Service DEPARTMENT: Town Clerk Page 6 Approve the Issuance of a Fireworks Permit by the Town Clerk to the Mattituck Environmental for Fireworks Displays on July 4, 2015 RESOLVED the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to the Mattituck Environmentals, for fireworks displays on Saturday, July 4, 2015 on a private beach at 9205 Skunk Lane, Cutchogue upon the payment of a fee of $100, subject to the applicant's compliance with the requirements of the Town's policy reaardina the issuance of fireworks hermits and subiect to the aDDroval of the Town Attornev. ✓ Vote Record - Resolution RES -2015-501 El Adopted Yes/Aye No/Nay Abstain AbsentuT ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 21 ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder. 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-502 CATEGORY.- Employment - Town DEPARTMENT.- Accounting Police Department Appoint Traffic Control Officers RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2015-477 dated May 19, 2015 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the following to the June 2, 2015 Southold Town Board Meeting Page 7 position of Traffic Control Officer for the Southold Town Police Department, effective May 20, 2015 through September 20, 2015 at a rate of $16.46 per hour. Brian Cassidy Kayla Healy George Lessard III Patrick Robbins Alexander Sinclair ✓ Vote Record - Resolution RES -2015-502 M Adopted ............ ...._........_... ._.... ................ ... .. .. .... .................._ ..................... ....... ._.............. Yes/Aye .... _................... No/Nay ..... .... ... .... ....._.......... Abstain .... ... ........... . Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled_.... Robert Ghosio Voter _..........:._._._ Q ................ __ ❑ .. __................._.. ._ ❑ r.......... ❑ ❑ Withdrawn James Dinizio Jr Mover D ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑Rescinded Louisa P. Evans Seconder Q ❑ ❑ ❑ 11 Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-503 CATEGORY.• Refund DEPARTMENT. Town Clerk Refund Building Department RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $100.00 to Christopher Girzadas, 11 Poseidon Road, Rocky Point, NY 11778 for payment of a Pre -Existing Certificate of Occupancy that was not needed. ✓ Vote Record - Resolution RES -2015-503 Z Adopted Yes/Aye No/Nay Abstain .................. Absent ❑ Adopted as Amended • Defeated ❑ Tabled Robert Ghosio Voter Q ❑ El ❑ Withdrawn James Dinizio Jr Voter Rl El ❑ ❑Supervisor's Appt William P. Ruland Seconder: 0 ❑ ❑ 11 El Receiver's Appt Jill Doherty Mover 0 ❑ ❑ El ❑ Rescinded Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt H, -"s Appt Scott A. Russell Voter lZ ❑ ❑ ❑ ❑ No Action 0 Lost June 2, 2015 Southold Town Board Meeting 2015-504 CATEGORY. DEPARTMENT. Employment - Town Accounting Appoint Steven Sypher PT Court Officer Page 8 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2015-470 dated May 19, 2015 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Steven Sypher to the position of Part Time Court Officer for the Justice Court effective June 5, 2015 at a rate of 09 90 ner hnnr_ not to exceed 17.5 hours ner week. --'Vote Record -Resolution RES -2015-504 0 Adopted ........... _... _........._. ..._................... ......... Yes/Aye °....... _ .......................... No/Nay Abstain .... Absent ❑ Adopted as Amended ❑ Defeated ElTabled Robert Ghosio Voter ........ ... _........... 0 ........... ...;... 11 .....................;... ........ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ El El Supervisor's Appt William P. Roland Mover 0 ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Seconder 0 ❑ El ❑ Rescinded Louisa P. Evans Voter 0 ❑ O ❑ • Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-505 CATEGORY. DEPARTMENT. Authorize to Bid Town Clerk 457 Deferred Compensation Request for Bids RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise of bids for the 457 Deferred Compensation plan in the New York State Register and the Suffolk Time's. ✓ Vote Record - Resolution RES -2015-505 0 Adopted Yes/Aye No/Nay _ Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder; . ..................................................... 0 ❑ .................................. ❑ . ❑ ❑ Defeated .lames Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P. Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 0 11 0 June 2, 2015 Southold Town Board Meeting Page 9 ❑ Supervisor's Appt Louisa P. Evans Mover 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Mover Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-506 CATEGORY. Refund DEPARTMENT. • Town Clerk Clean- Up Deposit Refund WHEREAS that John Perez/Totem Creative DBA Sandbox Studios has supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00 on May 13, 2015 for their Photo Shoot and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, 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 John Perez/Totem Creative DBA Sandbox Studios 322 West 52nd Street 4339 New York. NY 10019. ✓ Vote Record - Resolution RES -2015-506 Q Adopted _................ ...... _ .. Yes/Aye _. No/Nay _... Abstain __.. Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover _........Q' ..............._....... _..._:........_... ❑ -.-......._....: ❑ ,_ ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ El ❑Supervisor's Appt William P. Ruland Voter Q ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-507 CATEGORY. Employment - Town DEPARTVIE,NT: Accounting June 2, 2015 Southold Town Board Meeting Acknowledges Retirement George Rohrbach Page 10 WHEREAS, the Town of Southold has received email notification on May 27, 2015 from the NYS Retirement System concerning the retirement of George Rohrbach effective June 30, 2015 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of George Rohrbach from the position of Auto Mechanic IV for the Highway Dennrtment effective June 30. 2015_ ✓ Vote Record - Resolution RES -2015-507 Q Adopted __., ._,..,._ .. _ _... ............__ .. _.__...:...._.. _ .._... _.._._.._____ Yes/Aye ._ No/Nay _ ...__....___.. Abstain ._.___ Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter -_ _..___.. Q _.. ..._ ❑ .............._,__.._. ❑ ....-_ ❑ ❑ Withdrawn James Dinizio Jr Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P. Roland Seconder Q ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Voter Q ❑ ❑ El ❑Town Clerk's Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-508 CATEGOR.Y.• Property Usage DEPARTMENT. Recreation Approve Use of Town Fields Resolved that the Town Board of the Town of Southold hereby grants permission for the All League Baseball & Mattituck Ospreys travel teams to use various town fields for their league games, subject to scheduling by the Southold Recreation Department and in accordance with the Application for Use of Southold Parks Facilities. Applicant must file with ' the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Appropriate fees for use of field will be charged as per the rules and regulations listed on the annlication for use of narks facilities. ✓ Vote Record - Resolution RES -2015-508 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter Q ...,........ .... ... __. ❑ .... ........ ...... ❑ :............ , .... ❑ ❑ Defeated James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tabled William P. Ruland Mover Q ❑ ❑ ❑ 0 Withdrawn .till Doherty Voter 0 0 ❑ ❑ June 2, 2015 Southold Town Board Meeting Page 11 • Supervisor's Appt • Tax Receiver's Appt • Rescinded • Town Clerk's Appt • Supt Hgwys Appt • No Action • Lost Louisa P. Evans Seconder 0 0 0 0 Scott A. Russell Voter Ef 0 .. ........................ . .... ..... - ... ...... .. 2015-509 CA TT GOR Y.• Employment - Town DEPARTAIENT. Recreation Hire Seasonal Summer Staff RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2015 seasonal summer staff for the period June 27 - September 7 as follows: STILLWATER LIFEGUARD Emily Gatz (1st year) ......................................... $12.17/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTOR) Emilv Gatz Q st vear) .......................................... $16.57/hour ,,' Vote Record - Resolution RES -2015-509 Z Adopted p Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended 0 Defeated • Tabled Robert Ghosio Seconder M 0 0 0 • Withdrawn James Dinizio Jr Voter M0 0 0 0 Supervisor's Appt William P. Roland Voter 0 0 11 ❑ • Tax Receiver's Appt Jill Doherty Voter El 0 El El • Rescinded Louisa P. Evans Mover 0 El El 0 • Town Clerk's Appt • Supt Hgwys Appt Scott A. Russell Voter Rl El 0 0 • No Action 10 Lost .......... . ... .... . ...... . .... ...... . . .... . — . ... ...... ..... ..... 2015-510 CA TEGOR Y. Bid Acceptance DEP, I R TUEN, T.- Police Dept Police Dept -Accept Bid June 2, 2015 Southold Town Board Meeting Page 12 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Bill Gaffga for the following PD Marine equipment in accordance with the Town Attorney. Simrad Radar Dome (Model RB714A) and Display (Model RF717A) in the amount of $300 Ray Marine C-80 GPS Display in the amount of $300 ✓ Vote Record - Resolution RES -2015-510 RI Adopted .._.................. .._.........._....._... Yes/Aye No/Nay Abstain ....... ,.. Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio James Dinizio Jr Mover Voter .... ............. _._............ D El ❑ ❑ ❑ ❑ ❑ ❑ ❑ Withdrawn 11 Supervisor's Appt William P. Ruland Voter Rl ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter 0 11 ❑ ❑Rescinded Louisa P. Evans Seconder lz ❑ El ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ s ❑ ❑ ❑ No Action ❑ Lost 2015-511 CATEGORY: DEPARTMENT. Surplus Equipment Police Dept Police Department -Surplus Marine Equipment ' RESOLVED that the Town Board of the Town of Southold hereby declared the following equipment to be surplus equipment: Simrad Radar Dome (Model RB714A) with mount and Simrad Display (Model RF717A) WHEREAS the Town Clerk advertised for bids for said surplus equipment and received none, now therefore be it RESOLVED that the referenced marine equipment is declared surplus equipment and will be disposed of. ✓ Vote Record - Resolution RES -2015-511 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Mover z ❑ ❑ ❑ ❑ Tabled William P. Ruland Voter 10 ❑ ❑ ❑ [I Withdrawn Jill Doherty Voter 1 ❑ ❑ ❑ 0 Supervisor's Appt ZZI Louisa P. Evans Seconder 0 0 ❑ ❑ June 2, 2015 Southold Town Board Meeting Page 13 ❑ Tax Receiver's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-512 CATEGORY. • Property Acquisition Public Hearing DEPARTMENT: Land Preservation PH 6/16/15 7:34 Pm Edwards (PLT) DRE Purchase RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund), Chapter 70 (Agricultural Lands) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, June 16, 2015, at 7:34 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Elbert T. Edwards and Harriet L. Edwards (Peconic Land Trust, Incorporated, as contract vendee). Said property is identified as SCTM #1000-20.-3-6.2. The address is 36930 NYS Route 25 in Orient. The property is located in the R-80 and R-200 zoning districts and is situated on the southerly side of NYS Route 25, directly opposite Greenway East Road in Orient, New York. The proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 20.6± acres (subject to survey). The development rights easement will limit the use of the property to that of passive open space and/or agricultural production as set forth in the easement. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, agriculture, and wetland protection purposes. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and Peconic Land Trust, Incorporated, as contract vendee. The easement will be acquired using Community Preservation Funds. The purchase price is $700,000 (seven hundred thousand dollars) for the entire 20.6± acre easement plus acquisition costs. 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. ✓ Vote Record - Resolution RES -2015-512 0 Adopted Yes/Aye No/Nay _ Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 O ❑ ❑ ❑ Defeated .Tames Dinizio Jr Voter R1 ❑ 0 0 June 2, 2015 Southold Town Board Meeting Page 14 ❑ Tabled William P. Ruland Seconder Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Mover Q ❑ ❑ ❑ ❑ Rescinded ❑ Supervisor's Appt William P. Roland Mover Q ❑ ❑ ❑ Town Clerk's Appt [I Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ Supt Hgwys Appt ❑Rescinded ❑Town Clerk's Appt Louisa P. Evans Seconder' Q. ❑ ❑ No Action ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ Lost ❑ ❑ No Action 2015-513 CATEGORY. Public Service DEPARTMENT. Town Clerk Appoint Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints David C. Burnham as a Temporary Marriage Officer for the Town of Southold, on Saturday, June 20, 2015 only, to serve at no comnensation_ ✓ Vote Record - Resolution RES -2015-513 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter Q _._ ❑ _..._........ ..__.........,._....,.. ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ El ❑ Supervisor's Appt William P. Roland Mover Q ❑ ❑ ❑ [I Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑Rescinded ❑Town Clerk's Appt Louisa P. Evans Seconder' Q. ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-514 . CATEGORY. Trailer Permit DEPARTMENT.Town Clerk Special Trailer Permit of Beds & Borders, Inc. RESOLVED that the Town Board of the Town of Southold hereby grants approval of a special trailer permit application of Bed & Borders, Inc., 600 Laurel Lane, Laurel, NY June 2, 2015 Southold Town Board Meeting Page 15 11948 for a period of six (6) months from date of issuance to locate a trailer for agricultural purposes on property located at 600 laurel Lane, Laurel, NY 11948, SCTM#1000-127-2-2.1 to be used solely for the purpose of Night Watchman and Emergency Greenhouse Manager. ✓ Vote Record - Resolution RES -2015-514 19 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Defeated ❑ Tabled Robert Ghosio Seconder 0 ❑ El ❑ Withdrawn James Dinizio Jr Voter 0 ❑ El ❑ Supervisor's Appt William P. Roland Voter 0 ❑ ❑ 11❑ ❑Tax Receiver's Appt Jill Doherty Voter 21 ❑ El ❑ ❑Rescinded ❑ Town Clerk's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Supt Hgwys Appt ❑ Lost 2015-515 CATEGOR.Y.• Employment - Town DEPARTMENT: Accounting Appoint Provisional Building Permits Examiner WHEREAS the Town of Southold has exhausted the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Building Permits Examiner, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Building Permits Examiner position for the Building Department with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Amanda M. Nunemaker to the position of provisional Building Permits Examiner for the Building Department, effective June 3, 2015 at a salary of $52,082.18 per annum. ✓ Vote Record - Resolution RES -2015-515 21 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio . Mover d ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt June 2, 2015 Southold Town Board Meeting ❑ No Action ❑ Lost 2015-516 CATEGORY.- Contracts, Lease & Agreements DEPARTMENT.Town Attorney Agreement W/Suffolk County - Youth Services for 2015 Page 16 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2015 Southold Town Youth Services Agreement with the County of Suffolk, in the amount of $9,063.00, for the term January 1, 2015 through December 31. 2015. subiect to the annroval of the Town Attornev. ✓ Vote Record - Resolution RES -2015-516 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder. 0 ❑ ❑ El ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-517 CATF, GOR .Y.• Employment - Town DEPARTMENT: Accounting Amend Resolution Number 2015-479 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2015-479 dated May 19, 2015 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the following to the position of Seasonal Police Officer for the Town of Southold Police Department, effective May 20, 2015 through September 20, 2015 at a rate of $20.81 per hour. June 2, 2015 Southold Town Board Meeting Steven Ficner Shawn Williams Page 17 ✓ Vote Record - Resolution RES -2015-517 0 Adopted ___.__,,..,,. ..... .. ,..,. Yes/Aye __.....................__ No/Nay .. Abstain _..._,... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ._ ................._........_.......__...... ❑ .. .'. ❑ ... ............ _.........._ ..... ❑ ❑ Withdrawn James Dinizio Jr Voter 0 11 11 ❑Supervisor's Appt William P. Ruland Seconder 0 ❑ ❑ 11❑ ❑Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑Rescinded Louisa P. Evans Voter 0 El ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-518 CATEGORY. • Public Service DEPARTMENT: Recreation Petty Cash for Summer Seasonal Employees Resolved that the Town Board of the Town of Southold authorize Southold Town beach attendants (7 employees) and beach managers (2 employees) to be' supplied with a petty cash fund in the amount of $75.00 per person to enable them to make change for non-resident beach permits. All employees will be required to return this petty cash to the town clerk's office at the conclusion of the beach season. Check in the amount of $675.00 to be made payable to Kenneth Reeves; said charge to be made to A210. Pettv Cash. ✓ Vote Record - Resolution RES -2015-518 0 Adopted _....._. _ _ .___.., ., ,. _- _.... Yes/Aye No/Nay „.. ..............., Abstain ..........,,..,,.. _ Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ El ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Seconder Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 11 ❑ El Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action 13 Lost June 2, 2015 Southold Town Board Meeting . .............. ........... 2015-519 CATEGORY. Special Events DEPARTMENT. Town Clerk Yard Sale - North Fork Animal Wlefare League Page 18 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Animal Welfare League to hold a Yard Sale on June 6, 2015 from 7:00 am to 2:00 pm at the Southold Town Animal Shelter, 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 -un Debosit. are waived. ✓ Vote Record - Resolution RES -2015-519 0 Adopted Yes/Aye No/Na_....y _ _;..._... Abstain .._...._ Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Mover 0 ❑ 11O ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ El Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-520 CATEGORY. Landfill Misc. DEPARTMENT. Solid Waste Management District Compost for Cornell Cooperative Extension WHEREAS the Cornell University Long Island Horticultural Research & Extension Center in Riverhead is engaged in a 4 year organic, reduced till, soil amendment project to assess the benefits of organic composts to local soils; and, WHEREAS the Center has analyzed samples of compost from the Southold Town Compost facility and found the samples acceptable and useful for said project; and, WHEREAS results of the project will provide information beneficial to the residents of the Town of Southold and others on the impacts of using compost with regard to soil chemistry, weed assessments, and yield information among other data; June 2, 2015 Southold Town Board Meeting Page 19 The Town Board of the Town of Southold hereby AUTHORIZES the donation of approximately 5 cubic yards of compost from the Southold Town Compost facility for said project. ✓ Vote Record - Resolution RES -2015-520 Q Adopted — ... .......... ..... .... ... ._.... __. Yes/Aye ._...... No/Nay ....., ..... Abstain Absent ❑ Adopted as Amended El Defeated ❑ Tabled Robert Ghosio _... Seconder: __---- 0 El ---..:..__ -- ❑ ❑ Withdrawn .lames Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter D ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty € Voter D ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Mover Q ❑ ❑ ❑ ❑Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter R1 ❑ ❑ ❑ ❑ No Action ❑ No Action ❑ Lost 0 Lost 2015-521 CATEGORY. DEPARTMENT: Mulch Pricing Landfill Misc. Solid Waste Manageinent District WHEREAS on November 18, 2014 the Town Board authorized a reduction in the price for volume based sale of woodchip mulch from the Southold Town Compost facility until further notice to reduce the overabundance of accumulated woodchips resulting from the processing of tree debris from Hurricane Irene, Super Storm Sandy, and other events; and WHEREAS that reduction has now been achieved, it is hereby RESOLVED by the Town'Board of the Town of Southold that the price of woodchip mulch shall be set at its former price of $9/cubic yard effective June 10, 2015. ✓ Vote Record - Resolution RES -2015-521 0 Adopted _.....__ ._ .., ...__._—.._.... ...._...... Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland I Voter [21 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost June 2, 2015 Southold Town Board Meeting 2015-522 CATEGORY. Refund DEPARTMENT. Town Clerk Various Clean Up Deposits Page 20 WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, 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 following: Name Date Received American Heart Association 3/31/15 125 East Bethpage Road, Suite 100 Plainview NY 11803 John Acquaro 2/5/15 2539 Ocean Avenue Ronkonkoma, NY 11779 Griswold Terry Glover 4/9/15 PO Box 591 Southold, NY 11971 American Cancer Society 2/4/15 Service Business Center 8400 Silver Crossing Road Oklahoma OK 73132 Mattituck-Laurel Library 5/7/15 Po Box 1437 Mattituck. NY 11952 ✓ Vote Record - Resolution RES -2015-522 0 Adopted _...:..... _.. _...... .. .... .................... _........... ......... ......... Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended 11 Defeated Robert Ghosio Voter 0 ❑ El ❑ El Tabled James Dinizio Jr Mover 10 0 El ❑ June 2, 2015 Southold Town Board Meeting Page 21 ❑ Withdrawn William P. Ruland Seconder Q 11 ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Voter 1 Q ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost El Supervisor's Appt William P. Ruland Seconder: Q ❑ ❑ 2015-523 CATEGORY. Public Service DEPART.VENT.• Special Projects Coordinator Intern Special Projects Coordinator RESOLVED the Town Board of the Town of Southold hereby appoints Erin Creedon as an intern in the Southold Town Supervisor's office working with the Special Projects Coordinator to develop and implement marketing materials of Town programs and services, effective June 8th Ms. Creendon will serve in this capacity without compensation. ✓ Vote Record - Resolution RES -2015-523 Q Adopted .. .................. ......_.__...................._....._.............__.................._...,. Yes/Aye ... ...... ..... ..._......_. No/Nay ................... _.._.._.._,._.... Abstain .............. ................... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ El Supervisor's Appt William P. Ruland Seconder: Q ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Mover Q ❑ 11 ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-524 CATE, GORY.• Close/Use Town Roads DEPARTMENT. Town Clerk Little League Parade Financial Impact: Police Department cost for the event $158.72 June 2, 2015 Southold Town Board Meeting Page 22 RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork/Southold Little League Baseball & Softball to hold its Closing Ceremony and Parade in Peconic on Saturday, June 13, 2015, line up beginning at 11:30 AM at the Recreation Center parking lot, stepping off at 12:00 and marching along Peconic Lane and Carroll Avenue to the ball fields, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Support is for this year only. Application fees for this event have been waived, with the exception of the clean up fee. ✓ Vote Record - Resolution RES -2015-524 0 Adopted _ ............ ..... ..... .......... ._...._........ ....... ...... ......... ._...._.__.... .._._. ......_....... .. Yes/Aye ........... _....__._._._..... No/Nay .......... .._.._..:._......... Abstain .......... ... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter D ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ El ❑ Supervisor's Appt William P. Ruland Mover D ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-525 CATEGORY. Contracts, Lease & Agreements DEPARTMENT: Town Attorney Change Order #1 W/Aventura Construction - Hwy Yard Fuel Dispensing Facility Project RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the Town of Southold Highway Yard Fuel Dispensing Facility Project Contract with Aventura Construction Corp. in the net amount of $6,052.50, pursuant to their Change Order Form dated May 13, 2015, subject to the approval of the Town Engineer and Town Attorney. ✓ Vote Record - Resolution RES -2015-525 0 Adopted _............... ....... Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ El Supervisor's Appt William P. Ruland Voter 0 ❑ El ❑Tax Receiver's Appt Jill Doherty i Voter 0 ❑ ❑ El ❑ Rescinded ❑Town Clerk's Appt Louisa P. Evans Mover 0 ❑ ❑ El ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost June 2, 2015 Southold Town Board Meeting Page 23 2015-526 CATEGORY: Close/Use Town Roads DEPARTIVIENT: Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Mattituck Street Fair Financial Impact: Total Police Department Cost for Event = $362.12 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair and to close down Love Lane and Pike Street, east and west of Love Lane, Mattituck on Saturday July 11, 2015 from 7:00 AM to 5:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as addition insured for two million dollars and comply with all the conditions of the Town's Policy for Special Events on Town Properties. All fees shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ✓ Vote Record - Resolution RES -2015-526 Adopted - Yes/Aye No/Nay Abstain Absent El Adopted _ Yes/Aye _...................._... No/Nay _. _ ......... Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover Rl ❑ ❑ ❑ ❑Withdrawn James Dinizio Jr Voter 0 1111❑ ❑Supervisor's Appt William P. Roland Voter Q ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder.. El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-527 CATEGORY: Equipment DEPARTMENT. Accounting Transfer Vehicle from Central Garage to HRC RESOLVED that the Town Board of the Town of Southold hereby transfers Asset 2913, a 2003 Chrysler Voyager, Tag no. N5, from Central Garage to Programs for the Aging effective immediately. ✓ Vote Record - Resolution RES -2015-527 Adopted - Yes/Aye No/Nay Abstain Absent June 2, 2015 Southold Town Board Meeting Page 24 • Adopted as Amended Robert Ghosio Voter 0 0 0 0 • Defeated James Dinizio Jr Mover 21 0 11 El • Tabled William P. Ruland Voter lZ 0 0 0 • Withdrawn Jill Doherty Seconder Z 0 0 0 • Supervisor's Appt Louisa P. Evans Voter lZ El 0 0 • Tax Receiver's Appt Scott A. Russell Voter lZ 0 0 0 • Rescinded [I Rescinded • Town Clerk's Appt Louisa P. Evans Voter • Town Clerk's Appt • Supt Hawys Appt Scott A. Russell Voter • Supt Hgwys Appt • No Action 0 Lost 2015-528 CATEGORY. DEPARTMENT: Authorize to Bid Highway Department Road Treatment Bid 2015-16 Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for various road treatment bids including Type 6 Hot Mix Asphalt & Oil /stone for the calendar vear 2015-16. ,-' Vote Record - Resolution RES -2015-528 0 Adopted ................ .. . ..... . .... .. ....... .................... ........... Yes/Aye ........ ......... . No/Nay . . . .. ...... Abstain . ............. ......... ...... Absent • Adopted as Amended • Defeated 0 Tabled Robert Ghosio Voter lZ . . . . . ......... 0 ........ ... ..... 0 0 11 Withdrawn James Dinizio Jr Voter D 0 0 0 • Supervisor's Appt William P. Ruland Seconder:. 0 • Tax Receiver's Appt Jill Doherty Mover 00 El 0 [I Rescinded • Town Clerk's Appt Louisa P. Evans Voter • Supt Hawys Appt Scott A. Russell Voter El No Action 0 Lost 2015-529 CATEGORY. Employment - Town DEPARTMENT.• Accounting Appoint Steven Grattan to Police Sergeant RESOLVED that the Town Board of the Town of Southold hereby appoints Steven Grattan to June 2, 2015 Southold Town Board Meeting Page 25 the position of Police Serlzeant for the Police Department, effective June 3, 2015, at an annual base salary of $130,170.00. ✓ Vote Record - Resolution RES -2015-529 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled_.... Robert Ghosio Voter 0 ❑ __..__...,.._ ❑ ............................. ❑ ❑ Withdrawn James Dinizio Jr Voter 0 i ❑ ❑ ❑ El Supervisor's Appt William P. Roland Seconder 0 i ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑Rescinded Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-530 CATEGORY.- Local Law Public Hearing DEPARTMENT.- Town Attorney PH 6/30/15 @ 4:32 PM LL/Chapter 197 Amendments - Peddlers WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of June, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 30th 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 197, Peddlers, Solicitors and Transient Retail Merchants" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 197 of the Code of the Town of Southold is hereby amended as follows: June 2, 2015 Southold Town Board Meeting §197-6. Application for license. Page 26 Any person desiring a license under this chapter shall first register with the Town Clerk of the Town of Southold and shall file with said Town Clerk an application, in writing, containing the following information: F. Two recent photographs of the applicant, approximately 2 t/2 inches by 2 t/2 inches in size. together- it , complete set of fi ,,o,.,,,fints M. In the event that any other license or permit shall be required by any other governmental agency in connection with the applicant's business, it shall be produced by the applicant, and a copy of same shall be submitted with the application. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓ Vote Record - Resolution RES -2015-530 Q Adopted .... ------..................----- ..... ..... ... .......................... Yes/Aye .................. ............. No/Nay i ....... ._.... ........................ Abstain ......_ __.._........ Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter ......._._ .................................... Q .. 11 El ❑ El Withdrawn James Dinizio Jr Voter Q ElEl❑ ❑Supervisor's Appt William P. Ruland Mover Q ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑Rescinded Louisa P. Evans Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-531 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney June 2, 2015 Southold Town Board Meeting Authorize Execution of Settlement Agreement & Payment in Tom Doherty Litigation Page 27 RESOLVED that the Town Board of the Town of Southold hereby authorizes the settlement of the litigation entitled "Thomas Doherty v. Town of Southold, et al.", and further authorizes Supervisor Scott A. Russell to execute the Settlement Agreement and Release, subject to the approval of the Town Attorney, and further authorizes payment in the sum of $5,000 to Plaintiff in full settlement of all claims asserted against the Town of Southold. ✓ Vote Record - Resolution RES -2015-531 0 Adopted Yes/Aye No/Nay '. Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio ,....... Seconder _.... _._.................................. Rl _._... _................... ... ❑ ❑ ..................... _... ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑Rescinded ❑ Town Clerk's Appt Louisa P. Evans Mover 19 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-532 CATEGORY. • Committee Appointment DEPARTMENT. • Town Attorney Establish Southold Town Code Committee RESOLVED that the Town Board of the Town of Southold hereby establishes the Southold Town Code Committee and appoints the following members to serve on said Committee, effective June 2, 2015: Supervisor Scott A. Russell Councilman William Ruland Councilman James Dinizio, Jr. Councilwoman Jill Doherty Councilman Robert Ghosio Justice Louisa Evans Town Attorney William Duffy Planning Board Chairman Donald Wileenski and/or designee Planning Director Heather Lanza and/or designee Chief Building Inspector Michael Verity and/or designee and be it further, June 2, 2015 Southold Town Board Meeting Page 28 RESOLVED that the Town Board of the Town of Southold hereby appoints Supervisor Scott A. Russell to serve as Chairman of the Southold Town Code Committee. ✓ Vote Record - Resolution RES -2015-532 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio ..................................... Mover Q ❑ _ ......... _... ❑ ..... ,.,........... . ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Voter Q ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Seconder Q ❑ ❑ El ❑Town Clerk's Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-533 CATEGORY. • Bond DEPARTMENT: Town Clerk Resolution And order After Public hearing WHEREAS, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, in the Town (herein called the "District"), has determined that it is in the best interests of the District to increase and improve the facilities of the District, by the acquisition of a front end wheel loader and a self-propelled windrow turner at the aggregate estimated maximum cost of $850,000, pursuant to Section 202-b of the Town Law; and WHEREAS, the Town Board adopted an order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on June 2, 2015 at 4:30 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on June 2, 2015 at 4:30 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; WHEREAS, grant funds are expected to be received by the Town from the State of New York and may also be received from other sources in connection with the project described herein, and any such grant funds shall be authorized to be applied toward the cost of June 2, 2015 Southold Town Board Meeting Page 29 said project or redemption of the Town's bonds or notes issued to finance the project, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act ("SEQRA") has found and determined that the project is a Type II Action and no further environmental review is required; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $850,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the District, with the assistance of the Town Attorney, shall prepare a proposed contract for such increase and improvement of facilities of the District, which proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: June 16, 2015 (SEAL) TOWN BOARD OF THE TOWN OF SOUTHOLD ✓ Vote Record - Resolution RES -2015-533 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated 0 Tabled ❑ Withdrawn Robert Ghosio Voter D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 13 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P. Ruland Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Next: 6/16/15 7:30 PM 2015-534 CATEGORY: Bond .DEPARTMENT: Town Clerk June 2, 2015 Southold Town Board Meeting DSW Bond Resolution Page 30 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 16, 2015, APPROPRIATING $850,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $850,000 TO FINANCE SAID APPROPRIATION Recital . WHEREAS, after a public hearing duly called and held, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York determined that it is in the public interest to increase and improve the facilities of the Southold Solid Waste Management District (referred to herein as the "District"), and ordered that such facilities be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $850,000 for the increase and improvement of facilities of the District, consisting of the acquisition of a front end wheel loader and a self-propelled windrow turner. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $850,000. The plan of financing includes the issuance of bonds in the principal amount of $850,000 to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited by such increase and improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the increase and improvement shall confer upon the same. Grant funds are expected to be received by the Town from the State of New York and may also be received from other sources in connection with the project described herein, and any such grant funds shall be authorized to be applied toward the cost of said project or redemption of the Town's bonds or notes issued to finance the project, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $850,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to June 2, 2015 Southold Town Board Meeting Page 31 reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal .of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if - (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in "The Suffolk Times, " a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. ✓ Vote Record - Resolution RES -2015-534 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter Q ❑ ❑ -- ❑ ❑ Defeated James Dinizio Jr Voter Q ❑ ❑ ❑ Q Tabled William P. Ruland Mover Q ❑ ❑ ❑ 0 Withdrawn Jill Doherty Seconder Q 11 11 11 June 2, 2015 Southold Town Board Meeting Page 32 ❑ Supervisor's Appt Louisa P. Evans Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Next: 6/16/15 7:30 PM 2015-535 CATEGORY. Seqra DEPARTMENT: Town Attorney SEQRA LL/Transient Rental Properties RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistencv Review. ✓ Vote Record - Resolution RES -2015-535 Q Adopted ................................ _............................... ....................... ..................,..,............._....... ...._.......... . Yes/Aye No/Nay ........ ..... _.._.-....... Abstain .... ,.................. ................. Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter Q ❑ ❑ ❑ El Withdrawn James Dinizio Jr Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter Q ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Seconder: Q ❑ ❑ ❑ ❑Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Mover Q ❑ ❑ ❑ ❑ No Action ❑ Lost Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 4:58 PM in order to hold public hearings. June 2, 2015 Southold Town Board Meeting Page 33 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell VI. Public HearinjZs 1. DSW Equipment Bond - 6/2/15 4:30 pm COUNCILMAN GHOSIO: WHEREAS, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, in the Town (herein called the "District"), has determined that it is in the best interests of the District to increase and improve the facilities of the District, by the acquisition of a front end wheel loader and a self-propelled windrow turner at the aggregate estimated maximum cost of $850,000, pursuant to Section 202-b of the Town Law; and WHEREAS, the Town Board adopted a resolution describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all per interested in said increase and improvement of facilities on June 2, 2015 at 4:30 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on this June 2, 2015 at 4:30 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; WHEREAS, grant funds are expected to be received by the Town from the State of New York and may also be received from other sources in connection with the project described herein, and any such grant funds shall be authorized to be applied toward the cost of said project or redemption of the Town's bonds or notes issued to finance the project, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act ("SEQRA") has found and determined that the project is a Type II Action and no further environmental review is required; Now, therefore, on the basis of the information given at such hearing, it is hereby June 2, 2015 Southold Town Board Meeting Page 34 DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $850,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the District, with the assistance of the Town Attorney, shall prepare a proposed contract for such increase and improvement of facilities of the District, which proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. I have here an affidavit of posting that this was posted on the official bulletin board of the Town. I have an affidavit of publication of this hearing in the Suffolk Times. And that's it. Supervisor Russell SUPERVISOR RUSSELL: That's it? Okay, before I take public comment, if any, on this particular local law, can I bring chairs in for people? Okay? We are good. Okay. Alright, what we should do is, I am going to go to the public comment portion of this law. This is for the purchase of two capital pieces of equipment at the Solid Waste District. Would anyone like to comment on this particular local law? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice . SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 2. PH 6/2/15 @ 4:32 PM LL/Transient Rental Properties COUNCILMAN GHOSIO: Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21 s` 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.", and Notice is hereby further given 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 June 2, 2015 Southold Town Board Meeting Page 35 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 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 ) nights and shall not include: 1. A dwelling unit lawfully and validly permitted as an accessory partment in accordance with §280-13(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 legally oberatina 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 June 2, 2015 Southold Town Board Meeting Page 36 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 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. June 2, 2015 Southold Town Board Meeting Page 37 (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. I. 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 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. And that is the notice of public hearing. I do have here an affidavit of posting that this hearing has been noticed in a public place in the Town of Southold, on the Town Clerk's bulletin board. I have an affidavit of publication from the Suffolk Times for the same hearing. We have here a letter received from the Department of Economic Development and Planning from Suffolk County that pursuant to the requirements of section A 14-25 of the Suffolk county administrative Code the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant county -wide or inter -community impacts. A decision of local determination should June 2, 2015 Southold Town Board Meeting Page 38 not be construed as either an approval or disapproval. This is a notice from the Planning Board. The Planning Board supports the legislation based upon the following: 1. The minimum rental term limit of seven nights will protect the quality of life of residents of adjacent properties by eliminating the high turnover of occupants of rental properties. The protection of quality of life of residents is. a town goal. It is our understanding that the Town Code sections will address adverse impacts of noise and parking for violations of over -occupancy or no certificate of occupancy on a case by case basis, further protecting the quality of life and the community character of the neighborhoods. Again, that was from the Planning Board. We have another memorandum from the Planning Board, from the LWRP coordinator, that the proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6 NYCRR part 617 of the State Environmental quality review and it is my determination that pursuant to this part that it is a type II action and therefore not subject to a SEQRA review. Under 615.5 C 20, for routine or continuing agency administration and management not including new programs or major re -ordering of priorities that may affect the environment. I also have a memorandum from the LWRP program coordinator, that the proposed local law has been reviewed according to chapter 268 for Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Policy standards. Based upon the information provided to this department, as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore consistent with the LWRP. And for the record, we have received a good many letters and correspondence via email and snail mail of which they will be made part of the record, there are 45 altogether and rather than reading them verbatim which would probably take a couple of hours, I will just read off the names of the folks so that their names are on the record and they will be aware that their letters have been inserted in the record and have all been read by the Town Board. Peter Aronson LLC; Joyce Beckenstein, Miriam Bissu, Mary Butz, Judy Clark Diane Clemente, Lisa Cradit, Kathleen Albertson DePetris, Scott DePetris, Paul & Loretta Dombrowski, Carole Donlin, William Douglas, James Duggan, Kathleen Dwyer, Mimi Ellis, Abigail Field, Mary Gabriel, Grace & Peter Gorman, Tom Gluck, Adrienne Greenberg, Mike and Grace Griffin, Suzanne Hand, Arthur Holukas, Robin Imandt, Ken and Judith Korsh, Michael P. Lesser PhD, Valerie Malley, Carol Greene Mavity, Kim McKeon, Stephen Meshover, Anne Murray, North Fork Environmental Council, Roy Olsen, Vincent and Susan Panotten, Deborah Pittorino, Diane Radovich, Laurie Rodger, Ann and Michael Sande, Kenneth L. Stein, Janice Sweet, Joseph Todd, John Viteritti, Ellen Wexler, Rena and Barry Wiseman and Ellen Zimmerman. To those folks, we appreciate you taking the time to write us letters. RESULT: CLOSED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: If you didn't hear your name or the name of someone you knew that wrote a letter, I have been receiving just over the past few hours, several others and I will make sure those are incorporated in the public record. Yes, if you didn't hear your name then by all means, submit another copy to us. Just so you know, we have been getting deluged with for and against, we are doing the best we can.... June 2, 2015 Southold Town Board Meeting Page 39 Unidentified UNIDENTIFIED: Are these persons for or against? SUPERVISOR RUSSELL: It represents both spectrums. These are just people that have offered comment, it is silent on the issue of whether they are for or against it. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: It is a varied group. UNIDENTIFIED: Inaudible. COUNCILMAN GHOSIO: We have got them, we received them. SUPERVISOR RUSSELL: It is far from a comprehensive list. We are gathering as best we can. JUSTICE EVANS: It is probably a list that was gathered after we publicized the public hearing date. Letters we got before probably aren't included in this. I think the list is probably compiled since we noticed the public hearing. Letters that were received before that are probably not included on this list. TOWN CLERK NEVILLE: Everything I received, people may have some more they have to give me. SUPERVISOR RUSSELL: It is not comprehensive. We will make sure we gather up together all the letters we can. UNIDENTIFIED: Would you suggest that those of us that did send previously, some of us have been working on this for over a year, that we resend it? SUPERVISOR RUSSELL: Yes, feel free to resend it to the Town Clerk. COUNCILWOMAN DOHERTY: Either that or speak today and that will be put on the record. UNIDENTIFIED: Okay. There are some people whose names I did not hear who could not attend today. COUNCILMAN DOHERTY: And we have read but if you want them part of the record, send them back but if you are here and you don't have your letter, just come up and speak and that will be part of the record. SUPERVISOR RUSSELL: We will do everything we can to incorporate all written correspondence. UNIDENTIFIED: Inaudible. June 2, 2015 Southold Town Board Meeting Page 40 SUPERVISOR RUSSELL: We had requests from people to read their letters into the record. I am talking about dozens and that is just an unworkable solution for a public hearing, to sit here and read letters verbatim over and over again. We will discuss with the Town Attorney on how best to incorporate those comments in as part of the public record. But like I said, this is not a comprehensive list, this is an ongoing list. COUNCILWOMAN DOHERTY: But everybody up here has gotten a copy of every letter that has been emailed to us and we have all read them. Yes, we have all seen them. COUNCILMAN GHOSIO: And some of the letters that we have received, a good many of them frankly, were received before we even developed a law to put on for public hearing. So those letters would have been, in my opinion, general correspondence that led up to this point. SUPERVISOR RUSSELL: Alright, if we... UNIDENTIFIED: Inaudible comments. SUPERVISOR RUSSELL: I don't want to sound flippant but it is not going to be, we are not, we are trying to take in all public comment for and against or some modified versions. It is up to each Town Board member how they want to weigh those comments. UNIDENTIFIED: Wouldn't it be pertinent for you to understand what the community needs and preferences are? Aren't you voting for as a.... SUPERVISOR RUSSELL: Absolutely but to have a tally of who voted for it or who opposed it, you know, 37-20, it is not going to serve a purpose. The contents of those emails is what serves the purpose. And that is taking that content to heart. That is what serves the purpose. COUNCILWOMAN DOHERTY: And what Scott said before, a lot of the letters don't say whether I am for or against, they are just offering their opinion as to why they would rather see seven days versus 14 days and so it is not as easy to say, okay, this one if for and this one is against because some of them aren't written that way. UNIDENTIFIED: Inaudible... but I need the clarification, seven days of continuous... SUPERVISOR RUSSELL: What it proposed in the local law, not less than seven nights. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Yes, you cannot rent for less than seven nights. Any lease would have to.... UNIDENTIFIED: Inaudible. June 2, 2015 Southold Town Board Meeting Page 41 SUPERVISOR RUSSELL: What we will do is all of the specific questions with regard to the specific law we'll try to answer as the public hearing is under way but I would like to move the public hearing forward. Let me just set some ground rules, we don't put time limits on people but we are going to ask just out of respect for everyone to please be as succinct as you can tonight. We would greatly appreciate it. With that, John, would you like to go? John Kramer JOHN KRAMER: John Kramer of Greenport. Just by way of background, I have rental houses in Riverhead, Southold and also in Greenport Village. Some of my long term tenants have been with me over 16 years, some 12, some 7. My short term tenants are the nicest, brightest, most accomplished, respectful people I have ever met. I wish my kids would marry some of them. For instance, a family from Germany I am speaking to, I am speaking to teachers from New York City, playwrights from New York City, composers from New York City. These people aren't disturbing people, they are coming out here to spend money and enjoy our North Fork. My feeling is that the issues that everybody is worried about are landlord problems, not tenant problems. That is where I am coming from. Thank you for addressing this rental housing issue, I apologize for not getting involved earlier. As it stands, it seems to me you are addressing one area of public complaint, mostly noise ordinance non -enforcement and ignoring the more serious issues of life and safety resulting from over -crowding and substandard housing. It seems to me one well thought out rental law could solve all the problems at once. So, if I were king, if you rent a house in the town of Southold, you must have a rental permit. A permit requires an inspection which results in the town having the contact info of the owner and the agent. A copy of the floor plan and town approves the maximum number of occupants in the case of a year round rental, the names and ages of all tenants. Verification that the heating, electrical, plumbing and septic system is adequate. Verification that there are sufficient smoke detectors, CO2 detectors and that the cooking facilities are safe and sanitary. In the Town of Riverhead, such a permit is a two year permit and costs $150. Every two years, my houses are inspected. If the house is a short-term rental, the same building info is gathered and a permit is issued for the occupancy of the maximum number of so many guests and so many bedrooms. All according to building code. Now, every rental house in town has a permit and it can be withdrawn, non - renewed for non-compliance. The rental law can be written to reiterate all of the complaints that you are going to hear tonight, noise ordinance, parking, light requirements, all the applicable issues surrounding an owners and a neighbors right to quiet enjoyment. That's what we all look for, a right for quiet enjoyment. The law stipulates the penalty for non-compliance, two strikes, three strikes, you are out because you are a bad landlord, you don't enforce your own rules, you allow disrespectful tenants. So now the Board is in a position where they are controlling landlords. You can't control the tenancy. This does not require the town to try to micro -manage the rental business. Passing a law that a tenant must remain at a house for a certain number of days is unenforceable. You can't put a GPS tag on my tenant that I rented to for 7 days and he went to Montauk and loved it and stayed there for two. What are you going to do about that? and what's the harm? If an emergency at work calls him back early, what's the harm? The Town, I believe, can attempt to control social interaction between residents and visitors and my suggested law does that. I would like to add a few thoughts in closing. The sharing economy is here to stay. It is not going away and it is too big to micro -manage. Uberlift, Sidecare, Zipcar and all the other ride sharing apps have a market cap of 50 billion. Homeaway, BRBO, Airbnb, Friends in Town and all those other home sharing apps are valued at over 5 billion. It is a June 2, 2015 Southold Town Board Meeting Page 42 collaborative economy. There are hundreds of apps to share everything. Cars, houses, boats, barns, shops, garages, offices, campers, clothing, babysitters, dog sitters, dogs, cats, houseplants, books, farms. I can rent a chicken. Cows. I can share food and I can share money. This isn't going away. If there is something, if there is an asset, there is an app to share it. These apps have one thing in common. They provide access not ownership. This is the new economy. This is what people want. They don't want to own. They want a piece, a certain time. They want to share. I would caution the Board not to get on the wrong side of this new economy. It is permission less. The Board can only manage people's behavior through sensible code enforcement that doesn't stop at 5:00 PM. To attempt to control private access to individual assets would be a monumental task, ultimately a failure and would be harmful to the economy. This Tall Ships weekend coming up, there's probably going to be 60,000 people here. We have about 300 hotel rooms. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? Katherine Sepenoski KATHERINE SEPENOSKI: Katherine Sepenoski, C & L Realty, Heron Harbor Suites. I agree with some of the sentiments of what he was saying, however, the key item that I wanted to address is that health and safety. As a hotel owner, we have to be inspected by health department and we have to have fire alarm system, you have to make sure the smoke detector, CO2 all of that but in addition, there has to be somebody on site so that if there is a need that arises, you have to address it quickly. I don't know that that exists with what we are talking about here. You have contact information but they may not live here, the owner. So that is one feature I would like to see addressed, so that the same restrictions I may have, the homeowner would have as well. The other issue is taxation. We have property tax on the waterfront that is enormous. And we have to collect the sales tax and we pay an occupancy tax right now of 3 percent which is supposed to be going for the promotion of tourism for everyone here in Suffolk County. And is that going to be put on the homeowner as well, so that it is documented that the income they are taking in is also feeding the rest of us in the economy. We are open year round at our hotel and we have a lot of maintenance we have to apply to the code for noise ordinance and monitoring our guests and assisting them in any way that we can, so that we are pretty much the concierge, sending out to the rest of the community so they know and are aware who we are, why we are here doing business, 375 years this year and educating them as to why they want to return, why they want to stay more than two nights and come back. So the, a lot of what is out there I agree with, getting more people here and certainly the Tall ships event is one such event where we need more than 300 rooms, however, the rest of the season when the few hotel owners, legitimate B & B's and boarding houses are trying to accommodate people. A lot of these things that I have just said need to be addressed so that everyone is contributing fairly to the economy here. Thank you. SUPERVISOR RUSSELL: Thank you, Kate. Maryann Fleischmann MARYANN FLEISCHMANN: My name is Maryann Fleischmann, born and raised local. I really have to tell you my trepidation as to being at this podium today because the last time I was June 2, 2015 Southold Town Board Meeting Page 43 here speaking about the taxes and speaking where the cost in our taxes come from and advocating for the 2 percent, etc. etc., I lost 50 percent of my business because there's a lot of people out there that don't believe in America's freedom of the speech and having a right to differences so they do retaliate. So I am hoping being here today, it is a big risk for me speaking publicly and anybody that has known me, a few people on the Board through the years, I have been an advocate, social worker since the beginning of my time. Today I am here to talk about the short term rentals. And I want to start, if I can, with a couple of questions that I need to get clarification about because when I call Town Hall with questions they are like, I said, I read in the newspaper and they say, well, you can't believe everything you read in the newspaper, so a couple of questions, okay, just so I can get a better understanding of short term. My understanding is now that you are looking for seven days, in the law, a minimum of seven days stay. SUPERVISOR RUSSELL: Seven nights. MS. FLEISCHMANN: Well, it's the same thing. What's the difference? SUPERVISOR RUSSELL: Seven nights would speak to the use for an entirety of seven full nights. If you went with seven days, you are still leaving an opportunity, it is really encumbering six nights. MS. FLEISCHMANN: Oh, okay. My daughter just graduated from college. I took her to Disney, I could only afford because I am paying off college debt, four nights. That means if Disney was in the Town of Southold, I would not be allowed to go to Disney anymore. SUPERVISOR RUSSELL: Actually this code is addressing uses in residential zones. We do have resort residential zones, RR zones, that permit, there is not limit on... MS. FLEISCHMANN: Well, that's going to be toward the end of my comment. I will jump ahead because if you are going to make me and let me tell you, as a way to make up for the 50 percent of my business that has been lost because of experiences with changing certain laws and being active in that process, I am on Airbnb and I have converted my basement to a really nice apartment that I have limitations on. Mr. Kramer, I thunk he spoke well, is, it is the landlords that are to be held responsible and I really hope that you all consider that instead because what I have found on Airbnb, a lot of really nice people. A lot of them from out of state, a lot of them from New York City. They love to come to the North Fork and check it out but they are not going to be here for seven nights, so you are going to miss out on a lot of people and I am going to miss out on the opportunity to pay my taxes once again, you know? Because it is expensive living in the Town of Southold and when you have, well, whatever, okay, here's a couple of short term, alright, what are the negative issues about it? Could you explain to me please, what the problem was? Was it the one incident that the newspapers drew up? And what brought this about? SUPERVISOR RUSSELL: An overwhelming community input to address it. I have to tell you, there's a mistaken notion that the Town Board's over -reacting to a few bad landlords or a few bad tenants. In most instances, the rentals are taking place, we are not getting complaints about June 2, 2015 Southold Town Board Meeting Page 44 loud music or, well, some of those complaints certainly but in many instances, it is people that have lived in the community for years that are simply unnerved by someone buying a house and then seeing such a turnover on such a regular basis. To them, it, they feel like it is intruding into their residential concept of what they had when they invested there. MS. FLEISCHMANN: Are the owners of the house not in the house while the rent tenants are there? SUPERVISOR RUSSELL: No, see that is another issue that has been raised. MS. FLEISCHMANN: Yes, that is an issue. SUPERVISOR RUSSELL: Generally speaking when we convey uses to a residential zone, whether it is home occupation, whether it is a B & B, whether it is an accessory apartment, there is one component in every code we have is it requires it be the principal dwelling of the owner of the property. In this instance, I think it is unworkable because they rent the whole house out. So you know, those are some of the issues the town is trying to wrestle with. We have all these, you know, homeowner occupancy requirement in every other component, how can we do that here or why are we ignoring it here? It is all those issues that the town was trying to address. MS. FLEISCHMANN: Okay. Can I ask the audience.... SUPERVISOR RUSSELL: I would rather you ask the Board directly. Also, all speakers should address the Town Board directly and not other members of the audience. MS. FLEISCHMANN: Okay, of all you people, how many of you have been affected negatively by a short term rental in your community? No? SUPERVISOR RUSSELL: I actually had one right next door to me and I had no problems whatsoever. I have said this many times publicly, with a 14 year old daughter and an 11 year old son, I can't pay attention to anything else but, and it didn't bother me but I understand the lady that lived two doors on the other side was simply unnerved because she saw a lot of people coming and going and she had been out there for 40 years. So that's all the stuff the Town Board is trying to absorb in trying to make some sort of thoughtful decision. MS. FLEISCHMANN: Okay, do you know right now how many residents in the Town of Southold rent their residences short term using Airbnb, internet options, other ones, real estate agents or word of mouth? Do you know the overall numbers are for residential people that are renting out their homes? SUPERVISOR RUSSELL: Based on advertising, wei are estimating about 300. Although that number keeps moving every day because of the growth of the industry. MS. FLEISCHMANN: Okay. And I honestly, my 1 r o inion it's because people are trying to make ends meet. . June 2, 2015 Southold Town Board Meeting COUNCILMAN GHOSIO: I want to go back to } Town Board and asked us if any of us were affected, not any of us were being affected by this at this par hands, I don't have anybody who has a house next tc if all of a sudden my neighbor, my two neighbors, sudden it became a transient rental where every cc there, I would be affected and I would be upset. It': family home. SUPERVISOR RUSSELL: You know what? Page 45 our last question when you addressed the going back to your question of whether or icular moment. I saw nobody raised their me that's a transient rental. I will say that old their house to an investor and all of a zple of days I had different people living .not what I bought into when I bought my MS. FLEISCHMANN: But I think that's quite different from what Supervisor Russell is saying that next door happened to him and it was no problem , so you do have the balance that you have to work through. You know, there are people like me, I just had an inquiry last night as a matter of fact, lady wanted to bring an air mattress to bring. more than what's allowed in my status of who is allowed downstairs, you know? And I said nol Because I am a responsible landlady.... SUPERVISOR RUSSELL: Let's remember, you need to address the Town Board directly. Also, I don't want to rain on anybody's parade but if we could just refrain from applause. I don't see any good coming out of that as we move forward into this discussion. MS. FLEISCHMANN: Okay. I will be quick. Ju: am going to put this out there because I am not go wonder how many people that are advocating and ar audience, are really attached to the hotel people, the negatively affecting their income? lam not sure we okay, whatever. I can't ask a poll. If you restr residence, like me, I am not talking about the on shouldn't you also to be fair to all, have the same 1 hotels as well. They can't have people here for two r COUNCILMAN DINIZIO: Ma'am, they can. a couple more comments. I wonder and I Lg to be able to get a poll, alright? But I sending those letters in and are here in the S & B people and how much are we really •e. I think there's a lot of people out there, t the homeowner from renting out their in your example, I understand that but nitations on the existing B & B's and the 7hts. either. MS. FLEISCHMANN: Why? COUNCILMAN DINIZIO: They have been approved by the Town for that and a bed and breakfast is already in our code. MS. FLEISCHMANN: I pay taxes, too. I COUNCILMAN DINIZIO: A bed and breakfast is not for more than five rooms in an owner occupied home. For lodging and serving of breakfast for not more than 10 casual transients. So they have been through our planning process, they have been to the zoning board. They have committed to 10 conditions that they must meet. One includes a ladder to the second story, smoke detector, what John Kramer was talking about. Okay? That is something that can be June 2, 2015 Southold Town Board Meeting Page 46 approved in this town. If you are telling me that youl have an apartment in your basement, okay, and that apartment has been approved and you are living in the house, this law does not affect you. MS. FLEISCHMANN: I am going to have to re -read that. COUNCILMAN DINIZIO: you are welcome to give me a call, Maryann. MS. FLEISCHMANN: If you don't mind, I will. It's not just me, it's other people that I advocate for... I COUNCILMAN DINIZIO: I understand. But understand that this law is a very narrow interpretation of our code. It's not as broad and as sweeping, there has to be more added to it as we go along but what we are talking about tonight is a very narrow interpretation. MS. FLEISCHMANN: Well, I also ask while you are on the topic, if every one of you before you vote this in, if you can take what John Kramer and his presentation was, he has a lot of really good points. Because I believe it goes back to the landlord/landlady also. COUNCILMAN DINIZIO: We are going to get to 'That. A rental law. I am not for it at this point but we are not addressing a rental law right now, we are trying to put out a fire that has been started and then work from there. MS. FLEISCHMANN: Well, where did the fire get started? COUNCILMAN DINIZIO: We have, in my opinion, every person that advertises on Airbnb and rents a house for less than seven days in Southold Town has been doing so against the code as it exists today. SUPERVISOR RUSSELL: Bill, can I get a, I am sorry MaryAnn, I will let you finish and then I would like to get a clarification from Bill. MS. FLEISCHMANN: Okay, right. In terms of code and following through and if you do put this through, how are you going to fill it out? I am going to talk about the quality of life, okay, that you keep referring to, the quality of life, the quality of life, the quality of life of everybody in the neighborhood, okay. Here's two things about the quality of my life, I have owned my house in Cutchogue for the last 16 years, okay? I have been woken up more times than I care to at 2 in the morning, 3 in the morning, 5 in the morning, 6 in the morning, 7 in the morning from dogs barking of my neighbors and trying to get that code taken care of but quality of life, I am the one who has to suck it up because every time someone moves away or dies, they seem to get a new dog back in there that's yapping at the same thing, so I take care of it myself but I am just presenting, see, this is what I mean about.... SUPERVISOR RUSSELL: Let me just tell you now, whatever she is saying, she has an absolute right to say it. And everybody needs to respect that. June 2, 2015 Southold Town Board Meeting Page 47 MS. FLEISCHMANN: But this is what I am saying, Scott, I really, I lost 50 percent of my business because people don't believe in the freedom and the right of people to have opinions without really putting you down. But whatever. I don't get fluffed by that. Okay. So we have got barking dogs. In addition, what about those illegal garage apartments? Lots of them in my neighborhood, okay? You guys have a task ahead of you. But I feel like it is being isolated to this one little person, me. Alright? There's a lot wrong with the codes that you are putting in and are not followed through either. So help me out with the basement/ garage people. Help me out with the illegal basement or garage because I have also called on them, too. I like calling to find out information. People don't like me but I need information. Because if it is legal and fine, go for it but if it's illegal, I still have no course to do anything. Police department doesn't do anything. Whatever departments in the town don't do anything either. So, barking dogs and basement apartments, I am going to add that to the list for you guys to look through. Because it is all part of, you know, don't single me out, okay? I am trying to stay in the town that I grew up in and taxes are getting worse and worse. Not getting better. Even that 2 percent cap, right. And when your business goes down. So I really appreciate you listening me today, I appreciate you all listening to me today. Maryann Fleischmann. I am a therapist. Do I ask like one now? Yes. I believe in freedom of speech regardless of what you people have to disagree with. So, thank you. SUPERVISOR RUSSELL: Thank you. can I just get a clarification? This particular local law would not apply to someone who has an accessory apartment in their home? TOWN ATTORNEY DUFFY: Correct. SUPERVISOR RUSSELL: They would exclude them? TOWN ATTORNEY DUFFY: It specifically excludes accessory apartments. SUPERVISOR RUSSELL: So they would be permitted to rent on a short term basis? COUNCILMAN DINIZIO: Assuming that the apartment is legal. SUPERVISOR RUSSELL: That is not what I had envisioned. Lori Hollander LORI HOLLANDER: Lori Hollander, I am in Greenport, Southold Township. Supervisor Scott Russell and Board members, thank you for organizing this important hearing. The proposal you have presented allows a homeowner to rent their home unlimited amounts of time throughout the year as long as it is for seven nights or more. This means that homeowners in residential neighborhoods are allowed to bring in a different group of strangers every week. Now, it's not a matter of whether the strangers are quiet renters or they are a rowdy group of girls having a bachelorette party. What should be considered is the people who purchased their homes in what they thought were residential neighborhoods should not have to find themselves living next to the uncertainty of what is essentially an unregulated business. I am proposing that you reconsider the change and change the seven nights to two weeks and limit the number of times a year a homeowner can rent out their home. If they are renting their home 52 weeks a year, it is a June 2, 2015 Southold Town Board Meeting Page 48 business, it is not a residential home. And it doesn't belong in a residential neighborhood. It is also important that once the allowable rental time is established, that there be strong guidelines. in these rental situations in relation to parking, number of people, safety, insurance compliances etc. The residents of Southold are counting on the Board to write a code that will protect the quality of life in our community. Thank you. SUPERVISOR RUSSELL: Thank you, Lori. Peter Terranova PETER TERRANOVA: Peter Terranova, Peconic. This issue and proposed regulation thereof may very well prove to be the most difficult for the Town Board to navigate, as you can tell. How to balance the private transaction of business with the preservation of our community character will be the utmost challenge. SUPERVISOR RUSSELL: I have got to tell you, you were here for dogs on the beach. That was no picnic either. MR. TERRANOVA: In the interests of full disclosure,'after my parents passed away, I rented their beachfront Peconic home for a number of years during the summer. All rentals were for a minimum of one month except for an occasion when I rented the home for a long weekend to accommodate wedding guests for a neighbors family. My 30 day stipulation was because I could not be bothered with the hassle of short-term rentals as opposed to compliance with any law or regulation. But as a long-term resident of my community, going back to the 1950's, I remember many families who rented in our community. Usually for the whole summer and very rarely for less than one month. These families would come back year after year and were as much a part of our community as the folks who actually owned the home. It was never a real problem. But times have changed. The advent of Airbnb and BRBO has made the home rental business a real business and not the rental of your home to a friend or person you know, like it used to be. So to begin, we must recognize and I think it was just mentioned, that home rental is a business. In fact, Suffolk County recognizes home rentals as a business as it stipulates the collection of a three percent hospitality tax for any rentals less than 30 days. So anybody not collecting that right now is in violation of Suffolk County law. So if this is a business as Suffolk County defines as such, are we to permit this within a residential zone and that was the question that was just asked by the prior speaker. If I wish to open a convenience store or an ice-cream parlor, out of my home, is that okay too? I know the town code permits the operation of home based businesses within certain limitations but does that include what amounts to a hotel or a motel? I don't think so. The proposed legislation defines transient rentals as seven days or less and therefore, prohibited use. While it is something, it is really nothing as there are many ways around it, especially as the law relies on presumptive advertising as a means of enforcement. Never underestimate the creative ability of a determined individual to circumvent the well- intentioned but inadequately defined law. Whatever is ultimately decided upon by the Town, the Town will need a dedicated enforcement position to deal with the complaints, investigations and enforcement. The cost of this position should be self-liquidating through a rental permit fee. That is the annual cost of the position divided by the number of anticipated rental events. Clearly, something more than what is proposed is required. Should the town permit the rental of any property for less than 30 days in a residential zone, it may want to consider the following: June 2, 2015 Southold Town Board Meeting Page 49 One, a master rental permit with evidence of current or pre-existing CO and evidence of registration to collect county sales tax and hospitality tax with Suffolk County. Subsequent year approval of master rental permit would require evidence that that tax was paid for prior year rentals for less than 30 days. If it is over 30 days, as with a long term rental, of course, it would not apply. In addition to that, the town may want to consider a specific rental permit, stipulating the following and I think this is mentioned, tenant name and address, the number of occupants. Contact number of the owner, duration of the rental, number of approved parking spots. A home in my community just this past weekend had seven cars, parked all the way up and down the road. All of this above information should be on a town issued permit prominently displayed on the premises, similar to a garage sale permit or I think we call it a yard sale. It is interesting to note and I find it very funny that currently the town has more restrictions on conducting a yard sale then it does on rental property. This past December a home sold in my community, quite a few bucks. The ink was barely dry on the contract before the home appeared on VRBO for rental with a three day minimum. I wonder how many homes would be purchased with inflated prices or placed for sale is there was not the ability to operate that home as a rental business. And we all know the state of housing stock, affordable housing stock in Southold Town is a problem. while we all like to see our property values increase and the CPF thrive, the consequence of housing bubbles caused by these investors coming in, buying homes and renting them out, okay, is, the consequence is to shut out many folks who may wish to actually live here and then the ultimate collapse of that bubble, which always happens, is economically devastating to the town and its residents. The Town Board has a lot to think about here and should move aggressively to implement a comprehensive local law well in advance of the 2016 rental season as rental commitments are made as much as a year in advance. Thank you. SUPERVISOR RUSSELL: Thanks,'Peter. The Town is considering a comprehensive rental law for a host of reasons beyond this but yes, we would agree that a rental permit at this point, at this juncture, is required in Southold Town, based on the circumstances. Please. Maryann Bissu MARYANN BISSU: Good evening. My name is Maryann Bissu and I live in Orient Point. And I don't know if you can hear me. Can you? Alright. Thank you. I live in Orient by the Sea, we started out and my memory was jogged by the gentleman that just spoke. We rented for four summers in Southold back in the 90's and I suggested later on, 10 years, later, that we move out here, we buy a summer home, maybe turn it into a retirement home and I was told by my partner, well, why would we do that? We never made any friends out there in the four years we were living in Southold in the summer. And I said, well, that's because we were renters and when you are renters, you are not part of the community. If we buy a house, people are going to know we are going to be there and then they will make the effort to establish a relationship with you. And I think that's part of what we are talking about here. Out in Orient by the Sea, we are 138 properties, we have a beautiful beach that the association members pay for. They pay $100 a year to maintain the beach, pay the taxes on it, pay the liability insurance on it, they do the plantings themselves as much as possible, one person is out there painting tables, we are buying beach umbrellas. We have a nice turnout at our association picnics and other events and we are a community. And when you have people in the neighborhood who are renting out now to strangers, they are not part of our community, they think that they, should have access to our picnic area to the beach, which I do understand is public but they are using our picnic area, these June 2, 2015 Southold Town Board Meeting Page 50 people who are renting these houses to others are advertising this wonderful beach association and they take pictures of how beautiful it looks which it does and that inflates the value of their homes and this is all our work and our effort going into it and in fact, now you are raising the question of whether if I am an association member and I rent the house for a week, weekend or a month to this woman here, does she have the right to use the beach? And now we have to go to our bylaws and possibly change our bylaws at our expense to accommodate this person who is renting out for profit, a home that we thought should be part of our community and isn't. so it is a commercial establishment and we are bearing the costs of sustaining the services to this commercial establishment and we are not getting the benefit, the financial benefit that they are getting from that property. So I really think it is unfair to the homeowners in our association and throughout the community to rent, make these homes commercial properties that are totally unregulated. I think you have to do something and I think if there aren't enough hotels and B&B's and so forth and people are going that route for profit, then they should conform to certain rules and their tenants should conform to the rules. That's all. Thank you. SUPERVISOR RUSSELL: Thank you. Abigail Field ABIGAIL FIELD: Hi, my name is Abigail Field, I am an attorney. I am here for two reasons tonight. One is I represent a number of people who do short term rentals and some of them are here in the audience and you will get to meet them directly. I also for those who couldn't come, I have testimony from them and I won't read all of their testimony verbatim, it would take too long, I don't want to monopolize the mic but I think it is very important for the Board and the community watching on channel 22 and in the room to get a sense of who some of these people are, because there is this perception that they are just simply investors. And simply people up - island that have no ties to the community. So right now I am going to give you a few comments and the other reason I am her is I am a mom in Cutchogue, I am raising my children in this community, I am invested in this community, I am not interested in wrecking this community, period and I just want to be clear about that as well. So, for the comments on behalf of the group, first, I second what has been said by the people who have pointed out there is no real, that simply banning less than seven nights doesn't actually address the underlying concerns in a meaningful way, it doesn't address whether it is the noise or the parking or anything like that. and it also doesn't really address the concerns people have of strangers in their midst because frankly, if I let my friends in the city, I was a long time homeowner in shelter Island and I would let my friends use the property when I. couldn't be there. People have done that for a long time. you have your family, your extended family, your friends of your family, as far as your neighbors know, t hose people are strangers. They don't know them. And I would let the house be used as much as possible because I had a large network of people that were my friends and getting out into a fresh air, nice relaxing place is a huge value that a lot of people can't really afford, so the idea that you know, short term renters, are the only way there are strangers in our midst is just flawed. It is just, there is something about the newness of it that has got people going. The quality of life concerns in terms of the idea that these people are parking improperly or being loud, those are real concerns and should be addressed. The town has code that it could enforce, right? And you can, the homeowners I represent support a comprehensive permit rental process, right? They support paying a rental permit fee that would help level the playing field with B&B's and with hotels because they are, as you get to know as I start to tell you about some June 2, 2015 Southold Town Board Meeting Page 51 of them in their own words, they are really committed to Southold. They want to be a part of this community. They want to be good actors and get rid of any bad actors. So there have only been three things I have heard in favor of a seven night minimum. One of them is, you know, Southold has been renting for a week at a time for a long time, that's true and that's a good reason to allow one week rentals. But like I just mentioned, what I used to do, a lot of people let their friends come and stay for less than a week and as far as their neighbors know, they are strangers. There is a long tradition of people being in spaces for less than that, that the neighbors don't know. Second, there's been the comment that you are going to limit the turnover, well, a seven night minimum and a three day in a seven night period is the same turnover. Like the guy mentioned, it doesn't matter if you get called back to the city early because you have an emergency. There's no, it would be different if you were doing three days, then three days, then three days. that would be different turnover but if you set aside a seven night block and let someone do a legal weekend rental in that, you have no higher turnover, so the turnover difference is the same and you would recognize the economic reality which is that a lot of the people who want to come out for short term want a weekend. You lose more than half, based on our survey of tenants who have stayed in these homes, you will lose more than half of these visitors if you make weekend rentals illegal and you will lose more than three quarters, actually you will lose about 90 percent if you go to a two week minimum. There are real economic consequences, not just to the homeowners but to the businesses. And then the last, the only reason I have ever heard for requiring seven night minimum is that the IRS defines that as a commercial business. I would like to know when the Town of Southold took its public policy cues from the IRS. I just don't know why they are the marker. You can, you know, people have to pay their taxes, you guys aren't getting into auditing stuff. I just don't think that that should be the hook in which we assess what is appropriate here. With that, I just want to introduce you to a couple of my clients, there will be more in the audience and I will come back after others have had the chance to speak also. One of them is a man named Michael Hirschhorn, his wife's name is Jimena Martinez, they have got pesky twins that are 12 years old and they have owned a home in Peconic for four years now. They fell in love with the North Fork the first time they rented here for a family vacation five summers ago and year round live in Brooklyn. But they spend half the summer in Peconic along with many weekends and holiday periods throughout the year. Walking on the freezing beach during Christmas, Hanukkah, New Year's week is one of our favorite times of each year. We feel very, very lucky to live near Cochran Park on Peconic Lane, where our kids love to kick around the soccer ball and ride their bikes year round. We love the community here. In addition to biking, swimming and hiking, we volunteer each year with the bi-annual neighborhood effort to clear the debris from Goldsmiths Inlet. Our kids have participated in day camps at Hallockville Museum Farm, at Peconic Dunes, in the summer field ecology program along Peconic Bay and at East Ends Art Center in Riverhead. We donate each year to the volunteer fire department. Sure wish we would win the raffle one year. Over Memorial Day weekend we had a ton of fun at the New Suffolk clambake. Each year we typically rent our house for seven week long periods and 5 or 6 three day weekends. Renting our house allows us to afford it, covering our annual operating costs, all of which is spent locally. Repair technicians, Southold taxes, trash pickup, propane gas delivery, a three person cleaning crew between rentals, plumber, heating maintenance, window cleaner and electrician. Ninety five percent of our rental requests are for the summer months, that are requests for the summer months, June through September are week long stays. Ninety five percent of our requests for the June 2, 2015 Southold Town Board Meeting Page 52 rest of the year are for three day rentals, usually long weekend. Eighty percent of our renters are families with children, who often include grandparents in the vacation. In four years of renting our house we have never received a single complaint from a neighbor. We feel great and proud when renters tell us how happy our home and the North Fork vacation experience has made their family. Here is a sample of on-line queries we received from Home Away.com from interested renters: Hi, I am seeking a vacation home for a reunion with my brother and his kids, aged 1 to 6. We are Long Island natives. I even went to Peconic Dunes camp, so it would be fun to be back. We are interested for renting a home for our family for the long weekend of our son's wedding at Raphael's Vineyard. Please let me know the availability and cost at this time of year. Thank you. Hi, there. My family is looking for a quiet weekend leading into the 0' of July. My family includes grandparents in their 70's and 80's down to five small kids from newborn to 6 years old. We are really hoping to find something quiet and homey and close to the beach so we can spend some quality time together. my in-laws will be in town from London, so this little get- away is for me, my husband, our two children age 3 and 8 months and the grandparents. We really want a few days to relax together and most importantly, to be able to walk, play, have a drink near the beach. We would love to stay at your house. And there are more of these sorts of comments, inquiries. We honestly don't ask but I bet most of our renters spend hundreds of dollars, if not $2,00043,000 during most of their stays. Some renters tell us they visit a half dozen wineries and stock up on wine purchases to last them the season. Others fill their refrigerators and cupboards at King Kullen and spend a splendid family vacation on the beach and at the ice cream shops. We have h ad renters tell us they have enjoyed their dinners out at a different local restaurant almost every evening and then give us their reviews. One family told us they made a point of shopping at every small artsy or home furnishing store in the area from North Found on Peconic Lane to White Flower here in Southold to Paint it Yourself Pottery in Greenport. In closing, we hope the town approves a three day minimum rental period, to us the beauty and low risk of renting our home was summed up by this recent rental inquiry we received. Ideally, we were looking to have our family vacation in August, we have a three year old who loves to play in the sand and simply sit outside and look in the water. He is an old soul. We like to relax, play games, wade in the water and grill outside. We hope your home is available. Thank you. So that is one family, and these are typical of the people I am representing. Another, I won't read the whole thing but it takes a different angle and it comes with before and after photographs, so the important parts of the second person I want to introduce you to is that her name, again, they are all happy to go on the record. Her name is Laurie Bloom and her husband is Leonard Thon and they live in Southold. And they bought the house, when they bought the house it was the blight of the block. It was empty for more than a year. It's elderly owner had died and for many years before her passing did little to improve the house, home or it's surrounds. The property was overgrown and strewn with debris. The house was buried under bramble and dying trees and smelled throughout of the mold that coated every wall. We purchased this mess over three years ago and have to date, spent in excess of $100,000, a significant amount of our life savings earmarked for retirement to buy and rehabilitate it. We have also spent every spare moment investing our own sweat equity, we are not rich people and the mortgage is not insignificant. A large portion of these dollars has been spent in local stores, like Ace Hardware, Harts Hardware, Riverhead Building Supply, In the Attic, too, Benjamin Moore paint and countless other stores and furnishing suppliers as well as local landscapers, plumbers, electricians and other craftsmen. While we are investing in our June 2, 2015 Southold Town Board Meeting Page 53 future, we are also investing in our community. Our investments not only improve the quality of life for our neighbors but also increase their real estate values. We are not exaggerating when we say our home is now among the nicest on the block and our neighbors are delighted. Our neighbors are aware that we offer short term rentals and have had nothing but positive feedback for the quality of the guests renting our home which is located in a private homeowners association in which we pay dues and where most homeowners only reside there seasonally. Other than the full time residents, we are probably the most frequently here, nearly every weekend when not rented, which is about 9 months of the year. We love it here and would be perfectly happy but my husband's position was eliminated about six months after we closed on the house. After 26 years on the job with no warning as a restructuring measurement. The handful of rentals we get during mostly the summer enable us to hold on to and maintain our home until we can retire here. As you know now, we love our home. We have a professional property manager who also runs a bed and breakfast who handles every rental. She carefully screens prospective guests, requires insurance for each rental, has a strict code of conduct for all guests that does not permit parties, has a maximum occupancy and states that any incident causing a neighbor to call the police will result in immediate breach of lease agreement and guests will be required to leave without refund. Our property manager also pays hospitality taxes on these rentals. We do not charge the cheapest rates and as a result, we believe we attract quality guests. So, there's a lot more in there, I won't read it all but I hope you are trying to, I am trying to give you a flavor for who these people really are. We are not talking about up - islanders who don't care. We are not talking about people who are converting their houses into just commercial properties with no connection to this community. There may be people like that who are doing this business, I am not representing everyone, right? But the way you have taken the approach of simply banning a minimum night stay treats them all as if they are the same. The idea of a rental permit approach which can level the approach in many ways is that you can actually deal with the responsible landlords. You can empower responsible people to continue to build their connections and invest in this community. That is a different approach, just start to finish than what you guys are trying to do here. All that said, I appreciate that the draft that you have got is seven days instead of fourteen. I mean, fourteen would be really devastating for people. But again, I really urge you to start again and try to get the permit approach right. Thank you. SUPERVISOR RUSSELL: I just want to address your point with regard to since when are we using the IRS as a basis for policy. Let me just remind you, we needed a rational basis whether it is seven nights or fourteen nights or thirty, the IRS guidelines seem to provide that but in the past, you and other had advocated that we create a rental permit that was the equivalent of what sales tax would be paid or verification of, so if we are going to marry ourselves to sales tax policy which is beyond our scope then I don't think it is inappropriate to marry ourselves to IRS income tax policy. MS. FIELD: It is a very different point. What we were presenting.... SUPERVISOR RUSSELL: We would be an enforcement agent for another agency. June 2, 2015 Southold Town Board Meeting Page 54 MS. FIELD: No, no. To be very clear because I don't know that a lot of people in this room know what you and I are talking about, we put on the table the idea that your annual rental permit fees should be roughly equivalent to the taxes that are collected by B&B's and hotels. And that way, vacation rental owners wouldn't be price undercutting on the basis of the tax difference. I think the business community that does hotels and B&B's has a very legitimate gripe, that they have to collect tax that isn't otherwise collected and we suggested that you take that tax, which the owners could pass through to the tenants, right, let the visitors pay this tax just the way they do to the hotels and the B&B's. You could take that revenue stream and enforce your code. You could hire people, you could hire people to be around at night, you could hire people to be around on the weekend. It would be a lot of money. So that is not, that proposal is not the same as saying we want a seven night minimum.... SUPERVISOR RUSSELL: It is borrowing tax policy from other agencies is what I am saying. And that is essentially what we do with the seven nights. MS. FIELDS: I respectfully disagree that it's the same thing. Thank you. Diane Ravitch DIANE RAVITCH: Good evening ladies and gentlemen. Thank you for convening the meeting and letting people speak. My name is Diane Ravitch, I am a professional writer. I live in Southold Town. My partner and I used to watch a show with Angela Lansbury called Murder She Wrote and there was this idyllic community called Cabot's Cove and we decided we wanted to live in Cabot's Cove and we spent about five years looking. We didn't want to go to Maine. It turns out Cabot's Cove is in northern California. We found. Southold Town and we fell in love with it and it took us about five years but we bought the property we now have which is on a dirt road and a cul-de-sac, there are some 25 or 30 homes there and we bought with an expectation that in addition to the beautiful environment we would have privacy and serenity and sense of community. And until last year, that was in fact what we had. We had neighbors who knew one another, helped one another, we had community meetings, we had community dinners but all that changed when one of the homes changed hands about a year ago. The new owners never moved in. They use the house solely as a commercial property. There is a different tenant every weekend. We don't know who they are. There are often rowdy parties that last until 3 or 4 in the morning and cars parked on the lawn. The tenants don't care about their neighbors because they are not part of our community and they don't care. We are two senior citizens living alone. We no longer feel the safety and security that we used to on our dirt road. In fact, we often feel frightened because now we are alone on our dirt road. People we don't know, who we will never see again, walk through our property on the way to the beach. Serenity is gone. Our sense of community and our sense of privacy has been disrupted. What was once a quiet, residential neighborhood is losing its quality of life because of the transient nature of the revolving door of tenants. And in fact, a motel now operates in our small community and our small neighborhood on a dirt road. We think this cheats genuine B&B's, it cheats hotels and it cheats our communities real estate agents. The beauty of Southold Town is that it has maintained its small town quality, its friendliness while the rest of society seems to be in a turmoil of constant change. We thought we were getting away from that turmoil of constant change. We love the small town, small town are built on communities, not on the internet. Southold is what it is because it has not jumped aboard the train of the latest trend. This is still a community of face to June 2, 2015 Southold Town Board Meeting Page 55 face interactions. We know the people in the hardware stores, the fish market, the grocery store, the dry cleaning establishment. We count on our neighbors, not on Uber or Fresh direct or crowd sourcing or apps or data mining. We count on our friends and neighbors not the internet. By the way, the city of Santa Monica recently banned Airbnb and other internet rentals to protect their community and let me read you what appeared on NPR and you can google this, Santa Monica and put in Airbnb and you will find the story. Santa Monica, California is cracking down on Airbnb and the rest of the short term rental industry, on Tuesday night and this was a month ago, the Santa Monica city council adopted its home sharing ordinance which bans the rental of an entire unit for less than 30 days and requires those who take part in allowable home sharing to obtain a business license from the city and pay a 14% hotel tax. The law takes effect June 15. The city says proceeds from the hotel tax will help pay for enforcement officers and an analyst to find illegal rentals online. The ordinance makes a clear distinction between what Santa Monica officials term home sharing and vacation rentals. Home sharing requires the primary resident of the space to live on site during the visitors stay. That's what we don't have where we live in Southold. Home sharing requires the primary resident of the space to live on site during the visitors stay. Vacation rentals as defined by Santa Monica are any rentals 30 days or less in which the guest enjoys the exclusive private use of the unit. The new ordinance deems vacation rentals illegal if the property is only approved for permanent residents. In an interview with NPR, Santa Monica mayor Kevin McKuhn said vacation rentals are not good for his city. He said when a landlord or any other property owner takes a unit off the housing market and uses it for vacation rentals there is no permanent resident on site, we have lost that part of the fabric of our community he said and the people that are coming to stay are not directly supervised so they, being on vacation, may in total innocence, may be coming and going at 2 or 3 in the morning, they may be not aware of the noise they are making for the neighbor, the neighbors aren't sure who these people are, you end up with somebody you don't know who has the keys to the building, to the parking garage, you don't know who they are bringing in with them and ' you don't have that connection. The article also said New York's Attorney General found that almost three quarters of Airbnb bookings break the law and that the state is now owed $33 million in hotel taxes and increasing number of cities across the country are starting to institute hotel taxes on Airbnb rentals. The pushback has even gone international with Spain fining Airbnb $40,000 and threatening to block its website. Santa Monica Mayor Kevin McKuhn said he stands by his city's decision, he said he hears the complaints, even those from the homeowners needing the extra money from the Airbnb rental but he said, there's lots of ways to make extra money without running an illegal business and we don't condone any of them. I strongly oppose anyone who wants to turn their home in a residential neighborhood into a commercial establishment where they rent out their entire home without supervision. If you allow these popup motels to infiltrate residential neighborhoods, you will undermine the quality of life in our town. We fear that this current trend devalues our property and that of our neighbors, not to mention our quality of life. We urge you to consider the Santa Monica ordinance as a model of a community fighting off anonymity, fighting off the worse aspects of electronic commerce that undermine local businesses and the quality of life. Thank you. SUPERVISOR RUSSELL: Thank you. I especially appreciate the reference to a 1980's television show, you should have gone for the Rockford Files. Marilyn Marks June 2, 2015 Southold Town Board Meeting Page 56 MARILYN MARKS: My name is Marilyn Marks and I have Shorecrest Bed and Breakfast. I also manage several rental properties. Other owners of local lodging businesses I have spoken with support some version of the restricted short term rental legislation being proposed, as they think it unfair that private homeowners can rent out their properties without going through all the licensing applications that a B&B or a hotel has to comply with or collect and pay state taxes. Some also believe that they are losing business and income to the private homeowners during those times of the year when it is most difficult to fill their rooms. I agree that tax collection and the added burden this puts on commercially licensed properties is an issue as it creates an unfair advantage for private rentals over licensed commercial establishments. However, I also believe that there are alternative ways to level the playing field other than to severely limit the ability of private homeowners to earn income that is often essential to them being able to keep their homes. Due to my familiarity with both sides of this part of the issue, I have learned that people who stay in vacation rental homes are on the whole, a different customer from those who stay at my B&B or the kind of boutique hotel we have on the North Fork. These renters often have pets or small children who cannot be accommodated in the commercial lodging available here. It is also important to understand, the demand for accommodation on the North Fork is greatest during the summer months and mostly on weekends in the spring and fall. Some of the hotels and B&B's supporting this legislation think that private rentals are stealing business from them for those hard to fill nights mid -week and weekends in the winter. I don't believe that to be true based on my experience on both sides of the issue. There is simply less demand at t hose times but just as importantly, much more demand that can be satisfied during the busy season. It is the nature of a seasonal tourist business such as most of the businesses out here have and that we experience on the northeast. It doesn't matter how much we would like it to be different. We cannot force people to come during bad weather or to stay longer than a weekend other than in the height of the summer. So all businesses on the North Fork have to make hay while the sun shines literally. Because there will be slim pickings all around when it does not. Every business in the area needs the summer and weekend shoulder season glut of business in order to survive the lean months. And all benefit from the additional dollars a short term home rental brings. It is difficult enough to sustain a seasonal business for restaurants, wineries who often cannot survive without an auxiliary event business, as well as a tasting room. So consider the rentals wedding guests need and may not be able to find if a minimum one week rental passes. Farms, who support themselves with their farm stands, stores and so many other businesses that private the resources that we as residents so value and then character as well as services to the North Fork, the 300 or so rental properties advertised on sites like Airbnb and Homeaway bring a significant amount of revenue to the area, not just income for the homeowner. In addition, if we drive away those who would like to stay here by limiting their options, we potentially push them to become day-trippers only or commute from areas with more places for them to stay, like Riverhead. Consequently, if they come at all, their cars will further clog our roads and day- trippers don't always for dinner, shop in the local supermarkets or spend their travel dollars in the many ways that benefit the local economy. My concern is that, as there are only 600 or so commercial lodging rooms on the North Fork, somebody else said 300 but I think it might be 600, those visitors who want to stay for a long weekend and have until now been able to turn to a private home for lodging will simply go elsewhere if they are forced to stay no less than a week, during the fall or spring for instance when people are not generally taking one week vacations, then all the local businesses and homeowners who benefit from those renters will lose the June 2, 2015 Southold Town Board Meeting Page 57 income. Of course, for some residents, this can be a quality of life issue and that they do not want strangers coming and going on their block and I can understand that. When my home was licensed as a B&B over 30 years ago, neighbors were given the opportunity to give an opinion on the application and any person applying for a B&B license today has extensive paperwork to fill out. However, making a living from my home has allowed me to invest considerable amounts in the landscape and property maintenance, increasing the value of adjacent properties. In the same way, functioning and profitable farms, vineyards, stores and restaurants greatly enhance the quality of life for all residents. But without a thriving tourist and event business, we will soon be, to quote Chris Baiz, owner of the Old Field Vineyard, harvesting the last crop. The last crop being housing. Plenty of the farms on the North Fork still have their development rights intact and if their ability to make an income depends largely on tourism is curtailed, then who can blame them if they cash in and sell their land for development. I would hate to see that happen. So I would like to ask the Board in its deliberations on this matter, if it has taken into consideration the dollars that are generated and spent locally through the 300 or so private homes that are advertised for rent? That is not a large proportion of the homes on the North Fork. Or the fact that the homeowners that rent their houses most likely spend most of that income maintaining and improving their property and hiring local tradespeople to do the work. So plumbers, construction companies, painters and landscapers to name a few, also benefit from the income homeowners generate and which dollars are most likely also returned to the local economy. During the recent financial crisis, many second homeowners who formerly had no intention of renting out their home, needed to do so when they lost their job or savings. Without this opportunity, who knows how many of them might have been forced to sell, the worst time to put a house on the market. It could be that fewer houses than other towns went up for sale during the crisis is one reason why property values have suffered less on the North Fork than in some parts of the country. I hired Abigail Field to represent me, Abigail spoke earlier, Those homeowners for whom I manage their rentals and others on the North Fork who chose to rent their property from time to time, our well researched presentation before initial hearings at Town Hall includes data which clearly supports the argument in favor of allowing homeowners to rent their homes for at least a three day weekend minimum based on the economic impact of restricting them and we presented ideas for the town to be able to enforce existing codes to protect neighbors from nuisance renters and pay for that enforcement. I strongly encourage the Board to at least conduct an economic impact study before making a decision which has the potential to negatively impact the local economy to the extent I have suggested. Thank you. SUPERVISOR RUSSELL: Thank you. Nancy Muller NANCY MULLER: My name is Nancy Muller and thank you for the opportunity to speak on the subject that has potential great change in the quality of life on the North Fork. I am concerned that if local short term rental regulations are not made as strong as those of the surrounding townships, Southold could become a haven for professional renters. The New York City currently prohibits rentals of fewer than 30 days, Southampton Town is more lenient and restricts rentals to 14 days. I ask the Board when you write your regulations to please consider that we may not want to be the least regulated community in the neighborhood. This could only encourage individuals who are frustrated by regulations in New York City and the Hamptons to start short term rental businesses on the North Fork. The North Fork could be seen as the short June 2, 2015 Southold Town Board Meeting Page 58 term rental friendly area. I have looked at Airbnb, at VRBO, Homeaway, Flipkey and I think there's actually thousands of rentals, I don't think it's just 300. But I may be wrong. Many of the property owners are rented by homeowners and they are careful and they administer their businesses but then there are others that are running an absentee landlord business. Ife we do not have regulations comparable to our neighbors on the south shore, we will become a magnet for businesses. The result will be a disproportionate number of houses occupied and administered by people who do not have a true stake in our neighborhood. SUPERVISOR RUSSELL: Just so you know, I don't think that's a Board number, that's a number I had arrived at a long time ago when I did a survey of one website. It was like 343. But it is growing leaps and bounds so that number changes every day. Also, we have looked at other towns for guidance. In many instances, those towns are revisiting those laws they have passed because they found them either unenforceable or unworkable or a little bit too restrictive such as Riverhead, which I think had 30 nights or less and they, the Supervisor there said they are going to revisit that and maybe find areas in town where they should go less than 30 but point well taken. Sir? Conrad Flower CONRAD FLOWER: Conrad Flower, Cutchogue. This is the third time before the Board of the transient rentals. I urge the Board to change from seven days to 30 days, regarding this short term rental law tonight. This law will have very little or no effect for this year. In a summer of 14 weeks, we could have 14 different renters. I don't want to know 14 different people in my neighborhood. This law does not address the many concerns that we the people have brought before you in prior meetings. Code enforcement is already stretched thin, one can see all the boats stored in the front yards and the brush that was left on the right of way for many, many months. There is nothing in this proposed new law that will help us preserve the North Fork in the internet world. There is nothing in this proposed law that limits the number of people, cars or where to park, no mention of registration or safety for tenants. No mention of penalty or fines. If one is crying sick and home hardship as I can't pay my mortgage, why does this become my problem? I am not in the salvation business here. Please do not let any of the terms or conditions be grandfathered in. I would like to see a 30 day minimum rental period, 14 days would be the very minimum tonight. Who do I call for code enforcement on the weekend? The police do not respond to a noise complaint. An hour later they show up when they are done with whatever else they were doing. It is not a priority for them. By that time the noise is gone, I am wide awake. My quality of life is shot. In case you missed it, there was an article in Newsday about the effects of short term rentals and affordable housing. Thank you. SUPERVISOR RUSSELL: Thank you. Vivian Eyre VIVIAN EYRE: Hi, I am Vivian Eyre, I have lived in Southold since 2003 and over the last three years I have rented my house for long weeklong stays or beyond or in my studio for three nights at a time, I pay a property manager to vet all of my renters and the people who rented have proven to be responsible and respectful guests. Generally I am either in the house or in the studio, either one when renters stay. They ask me for recommendations for restaurants, wineries, farm stands and so on. No doubt about it, their money is being spent in local businesses in the June 2, 2015 Southold Town Board Meeting Page 59 hamlet. My guests are either families, or couples or individuals who are most often in creative fields which brings me to why I am advocating for three night minimum stays. My comments will address the fear that the character of our community will be threatened. In 2000, I came to Southold as a renter. Over three years, I rented in a combination of long weekends and longer stays. I was self-employed but needed time to do another kind of work, being a poet. Being self- employed doesn't really allow for long vacations and creative endeavors demand the kind of soul inspiring awe found on the North Fork. Now a resident of Southold I have combined my love of poetry with community service. To name just one volunteer effort, I established the annual poetry gallery and reading in the Southold library where even today you can read the work of 45 local poets. In addition, I host a monthly poetry discussion group whose main participants reside throughout the North Fork, providing a new bonding experience for those who love words. I am not alone in my volunteer efforts. There are many others who volunteer in our community who were once short term summer renters. Renters drawn here by the awe that the North Fork beauty inspires. And I use the word awe for a reason. In a recent research study published in the journal of Personality and Social Psychology, we are told that there is strong evidence that awe is a collective emotion which binds us to others and motivates us to act in collaborative ways. The study says, even brief experiences of awe such as being amid beautiful trees lead people to be more attune to the common humanity people share with one another. In other words, if you feel awe, it motivates you to do things for the greater good. My gratitude goes to those folks who despite my transient status, provided me with weekend infusions of awe. For creating those stepping stones that led me to my home in Southold and the awe that I feel every day. Thank you for listening and for your consideration of short-term summer rentals as a way of building a long-term commitment to our community. Thank you. SUPERVISOR RUSSELL: Thank you. Caroline Greer CAROLINE GREER: Hi, my name is Caroline Greer and I live in Greenport. I have listened to all of this this evening and I think the big takeaway that I have is, this is not a question for you to consider about good guys and bad guys, this isn't about heroes and villains, it's not gosh, gee, isn't it wonderful that so and so supports chicken dinners or doesn't, volunteers at this, or writes beautiful poetry or whatever, this is off topic. What this is about is neighborhoods. To me it's not also about money. I believe in tourism, I believe in supporting it. I believe in sharing the beauty of everything we have out here. To me, this is about defining the difference between residential and commercial. Okay? That's the bottom line to me. And it's about aggregate nights and what you have proposed does not address that. You know, the minimum number of nights on any one week has nothing to do with the aggregate of the year. So, when I go on a site and see somebody is offering their house every day throughout the calendar year, they are not a resident. It's not residential. And so, you know, it's not difficult to recognize houses that are not homes. Because there is no resident living there. It is available for rent across the calendar year, there are no neighbors. They are a paying guest. It's not about a neighborhood. What's becoming difficult to recognize are residential neighborhoods because they are pop-up commercial districts now. So I am saying, let's enjoy the stories, the anecdotes about the beauty of the people who are in all forms of these homes whether you are sharing it with rentals, sharing it with friends but let's say, is it a residence or is it a business? If it is for rent on the calendar year all year long, it is a business and should be in a business district and should be regulated like June 2, 2015 Southold Town Board Meeting Page 60 a business. And I guess that's my biggest point. I just have been very impressed with so many good points on all the sides but want to bring it back to that simple aggregate number of nights. It is not addressed in what you wrote. And so, I feel like I don't know who these are, I am not going to have neighbors, I am going to have paying guests coming in and out and I didn't sign on for that. So, let's figure out an aggregate night that makes it possible for people to earn extra money. Let's make it possible to support tourism, let's make it possible to do the good that home stays offer and yet, let's clearly make it possible to have residential areas versus commercial ones. Thank you. SUPERVISOR RUSSELL: Thank you. Just a clarification for everyone, actually the Board, the current proposal is for seven nights. Were we to revisit this and consider like a three night or even a 14 or a 30 night, this is going to require a new public hearing. Just so you know. Any substantial change to the current text requires that we go through this process again. I just want everyone to be aware of it. Ted Hoyle TED HOYLE: My name is Ted Hoyle, I live on Anderson Road here in Southold and the experience I have had with the house that has been turned into one of these internet rentals has been far from ideal. The house was bought at a short sale about one year ago. The owners never moved in. They don't really maintain the property in terms of having someone come in and regularly cut the grass but they rent it out every single weekend and there are cars from New Jersey, Tennessee, Michigan. There's no accountability. These individuals live in Brooklyn, the owners I mean to say, as far as the renters patronizing the local businesses, well, the wines and spirit stores they do, I assure you. Judging from the parties that go on. But it's not, when I bought my property and built my house on Anderson Road, I was not expecting this and I really, I realize that it is a very tough issue but I do hope the Board can come up with something with real teeth in it because what's going on across the street from me, it's really, it's a commercial establishment, I am sure occupancy taxes are not collected. It's a travesty. And it certainly has totally diminished my quality of life, having these people in and out. Most of my neighbors, Diane and Mary, of course, they are dealing with the same thing. So I do urge you to please, come up with something that has teeth in it, that we can really nip this in the bud. Thank you. SUPERVISOR RUSSELL: Thank you. Judith Ullman JUDITH ULLMAN: I am Judith Ullman and I live in Brooklyn. And a bunch of years ago, came out for a bike ride trip and we fell in love with this little teeny, itty bitty cabin 800 square feet on Great Pond. It's on the wetlands and we decided to buy it after months of figuring out how we could possibly afford it. The only way we could afford it was the way we were told was perfectly legit, which was to rent when we can't be out there which is most of the time because we have jobs. I have to say, I really understand the problem of people not feeling safe about the quiet enjoyment of their homes because I worry about that myself. And frankly, I don't know how the Board can figure out a way to accommodate the different sides and I am kind of glad it's not what I am called on to do. all I can tell you is that we love it there, our property is almost all designated wetlands. We are absolutely severe about protecting the wetlands, we hope very much to be very much to be able to sell out in Brooklyn and live here for the rest of our lives. June 2, 2015 Southold Town Board Meeting Page 61 We got married out here in the congregation in Greenport we belong to, I am kind of more a technical person, like I like email, my wife who is here also is a people person and could probably tell you the names of most of the storekeepers here and what they do and their family histories, we are very involved, as much as we can be for the amount of time we can afford to be out here. Last year, we spent $14,578 in Southold for cleaning, yard work, repairs, supplies and so on, not counting on our own personal needs. This was strictly to keep up the cabin for renting. I know it's a specific number because that's what I put on my taxes. We eat out here, we buy things at the drugstore or Ace hardware, Rothmans, IGA. It kind of goes on and on. We ate at the Main Street Grill this morning. If the minimum rental is a week, we may be able to hold on to the cabin through the eight weeks of the summer that we are likely to have rentals. If we can't, if it is two weeks, we will have to sell. There's just no way we will be able to become a permanent part of the fabric here. For the fall and spring, we only get weekend requests except once in a great while. If we can get a longer one, great. But face it, most people want to come out for a weekend. We have tons and tons of renters who come. We have never in five years had a complaint from a neighbor. We are really assiduous at taking care of the property and being careful. So in other words, you have got landlords who stink and you have got landlords who, if you don't mind me saying so, are like us who are really invested and responsible. And I am hoping that the Board can figure out a way to put in regulations that we will be perfectly willing to support. We will pay whatever taxes, I mean, as long as we can work out to afford it to accommodate this kind of thing. Because, you know, the woman who spoke before me was very articulate, made a very good point about residential versus commercial, the problem is, this kind of rental, the people want because it is in a residential area. That's why they want to rent the cabin; because it is on Great Pond, it's lovely, it's in this beautiful residential setting. So you have a got a real conflict there, that I see. Like I said, I don't know how to resolve. The people who come, we try to be really careful about it, not to have too many people. If we don't get a good feeling, we don't rent. Almost everyone who rents from us brings a dog. That's like besides that it's beautiful, they want to bring their dogs. And we are able to do that. And I looked at the B&B regulations and they look pretty strict. I completely understand. If I were a B&B owner, you know, I would be up here saying this is not fair. And I think that's right. I think we need to be regulated, we need to be paying specific taxes for this. All those things that are brought up, I am willing to try to do. You know, whether my house will pass the inspection or not, I certainly hope it would, if it wouldn't, that's my problem. But I do not think, as someone else mentioned, that a lot of the renters we get would come if they had to be in a B&B or a hotel because they usually want the privacy and they mention that and you can see, if you look at cabin on the pond on Homeaway you will see 44 four and five star reviews, all of which talk about how quiet, how relaxing and so on. I think that's actually, I don't really have anything else to say about that but just that I hope we can find a regulation that will somehow safeguard people's quality of life who have this going on around them. I don't know what it would be. Maybe there has to be enforced meetings between the landlord and the people around. I just don't know. But we are willing to be regulated. We live up to the regulations. We already do that very much for the wetlands. We make sure the tenants have the leash laws for their dogs and we are willing to be regulated about our renting. Thank you very much. SUPERVISOR RUSSELL: Thank you. Maureen Massa June 2, 2015 Southold Town Board Meeting Page 62 MAUREEN MASSA: My name is Maureen Massa. We live in Southold, I have been coming out to the North Fork since I am six years old and finally, after renting for several years bought our first home in Mattituck in 2001. Came a point in time where I needed to rent out the Mattituck house and I tried for three years renting to locals. Two out of those three years, the locals moved in on a year lease after three months they stopped paying rent and the second time I had to go through a seven month eviction proceeding to get the person out who literally moved in paid one month's rent and then just stopped paying. I think what people may not know about some of these websites is that they provide great comfort to who you are renting to. If you look on an Airbnb site, you will see that if someone, has come to stay in your home, generally the host will review that guest and so when a guest approaches to rent, you will, see that five other hosts said, `these were wonderful people, they kept to the rules, they didn't have parties. They left and everything was fine'. Well, if you had a 30 day rental and you had a problem tenant in, your neighbors are going to suffer for those 30 days. If you have a 14 day rental, same kind of thing. If you have a bad apple, that bad apple is going to be there for 14 days. I think that a three day minimum in a 7 day week would give the opportunity to have off season rentals which really contribute to the economy because I think all of you who have been here your whole lives lived through the times when you couldn't find a restaurant or a store open here. Because it was winter, you know, people left for the winter and went elsewhere and there was no servicing any kind of needs that you would have because they didn't have the business. Now we have people coming out year round, not just for vineyards, they come for restaurants, they come for quiet. They come to be able to cook in a home that they don't have in say, the city, they didn't have the space that they could be able to do it. They could have their parents come and stay with them and it provides a real boost, I believe, to the economy on the off season and a seven day rental would never do that. I think you have many situations where people have come from other countries and other states and they may. want to split up a vacation by having four days in the city, four days in the country and experience both. And many people choose the North Fork and choose it for the first time. They come back. They purchase. They spend their money. We give references to so many local businesses and the people come back and talk to us about how they have enjoyed dinners there, they have enjoyed shopping there. so I think that you might want to consider whether or not it requires another public hearing to revisit the seven day minimum because I think the off season economy will be dramatically affected if you keep a seven day minimum. SUPERVISOR RUSSELL: Thank you. I have Mary and right after Mary you can go. Mary Eisenstein MARY EISENSTEIN: Mary Eisenstein and I am going to read a letter representing the Mattituck-Laurel Civic Association and give it to you when I am done and then I would like to make a personal comment. "Dear 'Supervisor Russell and Town Board Members, the consensus opinion of the Mattituck-Laurel Civic Association and recommendation to the Southold Town Board regarding short term rentals is: Enforce Chapter 280 of the town code, limiting short term rentals to a week and pursue code violators and levy fines for violation of the code, issue permits to those property owners who wish to offer short term rentals within the code requirements. Given the importance of this matter to Southold Town residents and to the quality of life in Southold Town, this civic association requests that Southold Town Board, at its first regular meeting after the Labor Day weekend 2015, report to the public the results of the town's efforts June 2, 2015 Southold Town Board Meeting Page 63 to enforce chapter 280. Should the results indicate lack of sufficient enforcement of the code, the town will take necessary steps to rectify the situation, including code change, increasing fines etc. Further, it is the opinion of the civic association that property owners who are in the short term rental market be limited in the number of times a year that their rental property can be rented and that the number of unrelated residents occupying a short term rental property be limited. Finally, as this matter is in many ways driven by the Airbnb business model and is affecting communities across the country, we encourage the town to seek out and identify communities that have already addressed. these concerns and use those solutions as possible solutions for Southold Town. Thank you so much for giving attention to this topic.' And on a personal note, statement, there is a book called small towns in America and there is a phrase in that book that makes the statement, a sense of place. And yes, there are changes taking place in the world and it's a sharing economy. I think that what is being said both for and perhaps against this subject, one wants to be paying attention to one of the most unique factors of Southold Town is having that sense of place and to perhaps over -commercialize and focus in on the business model, we don't want to lose sight of what makes this a small town and its uniqueness is a sense of place and a sense of place is an emotional, psychological belonging to where you live. Thank you very much. SUPERVISOR RUSSELL: Thank you, Mary. Carol Green Mavity CAROLE GREEN MAVITY: My name is Carole Green Mavity from Greenport. And through listening to the various comments, there are a number of things that definitely come to my mind. I think that it really needs to be clarified about the commercial aspect and the residential aspect. And I live on a street which is zoned for residential. And any person who comes in and buys and there are people now who are looking to a house goes up for sale in a neighborhood and they are looking to buy it not with the intention of living there but with the intention of basically running it, renting it, making as much money out of it as they can without their presence being there. I think that this really is unfair to those hotels, the B&B's, the homeowner who lives in a place and rents out an apartment because they are there and they have an interest but someone who is an absentee owner and just doing this as a revenue stream, to me it's greed, it's a question of not having regard for what you are buying into. You are not buying into a neighborhood, you are buying into making money and I think a lot of people and more and more of this will be going on as it becomes known here that you are limited to a seven night stay. If you were to have it where let's say where it was going to be a 30 day stay, I think that would then prevent, it would mean that people would have to be vetted more, the people who would be coming would get a sense and become neighbors. My aunt, years ago, 50 years ago, rented out an additional house that she had and she had the same families came back year after year and stayed for at least a month's time. I think there definitely are people that can do that. it's, I just really believe it is very unjust that legitimate business establishments have to pay the business taxes, have to go through the permitting process, have to comply with the fire and health regulations before they are able to get their permits and they, because of the nature of being an inn, not a home but being an inn or a B&B, they definitely should and do have the right for renting to guests for less than seven nights. And as I say, I am really for 30 night stay. In addition, the legitimate inns and B&B's all have provisions for parking, so that the streets are not tied up with cars lining up or going onto other people's lawns and I think that also is something that an absentee owner does not have to deal June 2, 2015 Southold Town Board Meeting Page 64 with. So it makes it really easy for them because they don't have to go through these regulations. To buy something, turn it over for profit, disregard the neighborhood and disregard the surroundings, disregard why most of us are here, the sense of community, the sense of quiet enjoyment and getting to know the people who are in your neighborhood. And I think this gets lost with something on such a short, seven night term. So I am definitely in favor of something for 30 nights stay. Thank you. SUPERVISOR RUSSELL: Thank you. John Byrnes JOHN BYRNES: My name is John Byrnes. I am a former B&B owner and a retired superintendent of schools. I have the greatest admiration for you folks sitting on the other side of that counter and I admire your willingness to listen. I have a very brief comment, when they talk about in the presence of the following shall create a presumption that a dwelling has been used as a transient rental property, if the dwelling unit is offered for lease on a short term rental website, there is a presumption of guilt until you are proven innocent. It seems to me if someone advertises on a short term rental website that they are renting for two weeks or three weeks or a month, they shouldn't be presumed to be in the short term area. Maybe you are already taking that into consideration but if you are not, I think you should. I wish you well. You have got a very complex problem and I hope you listen to John Kramer. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? Benja Schwartz BENJA SCHWARTZ: Benja Schwartz, Cutchogue. So is this going to apply in Greenport Village? No? SUPERVISOR RUSSELL: No. MR. SCHWARTZ: They have got their own trouble. First of all, I just would like to say I am not sure whether we are really talking about regulation of this business or legalization. It seems to me that these proposed regulations are actually permitting rather than prohibiting something. Proposed with a 60 day effective date, so pretty much committed to doing nothing immediately which might not be such a bad thing in this case but I would think that you could do something immediately. Rather than use command and control regulation, there are many many other tools available. Try to keep my comments very brief here, I believe that the town could figure out some way to require registration of these rentals immediately and this would give the town something to work with, they would start having some way of contacting these people that are doing the rentals and to keep track of it and the town would see exactly who is renting what. And you know, if you wanted to, it might take a little longer but if you wanted to, but you could throw in a law that would regulate and prohibit anybody who wasn't registered from participating in this business. But the regulation could be phased in as you see what types of regulation and command and control is appropriate. Meanwhile, get the registration started. S what I am saying is, also, I don't like to see the government just use sticks, I like to see some carrots out there. If you had a renters, property owners that are renting their property register, you could also offer them a posting on-line. Southold Town NY. Gov could have a section June 2, 2015 Southold Town Board Meeting Page 65 devoted to it or you could create a new website for the purpose. I happen to have registration of the name Southold Town. US and I would be happy to turn it over to the town if you like. I am not here to blow my own horn but I do have some experience as a website developer, as a web developer. I think what you are talking about here is basically a reaction to on-line business and websites and you know, I feel bad for you but I think if you really want to address this problem, this situation properly, you need to get more involved in the website business. First of all, the Southold Town website doesn't have a web master. There is no integrity.... SUPERVISOR RUSSELL: I appreciate all that, I am just asking you to keep the comments specific to the legislation that is proposed. MR. SCHWARTZ: I am doing that. I am doing that. Because this is something that involves on-line business and this group here is not familiar with on-line business, it doesn't know how to handle it. and I would suggest that one other thing that you could do immediately that would be related to this although not exactly directly would be to start upping the game of the town in all of the on-line aspects. So thank you for your time, if you have any questions, you know where to find me: Judith Moch JUDITH MOCH: Supervisor Russell and Town Board members, I think that you are being asked to do something of Solomonic proportions. Which is balancing the needs of our wonderful, beloved Southold and the economic realities of tourism that supports that, this economy here to a certain large degree. My name is Judith Moch and I am a part-time resident of Southold. I live and work in Brooklyn with my wife. Hope to retire here someday. And I don't think that full-time people or anyone should have financial sympathy for second homeowners, we did have the situation that soon after we bought, I lost my job and having the possibility of short-term rentals allowed us to hold on, allowed us to be involved in teh community, allowed us to have our wedding here, to build roots in this community which we hope to nourish over time and have grow deeper. The irony of economy that depends a lot on tourism is that it is exactly what people love about it. The fact that here is democracy in action, of people showing up and speaking politely to each other and sharing their passion for this community is such a wonderful trait. It is not just the beauty of the North Fork, it's the people here and the communities that are so special. And I want to talk for a moment about the quality of these websites and how that can enhance that experience. When you go on to these sites, you mostly get rentals through HomeAway, they see pictures of what you are renting, they have a lot of questions you need to answer. Our cabin is a very simple cabin, when we bought it, it hadn't been cared for, for a very long time, it had, it was not up to code. Wasn't really kind of a safe place. We brought it up to code in terms of insulation and heating and electricity and now but we worked really hard with a local contractor, local architect to make sure that it kept that simple cabin feeling to it and that, as my wife said, we very much are careful about all the rules about being on the wetlands and see ourselves as guardians of that and that's the kind of people who come, who want to have that experience and you have to get rid of the bad apples but don't kick over the milk can, to mix my metaphors there, that people who come want to have that, they want to be there with their children, their grandchildren. We have paddle boats, we have kayaks, bicycles and we give everyone something we call cabin on the pond as a center of your vacation universe. We say some of our favorite things in the (inaudible) miles around us. in terms of June 2, 2015 Southold Town Board Meeting Page 66. staying 30 days instead of 7, then you are saying you are not going to allow short term rentals, period. Fourteen days also wipes it out because 90 percent of Americans don't even have 14 day vacations anymore in a row. Regulations going into effect in 60 days, as someone mentioned, people made plans or commitments a year in advance or months, if you would at least, whatever regulations you put into effect, made it go to Labor Day, to me that's fair. That that's the season. Just a little different than 60 days but it does seem to me that's a little in the spirit. And I do truly think that Abigail Field, who we have hired and think she has a very strong, good thinking and research about having one rental week being allowed because that way you don't have the turnover and whether they are there for a long weekend or a week, the effect is the same in terms of the changer. Please allow those of us who want to be respectful, responsible owners and rent to people, give us regulations we can live with and not those that would suddenly make there be a glut of sales in this area if you made the rules too onerous. Thank you. SUPERVISOR RUSSELL: Thank you. Suzette Reiss SUZETTE REISS: I am Suzette Reiss, I live in Orient. I wasn't planning to speak today but after hearing everything I just want to quickly say that I do support the three night minimum. As a homeowner myself, when I purchased here, although I have never rented on a short term basis, I do have a two family home so occasionally I would rent that but one of the great things about homeownership I felt was the fact that in the future if I did want to do that, I own a home, I have a property so perhaps I could do that so, I just wanted to say briefly that I hope you will consider that not all the people who purchase here that might do that are just thinking of it as a business but they own their home and they like you know and just one more thing, I just want to say a quick anecdote. There was a tenant in back that was renting in back of my house in Orient last year and my next door neighbor earlier invited me, they were going to have a party and they were going to have some music until about 10 or so, they had a band, they invited me to come and it turned out that the people in back of me that were renting came over to speak to me about it, they were very upset because the reason they came to rent in Orient was they were expecting a quiet, serene kind of thing and they were really, really upset about it. And I was like, oh, dear what do I say to them? I said to them, well, you probably could go over there, it's fine. But the point is, you may have loud neighbors who own as well, you may have issues with your neighbors. So I don't think having people from far away or tenants necessarily means that you know, they are going to be causing issues. And like I said, most of the people out here want to come because they want to relax and enjoy the quiet. So I hope you will consider all these different points of view. Thank you. SUPERVISOR RUSSELL: Thank you. Roger Hammond ROGER HAMMOND: Roger Hammond, Greenport. I rented my house in Greenport for a year and I didn't have any problem renting it. People wanted to rent. And I found a tenant that was very good and I agree that 30 days is a normal amount of time and that people would be able to rent. If you have a nice site on the water like this young lady, she should be able to rent it for 30 days, it shouldn't be that big a hardship in the summer. Maybe in January, but the other thing is, if it is rented seven days and you have got 14 different people for 14 weeks, they don't care, June 2, 2015 Southold Town Board Meeting Page 67 nobody knows who is coming. No one is going to vet them. You can't get the landlord because they are not here and then as Carolyn said, it's a business. It's no longer a house, it's no longer a community. It's just a business and nobody will care and there is nobody to complain to. By the time you complain, the next group is in, so what are you going to do if you don't like it or if it's noise? And the other thing on Sound Road, the houses are not two acre estates where if you have a party, nobody is going to care. We are 30 feet from the next house. And if it was noisy and I didn't like it, I call the cops and the cops will come and they will be quiet for 20 minutes. What are they going to do? Are they going to call the landlord? I don't even know where the landlord is. I just think 30 days is reasonable. Thank you. SUPERVISOR RUSSELL: Thank you. Marybeth Edmonds MARYBETH EDMONDS: Hi, I am Marybeth Edmonds from Mattituck. I have two quick questions and two quick comments. My questions are, will you make a distinction in whatever law you pass between people who are home -sharing and people who are just renting empty houses? In other words, if the owner is at home and wishes to rent a portion of it while they are in residence, will they be in violation? SUPERVISOR RUSSELL: That's a good question. I know that Santa Monica.... MS. EDMONDS: Because a lot of Airbnb's do that. SUPERVISOR RUSSELL: In Santa Monica they had banned but they made an exception for home share. So that's something I want to put on the table. A very good idea. MS. EDMONDS: If you would have some nuance in the law to permit that because that's one scenario that would really quell a lot of the problems. SUPERVISOR RUSSELL: Very good. MS. EDMONDS: A second question is, will the violation with the code person, will it be nuisance driven? In other words, if someone calls and says someone is bothering us, is that how you go about nabbing your violators? SUPERVISOR RUSSELL: nabbing. We actually would anticipate the code enforcement officer working with support staff and actually going through the websites and notifying the people who are advertising that they are out of compliance, their advertisement is out of compliance with what the new code would be. Beyond that, it's just, the law has a certain presumptive component to it but that's just one element of the many things you have to do to bring a violation to a homeowner, to a property owner. MS. EDMONDS: So it won't be complaint driven, you will be... SUPERVISOR RUSSELL: It will be both. But we are looking to take a more affirmative .approach on this one rather than just sitting back and waiting for complaints to develop. June 2, 2015 Southold Town Board Meeting Page 68 MS. EDMONDS: Okay. Then my two comments were just, I was listening to everyone describe two phenomena that I just think are, they are part of a beautiful and nostalgic past. I love the sound of, you know, when I bought a home my expectation was a certain kind of community. I bought my home here a couple of years ago and I didn't expect anything except I saw the homes were well maintained around me and I got a feeling for Mattituck and I had known about it for many years but I don't really know who is coming and going in my neighbor's house. I don't know if they have a crazy, psychotic cousin that's living there or they are going to give a party. I am not sure that renting or not renting really should bestow such a sense of security on any of us in that respect. And the other thing is, I don't know anybody who gets a month off. That's just a, that seems like a dream. So for me, weekend rentals have been what I have been doing with my Airbnb where I am present. And they are all professionals who just want to nip out of the city. I do it with my husband. We go down to Pennsylvania, we go to Connecticut, we go where it is drivable. Sometimes we have renters, and that's a typical renter for us, also, always professional, always just wanting to bike ride and read books and get to know the North Fork. They have heard about it. Or as someone else said, they are Europeans who want to visit New York City but they have heard about the North Fork and they want to spend a long weekend with us. So please consider that that's the nature of a lot of those weekend rentals. They really are not party people necessarily, they only get two days off like me. COUNCILMAN GHOSIO: Just a comment on one of her questions. One of the questions was about the home sharing, correct me if I am wrong but by definition in what we are proposing, it says for the purpose of this chapter, transient rental property shall mean all non -owner occupied, one family dwellings, two family dwellings rented for a period of less than seven nights... SUPERVISOR RUSSELL: I have to presume that would allow for home sharing. Yes. COUNCILMAN GHOSIO: I wanted to bring that up. The other thing, one of the things I hear, I have been hearing over and over is seven days, 30 days, whatever it is, people can't take that much time off or what have you. Just because the time period is set in this particular case for seven days, that is what the lease would be for. You are not required to stay there for seven days. So it's just a case of, well, look, I have the site up here now. And yeah, there are homes in Southold and quite a few of them, advertised for $800 a night. Yeah. There's a couple in here for $45,000 a month. One for $85,000 a month. Alright? So this kind of plays into the thinking, is it a business or just somebody trying to hang on to their house. That's some of the comments we have been hearing. I just wanted to point out that you are not required to stay for the seven days. that's what, but you will not be able to have two days, somebody three days and actually rent it to three different people in a week. Scott Vayer SCOTT VAYER: Good evening, Supervisor Russel and the Board. I have come before the Board in the past and I have spoken but you have advised me that this would be the night that we should speak. So I have been waiting and planning to speak. Unfortunately, I apologize, I had to run out because I had child issues but I am back. But I can't linger now so I am going to speak. My name is Scott Vayer, I live on Sound Road as well. We, when we first came to the Town of Southold we rented, we were coming as summer renters. For many years, maybe 20, we rented on the South Fork and owned on the South Fork and then decided things were pretty hectic down June 2, 2015 Southold Town Board Meeting Page 69 there, had become pretty hectic down there, we wanted to try something that would turn the clock back a bit and we came to the North Fork. We rented here for a full summer. I have got to tell you, I did not have a summer off, I mean that's just a ridiculous notion. As Mr. Ghosio stated, I rented for the whole summer and I got to go sometimes and maybe somebody in the family got to go some other times but essentially we paid for it and we use what we can. Now, we rented then. The following year we bought, we purchased a house. We were part-time and then a few years later we became full-time and my kids were in the community. I had one that graduated Greenport High School, I had one who graduated Mattituck High School. We have been in the community ever since, my kids are working in town. They have worked at Peconic Dunes for the 4-H camp for year after year. This year they are going to work in the surf shop in Greenport, so we are dependent upon the tourist business, we don't want to see that hurt in any way but with that qualifier, I am giving you my background, I think it's important to take stock of a few things. There are many reasons, I have heard a lot of interesting comments from the town's people tonight, pro and con. And there are all kinds of considerations and some are very valid on both sides. But at the end of the day, the Board has to make policy and it really is the question of policy. I was, as I was driving to go bring the girls back home and racing back to get here, I saw that there were speed limits on the road. I was shocked. And then I realized, oh, my goodness, I can't go over 50 because there is a speed limit here. What is that all about? Obviously we would all like to go much faster sometimes but we can't. And you know, I had to control my frustration at a driver in front of me in the 45 zone is even going 40, not 45. But I have to. I did get back here in time to speak and I think that you as a Board are really doing valiant service. Because you have taken a very, very difficult issue that is truly significant to the people you are representing and you are trying to split the baby, Solomon like, how to do this issue but I would urge you in the end, that you are policy makers and you have to be looking at the long term and you have to be 16oking at questions of policy, not just what one person or another person, what their situation is, however grand and great their equities and their needs. It is policy. Now, it is very important to consider you know, how this affects the long term property market, whether this is going to pump up the prices and then we are going to have a bust blah, blah, blah. And I think it may even happen that way because we have seen a lot of cases where that is the case but I don't think it is your job nor anybody's job, we don't live in a centralized economy, we can't know what that's going to do, so that's really not the issue. That's not what your policy is all about. So what the heck is your policy about? Your policy, I think, is fundamentals. I think the first speaker, John I think was his name, mentioned the word quiet enjoyment. When somebody owns real estate, buys a house, they are entitled to quiet enjoyment. In fact, even when they rent the house, they are entitled to quiet enjoyment. So it could actually be a renter, who rents for the summer, who ends up with a party house next door to him. A transient rental situation. It doesn't always have to be an owner. The question is, does transient rental interfere, potentially or substantially with quiet enjoyment on the part of neighbors. And I think it's your duty to protect quiet enjoyment. That's why we bought in the community, that's what people have had as expectation, that's what they have always had as an expectation in America when they own real estate. Now, yes, we don't, we want to do it with as light a hand as possible so that we don't deprive people of the ability to use their own property in a way that will generate revenue or do whatever they want to do with their property because everybody is entitled to quiet enjoyment. So what you have to do is balance and balance is of course, very difficult you know, to implement. You have done that by choosing seven nights. I June 2, 2015 Southold Town Board Meeting Page 70 personally think seven nights is too little because that really boils down to one weekend and one weekend is the problem, so I would say probably 10 nights is the minimum that you have to have to have a serious kind of tenant coming in for that short term rental. And if they can't afford it, okay, I understand. They should go to a hotel. If they don't like our hotels, they should go to Montauk. If they don't like that, go down to Ocean Beach. I don't care where they go but they don't belong here and they don't belong in a residential neighborhood if they can't bear the freight. I think that seven days is what you noticed for the hearing and seven days is what we have got, so even though I want 10 days or two weeks, I can live with seven days because I know that you have made a commitment that if you are re-elected we are going to see a real rental law, that maybe fine tunes everything a little better. You know, I really don't care if there is an occasional weekend rental as long as I know it's not, you know, 15 or 20 of them in a row night after night, weekend after weekend. So that would be your mission in the coming legislative session. But if at least we get the seven days, seven nights I should say, now, then I think that's a small success and you haven't done too much violence to anybody and the matter can be explored as you implement the seven nights and you will use a good deal of discretion in how you will implement the law. I will just raise one other point about discretion, which is that I did see and I know that you can't change this now because this has also been part of the noticed statute, but I see that it's the code enforcement officer who is going to decide upon questions of evidence because the presumption is there that in the law, if the advertising was on Airbnb or VRBO or whatever, sites of the like, that there's a presumption that it's a short term rental in violation of the statute. It is a rebuttal presumption and the landlord or the tenant can presumably produce evidence to the contrary and they have to produce that according to the statute to the code enforcement officer. I have got to admit, I didn't have time to prepare for this meeting by checking out the duties and discretion of code enforcement officers but to me, that's a judicial function. Reading evidence, determining what is evidence. If it is competent evidence, that's a judicial function and I think the code enforcement officer would be best limited, in circumscribed duties, checking if there is a violation or if there is a presumption, writing the summons and then Justice Evans has to figure it out or whomever. And it can be dismissed, if it is wrong. It can be dismissed quickly. But I, in the next draft, I would suggest removing that discretion from the code enforcement officer who really isn't necessarily trained in how to take evidence. In any event, I want to end by saying thank you to you because I know how much work this has been and I salute you for your extraordinary efforts. Thank you. Doug Moore DOUG MOORE: My name is Doug Moore, I am a resident of Greenport. Just a matter of disclosure, I chair the Greenport Zoning Board of Appeals but I am speaking my mind tonight, not that of the Board. I think it is quite clear from the discussions tonight that there is a big difference in public opinion between owner occupied rentals and absent owner rentals. I think the owner occupied can probably be handled with current bed and breakfast or possibly accessory apartment regulations you currently have. If not, they could probably be adjusted slightly. Regarding the absentee owner rentals, I think that's a critical issue. It is my understanding that you are intending to write a comprehensive rental code. And that the current regulation is a stop gap measure. I think the seven night restriction is really no restriction whatsoever. You can write an agreement for seven nights and rent for 2 nights, three nights, if you do the math, that's every weekend for the entire year, so I see no effect to the seven night limit. So I encourage you to do two things, one is to use a longer period of time to try and June 2, 2015 Southold Town Board Meeting Page 71 dampen down what's foreseen as an over ambitious activity and secondly, work very hard to have a comprehensive code that will work to regulate all property rentals. That's my opinion. SUPERVISOR RUSSELL: Can 1, before, I just want to make sure everybody has had a chance to speak. Abigail Field ABIGAIL FIELD: I am not going to speak, I have to leave so I am just going to give you other people's testimony. I am not going to read it. I just wanted to make a three second point which is that when you go longer on your minimum's, the owner may not- know and the other person makes their tenant that they think they have screened, may sublet. So please consider that risk if you consider lengthening it. There's copies for everybody. Unidentified UNIDENTIFIED: I have a question, you are coming up with a law on seven days or not but basically the state of New York requires sales tax on anything under 30 days. So when those people were speaking about renting their house for the month and not collecting sales tax, it's the 31St day they don't collect sales tax. The first 30 days sales tax is due. Anything less than 30 days, you have to be a registered business in order to collect the sales tax and to rent the property. So what you are condoning to is almost something that's illegal, under the State of New York. That's not to mention Suffolk County occupancy tax which also requires the same thing. And basically what these rentals, short term rentals are doing is basically saying, we don't want any locals. Some woman just came up and said I rented to a local and I didn't get paid and that kind of puts a black line onto all the rentals that are looking for long term rentals, not short term rentals and we are actually pricing them out of the market. I mean, that's, when you look what you are doing, you have got to look at them first and everybody second because they are the ones that are being severely affected by this law and then question whether you can actually make this ruling on a `under 30 day law' and I am pretty sure you can't. Thank you. Dominick Miserandino DOMINICK MISERANDINO: I would like to thank the Board for having the patience to hear everyone, I know when I have to listen to my mother-in-law for six to 10 minutes, I really lose it at that point and this has been going on three hours that I have been sitting here but you guys... COUNCILMAN GHOSIO: You do realize your mother-in-law could see this on TV. MR. MISERANDINO: Fortunately, she only speaks Italian, so I can get away with it. Then I have heard a lot about these absentee landlords and obviously investing for the multi -billion dollar investment here in Southold homes. And it couldn't be further from the truth, I came out for my 401h birthday. I wanted to come out and ride 40 miles on the 40" birthday. I did 41, that was it. I was tired at that point. We rented a home on BRBO actually, that's how we got used to it. Why? Because I was coming with my friends, I wanted to celebrate Thanksgiving which if you could think about it, would have to be a weekend because nobody could take off for a month at Thanksgiving and we had three families, so the hotel really wasn't a viable option. In fact, at the time I called I think a few of them were even closed, they said, sorry, we are closed for the winter, have a nice day, come back in the summer. We wanted to come for the fall, we wanted June 2, 2015 Southold Town Board Meeting Page 72 to come for Thanksgiving, we felt celebrate, fortunately, my birthday landing on Thanksgiving kind of ruined my birthday but that's not the point, the point is, we wanted to celebrate together. So we rented a home and decided to buy, I am part-time here and part-time in Oceanside. This is not a situation of sitting in my ivory tower buying my million dollar estates. I am renting because that's how I can afford it. I take care of the property as much as I can myself, the last time we were here my daughter took the grabber and picked up all the trash, not only around the house but outside and she said why and I said when people see it's clean, they are going to take care of it. We bought because we love the area, we love the charm. But we have also seen that the economy is a little bit different than it was way back when I was growing up 20 years ago. You didn't take off the whole summer, you looked on the text or looked on your phone, you figured out that weekend rental. We found a need in my own family, when we travel we rent a house, it's easier for us. When the 9 year old wants to run around, it's a little hard in the 10x10 foot hotel room. A lot easier when you are renting the house. You throw the mother-in-law on the other side of the house, it's much easier that way. Hotels might have many rooms but it's easier when you are traveling in that to rent a home. We interview all the guests, because this is our home. This is the town we love and we want to move to, we keep it tidy, we keep it clean ourselves, we have a local broker who watches the property to make sure that nothing happens. The economy, someone mentioned, has changed and while we were listening, I decided to play around and I texted the gardener I work with and I texted the local people we work with and I said how much of your business 'is local and some of them were saying almost 100 percent. In the winter, almost 100 percent of their business is not local but is renters coming in. When you texted them, some of them said, I interview the guys in the restaurants on the way here and they'll say most of the people that come in the winter are renters, they are not day-trippers coming in for a pizza right next door. Day-trippers staying till 9:00 for the Dunkin Donuts. I want you to.consider what everyone has said in agreement on the effect that we are looking for, if there is problem with cars in the street, than we ticket the cars for parking on the street. If there is a problem with the grass being overgrown, then we ticket that. I think all the owners are in agreement on permitting. We love the idea of regulating it. But I would say from my perspective, I don't think there would be any renters from September to June, July if you have that year long. I also looked into and I feel bad when I hear the situation you guys are in like the Solomon decision you have, I was reading a newspaper article, a lot of municipalities are now changing the laws they have implemented because the economy has now grown in that direction. People don't normally rent for the summer like when I was a kid, we rented out here, it just doesn't happen. You rent for a week, you rent for a weekend, you do it easily and how many apps now you can choose a hotel for a night. People like to go the North Fork for four nights, they go to New York City for four nights. They are traveling, it's easy to do these kinds of things now. I think we need to regulate and watch what the renters themselves are doing and I think we need a permitting process ourselves. Thank you very much for your time. SUPERVISOR RUSSELL: Who else would like to comment on this particular local law? Tom McCarthy TOM MCCARTHY: Tom McCarthy, McCarthy Real Estate, Southold. I just want to open by saying it's a very difficult decision we have as a community, trying to regulate this and I have been on both sides of the fence, being a local real estate broker, having folks call me and saying Tom, can you rent out my place, I really need to get some money to cover the taxes, cover some June 2, 2015 Southold Town Board Meeting Page 73 of the bills and have other people coming in saying I want a place for the weekend. I had a call for a gentleman today who was looking to hang onto his grandmother's house and he said, hey, do you know anybody who does turn over services, we are looking to generate some revenue, I live in New Jersey and I need somebody to handle the property for me because we are just trying to hold onto grandma's house and she moved into a nursing home. So there's a lot of different people, a lot of different stories, a lot of different aspects of what's going on. I am fortunate to sit on the National Association of Realtors, I am a director this year. And I sit on the resort and second home committee. Two weeks ago I was in Washington DC for meetings and our local issue is local all across the country. So the very first thing on the agenda at the National Association of Realtors second home committee was short term rentals. There were folks, they stood up from the Pacific Northwest, they stood up from Lake Tahoe, from all around the country to share their stories. And as the last gentleman just mentioned, one of the presenters had mentioned that there are communities that have placed regulations on short term rentals and have gone back to revisit them and change them over the course in time. One of the things that the National Association of Realtors has done is they have engaged a law firm out of Boston who is accumulating all of the different short term rental legislation and they are putting together a yearlong study on that to see what is going on around the country. So I offer to you to liaise between that law firm and the National Association of Realtors and our town to see if indeed this is necessary, what can we pull out of the most intelligent ideas across the country in addition to the intelligent ideas that have come out this evening. In addition to that, I do own some rentals in the Township of Southampton, Township of Riverhead and the Township of Southold and as John Kramer opened this evening, he mentioned that there are registration and permits for those rentals. I agree with registering the rentals, the timeframe is entirely up to the community involvement here and what you folks decide to do but my suggestion is that if you do need to do something, start a registry and look at what the complaints are, look at what the issues are and let's try to see what we can do to get to that point of quiet enjoyment not just through the passage of time in a lease but in how one neighbor is affecting another neighbor, whether it is parking on the grass, parking in the street, time frames for music, that sort of thing. And I would encourage us to get to the point of what makes it uncomfortable for a neighbor and not just the amount of time that the lease is going to be enacted for. Thank you. SUPERVISOR RUSSELL: Thanks, Tom. Who else would like to address the Town Board on this particular local law? Please. MaryEllen Tomaszewski MARYELLEN TOMASZEWSKI: Maryellen Tomaszewski. I had just one personal experience with rentals and that was in Southold, a friend came from Ohio who was raised in this area, last summer and she and her family rented for what was supposed to be for a week but the condition of the home was not at all as it appeared in the pictures that he had posted and they only stayed four days and what I am hearing I think might be what some success stories have in common seems to be property managers or somebody who oversees whether it be someone like John Kramer who is living here in Southold and has a handle on all his properties or someone else who is hired to do that but that seems to be what tells more of a story of a success of these rentals, whether it be a weekend, a week or a month is that somebody is responsible and accessible. You can find that person. My friend was actually considering suing, the condition of the home was so bad and it was not at all kept up, the grounds or anything else, so she had that June 2, 2015 Southold Town Board Meeting Page 74 side of it and I don't think that the neighbors, I don't know what the situation with that is, I didn't follow up but in any case, I think that's what I am hearing tonight. That's what my takeaway is, there is that common thread, that there is someone responsible to go, to be able to be reach. She was not able to reach this landlord because he was in like, Brooklyn, or the Bronx or someplace that was not nearby. There was no one for her to be able to, nobody in the town either that she could reach, who was, who had that kind of job or responsibility, so there's other ways where it falls short all around. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? Tom McCarthy MR. MCCARTHY: One last point that I would like to ask the Board to consider, I believe there's some people in the room that might own a residence in a business zone, how will this proposed legislation effect a residence in a business zone? SUPERVISOR RUSSELL: I am going to defer to the attorney on that. My understanding is, unless it's, if it is a permitted use... COUNCILMAN DINIZIO: Not in a HB, its RR, MI and MII it would be permitted. SUPERVISOR RUSSELL: We will get a clarification on that, Tom. I think the intent here was the residential zones, residential uses. MR. MCCARTHY: I think you need to carve that out because there are some folks that are in a commercial zone that might be suffering the aspects of living next to a business with a residence that don't necessarily, they wouldn't necessarily be affecting their neighbor negatively as perhaps some folks in a purely residential zone and I would ask you guys to take a look at that. SUPERVISOR RUSSELL: I thought that Hotel/Motel uses were permitted as special exceptions in certain zones. I have to look... COUNCILMAN DINIZIO: They are, it is, you are right but then.... MR. MCCARTHY: But that might involve site plan, something different... SUPERVISOR RUSSELL: ZBA relief. MR. MCCARTHY: Some level of review than perhaps someone in a residential zone would be forced to do, so I would ask you to please look at that. SUPERVISOR RUSSELL: Sure, Tom. Would anyone else like to...? Allan Schweitzer ALLAN SCHWEITZER: Just a question, is there anything in existence or contemplated (inaudible) June 2, 2015 Southold Town Board Meeting Page 75 SUPERVISOR RUSSELL: Abigail Field went over pretty thoroughly the economic benefits and the Town Board has weighed that. We don't think the economic benefits should eclipse all the other issues involved. That's why we settled at seven nights. We were trying to, we were trying to extract the benefits of these rentals and at the same time protect some of the larger issues that are being raised. You know, people mentioned Solomon, I have got to tell you, like Solomon we produced a result that absolutely pleases no one, so that's, that was through an earnest effort on our part to try to balance out all sides, so.... MR. SCHWEITZER: Inaudible. It's not that it is townspeople against people who rent, that is one aspect somehow but it's also how is the town impacted economically? So there are two.... SUPERVISOR RUSSELL: I agree. I actually went to the Chambers because I had heard about the economic benefit and that had been portrayed to me' several times. I went to the Chambers and said, look, you are the local businesses, what are your impacts from these new types of uses, these new types of business. There's no consensus there. Some felt strongly against them, some felt for them, there's no consensus. I am not sure that you know, they, there's a commitment from the business community to say hey, we need this to survive. So we tried to factor that into our decision making. MR. SCHWEITZER: So there's no, the Board is not contemplating going further and saying what is the economic impact of this legislation because that would be a common road to go down... SUPERVISOR RUSSELL: It might be but again, it can't eclipse all other issues. We are in the land use business... MR. SCHWEITZER: No, no, I don't say it should but it should be part of it (inaudible). The only other comment I want to make is ask, this is really bifurcated, right? On one hand we have short term rental, what does that mean, three days, a week, a month and then we have the issue of the rental law. Those are two separate things. SUPERVISOR RUSSELL: Yes, they are. That's why we are treating them separately. MR. SCHWEITZER: So a lot of things that came up tonight that have to do with the rental (inaudible) but they are different, they are going to be.... SUPERVISOR RUSSELL: We are contemplating a rental code of a host of reasons but this basically, this is more, this is land use, this is zoning. It is about looking at the intended, what did people intend when they invested in residential zones, commercial zones, it's balancing out all this. That's a land use issue. The rental law is a regulatory issue based on a host of circumstances. MR. SCHWEITZER: Inaudible. June 2, 2015 Southold Town Board Meeting Page 76 SUPERVISOR RUSSELL: It would certainly be a necessary next step in the process, absolutely. TOWN CLERK NEVILLE: Excuse me, sir, can we have your name for the record? SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? Scott Vayer MR. VAYER: Scott Vayer with an addendum. You know, I neglected to mention because I did address it in an earlier conversation when it wasn't the public hearing but when I said that you guys have to address policy and I mentioned quiet enjoyment because I think that's central but policy also includes affordable housing because that is also central and I don't want in all the fervor to address our own personal economic needs and our own comfort, I want us to remember that there are people who have lived in this community for generations who cannot afford housing today and while some of them have a house and maybe they are trying to rent it so they can stay in the house, we have got others that don't own houses at all but they do work in our community and they do live in our community and they rent and they need to be able to rent. And if those houses aren't available for them because the owners can put them on VRBO or one of the other rental services, these people are just getting forced out of the community and I am, you know, from personal knowledge I know they are leaving and you know, selfishly we need them in our community because they do provide the backbone of our labor market but also I think it is terribly unfair for them. So I leave you with that. SUPERVISOR RUSSELL: Thank you. We did refer to our affordable housing commission who had reached the same conclusion you did. So thank you. Would anybody else? Yes. Patricia Berg PATRICIA BERG: I am Patricia Berg, I didn't intend to speak tonight but I am hearing a lot of people talking about the difference between commercial zoning versus residential zoning and that if someone is operating a business that it shouldn't be in a residence. How is a seasonal rental or a short term rental different than a year round rental? In a residential area? SUPERVISOR RUSSELL: Good question. MS. BERG: It doesn't make any sense because you have to address both of those items. COUNCILMAN DINIZIO: I think we are going to when it comes to the rental law. MS. BERG: Yeah. I am just making a point for what I have been listening to because there was a lot of people that stood up and said if people are making money on it, then it is commercial, it should be commercial. I moved into a residential zone but somebody could buy a house, owner not occupied, rent the house year round and make money, so how is that any different than somebody who rents their house seasonally? That's all. Food for thought. Thank you. Supervisor Russell June 2, 2015 Southold Town Board Meeting Page 77 SUPERVISOR RUSSELL: Would anybody else like to address the Town Board or take potshots at their mother-in-law? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:49 P.M. El beth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell