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Home My WebLink AboutTB-08/11/2015 ELIZABETH A.NEVILLE ,, om -- Town Hall,53095 Main Road TOWN CLERK �o�o �co PO Box 1179 %1 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS :o Fax(631)765-6145 MARRIAGE OFFICER =ire,* �ao Telephone: (631)765- 1800 RECORDS MANAGEMENT OFFICER --- southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING - August 11, 2015 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 11, 2015 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on August 11, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Robert Ghosio t 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 i Town Clerk Present William M Duffy Town of SoutholdTTown Attorney Present ..w.._ I. Reports 1. Programs for the Disabled Monthly Report 2. Special Project Coordinators Monthly Report 3. Zoning Board of Appeals Monthly and Department Head Report 4. Judge Bruer Monthly Report 5. Judge Evans Monthly Report 6. Judge Price Montly Report Southold Town Board Regular Meeting page 2 August 11, 2015 II. Public Notice III. Communications IV. Discussion 1. 9:00 AM-John Cushman 2. 9:30 AM-John Severini,Jeff Standish and Dave Dominy 3. 9:45 AM-Michael Collins and Jamie Richter 4. 10:00 AM-Michael Collins and Jamie Richter 5. 10:30 AM-Bill Toedter and NFEC 6. Councilman Ghosio 7. Pawloski Change of Zone 8. LL/Amend Zoning Map 9. CPF Extension 10. Special Event Request 11. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:08 PM for the purpose of discussing the following matters: Labor Matters Involving Employment of Particular Person(S) Update on PBA 11:3 0 AM - Jim Bunchuk Litigation - Town of Southold v. Frank J. Kelly, et al. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 12. EXECUTIVE SESSION -Labor Matters Involving Employment of Particular Person(s) 13. EXECUTIVE SESSION - Litigation 14. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:20PM. Southold Town Board Regular Meeting page 3 August 11, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 15. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:20PM until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to the Flag Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Obviously most people are here tonight for the local law public hearing on the short term rentals. In the meantime, we need to get the items on the agenda done, so I would invite anyone that would like to comment on any of the other agenda items to please feel free. And there will be plenty of time to comment on the short term rental legislation. (No response) V. Resolutions 2015-710 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 11, 2015. Southold Town Board Regular Meeting page 4 August 11, 2015 ✓Vote Record-Resolution RES-2015-710 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled - . Robert Ghosio Seconder ll ❑ ❑ 0 ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter l 0 0 0 ❑ Tax Receiver's Appt - William P.Ruland Voter ll 0 0 0 ❑ Rescmded Jill Doherty Voter El 0 0 0 0 Town Clerk's Appt Louisa P Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 O No Action ❑ Lost • 2015-711 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 25,2015 at the Southold Town Hall, Southold, New York at 4:30 P. M. ✓Vote Record-Resolution RES-2015-711 El Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder El 0 0 0 ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter El El ❑ ❑ Rescmded Jill Doherty Voter 0 ❑ 0 ❑ 0 Town Clerk's Appt Louisa P.Evans Mover El 0 0 ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 ❑ ❑ 0 No Action ❑ Lost 2015-712 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint John F. Betsch to the Board of Assessment Review Southold Town Board Regular Meeting page 5 August 11, 2015 RESOLVED that the Town Board of the Town of Southold hereby reappoints John F. Betsch to the Board of Assessment Review effective October 1, 2015 through September 30, 2020. I Vote Record-Resolution RES-2015-712 El Adopted ❑ Adopted as Amended ❑ Defeated -- - - Yes/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn Robert Ghosio Voter , El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr _ Mover 0 ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland Voter 0 0 0 0 El Rescinded Jill Doherty Seconder E ❑ ❑ ❑ 0 Town Clerk's Appt Louisa P Evans Voter 0 0 0 ❑ o Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ El No Action ❑ Lost 2015-713 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits 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 Joshua Whalley 5/28/15 PO Box 1284 Mattituck,NY 11952 ✓Vote Record-Resolution RES-2015-713 El Adopted Yes/Aye No/Nay Abstain Absent O Adopted as Amended Robert Ghosio Voter El 0 ❑ 0 ❑ Defeated James Dinizio Jr Voter 0 0 0 0 ❑ Tabled William P.Ruland Seconder El 0 0 ❑ ❑ Withdrawn Jill Doherty Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ O Tax Receiver's Appt Scott A Russell Voter El 0 0 ❑ Southold Town Board Regular Meeting page 6 August 11, 2015 ❑ Rescinded V ❑ Town Clerk's Appt - ❑ Supt Hgwys Appt El No Action ❑ Lost 2015-714 - CATEGORY:: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Police Department Assistance to Cutchogue Fire Department Chicken BBQ Financial Impact: ' Cost Analysis from PD is$595.30 V RESOLVED the Town Board of the Town of Southold hereby grants Police Department assistance to the Cutchogue Fire Department for its Annual Chicken BBQ on Saturday, August 22, 2015 at the Cutchogue Fire Department field, 260 New Suffolk Road, Cutchogue,provided- they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. All Town fees for this event,with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2015-714 V ' ll Adopted ' ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .. _. . ._... ❑ Withdrawn Robert Ghosio Voter ll ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Mover El 0 0 ❑ ❑ Rescinded Jill Doherty Voter , El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 DI El ❑ Supt Hgwys Appt Scott A Russell Voter CEJ El 0 ❑ No Action ❑ Lost 2015-715 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish Capital Budget for Fl Salt Storage Building Financial Impact: V Formally establish Capital Budget for construction of a Salt Storage Building on Fishers Island Southold Town Board Regular Meeting page 7 August 11, 2015 WHEREAS the Town Board of the Town of Southold adopted a 2015 Capital Budget which includes a$100,000 appropriation for construction of a Salt Storage Building on Fishers Island, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2015 Capital Fund: Capital Project Name: FI Salt Storage Building Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.43 Interfund Transfers $100,000 Total $100,000 Appropriations: H.1620.2.500.200 Buildings & Grounds Capital Outlay FI Salt Storage Building $100,000 Total $100,000 ✓Vote Record-Resolution RES-2015-715 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn -- Robert Ghos=o Seconder El 0 ❑ Supervisor's Appt James Dinizio Jr Voter Il 0 0 0 ED Tax Receiver's Appt William P.Ruland Voter ll ' 0 0 ❑ ❑ Rescinded Jill Doherty Voter El 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Mover ll ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ll ❑ 0 ❑ ❑ No Action ❑ Lost 2015-716 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for Southold Town Board Regular Meeting page 8 August 11, 2015 up to 12 weeks to Employee #7680 effective August 4, 2015 pursuant to the Family Medical Leave Act. ✓Vote Record-Resolution RES-2015-716 El Adopted O Adopted as Amended ❑ D- efeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover i ❑ 0 ❑ ❑ Withdrawn - - ❑ Supervisor's Appt James Dinizio Jr Voter ' El ❑ ❑ ❑ ❑-Tax Receiver's Appt William P.Ruland Voter ' El 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P.Evans Seconder El 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ O No Action ❑ Lost 2015-717 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modifications Financial Impact: To cover replacement of catalytic converter for Chevy Silverado;shop drill; air filters for screener; overdrawn lines for Admin. leave earnings, CAT 966 repairs. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste Management District budget as follows: From: SR 1490.1.100.500 Admin Holiday Pay $ 430 SR 8160.4.100.551 Maint/Supply CAT 966 425 SR 8160.2.500.450 Radio Equipment 50 SR 8160.4.400.665 Repairs-CBI Grinder 1,900 Total $2,805 To: SR 1490.1.100.200 Admin Overtime Earnings $ 192 SR 1490.1.100.300 Admin Vacation Earnings 238 SR 8160.2.500.200 Garage & Shop Equipment 50 SR 8160.4.100.573 Maint/Supply—Trommel Screen 400 SR 8160.4.100.625 Repairs-Chevy P/U 1,900 SR 8160.4.400.655 Repairs-966 Loader _ 25 Total $2,805 Southold Town Board Regular Meeting page 9 August 11, 2015 ✓Vote Record-Resolution RES-2015-717 El Adopted O Adopted as Amended O Defeated Yes/Aye No/Nay Abstain Absent O Tabled - - - - Robert Ghosio Voter ll 0 0 0 0 Withdrawn ❑ Supervisor's Appt James Dinizio Jr Mover Il 0 0 0 ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ 0 Rescinded Jill Doherty Seconder El 0 0 0 ID Town Clerk's Appt Louisa P Evans Voter El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ O No Action ❑ Lost 2015-718 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Use of Tennis Courts RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use the 6 tennis courts at Tasker & Jean Cochran parks for girls varsity & junior varsity matches for a total of 12 days beginning September 4 and ending on October 27. The applicant must file with the Town Clerk's Office a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-718 El Adopted ❑ Adopted as Amended ❑ Defeated _ - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland Seconder El 0 0 0 ❑ Rescmded Jill Doherty Mover , El ❑ ❑ ❑ ❑ Town Clerk's Appt Lomsa P Evans Voter El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost 2015-719 Southold Town Board Regular Meeting page 10 August 11, 2015 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Field Use-Southold Soccer RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Southold Soccer League to use the field behind the Peconic Lane Community Center for practice (Tuesday - Thursday, 5:00 - 6:00 p.m.) and for games (Sundays, 11:30 a.m. - 3:00 p.m.) beginning September 20 and ending on November 1. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. ✓Vote Record-Resolution RES-2015-719 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Mover El 0 ❑ 0 ❑ Rescinded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-720 CATEGORY: Consulting DEPARTMENT: Engineering Asbestos Survey of the Highway/DPW Yard RESOLVED that the Town Board of the Town of Southold hereby authorizes Scott A. Russell to enter into a professional services contract with D&B Engineers and Architects, P.C., for an asbestos survey of the Maintenance Garage/Office Building, the Break Building, the Trailer and the Storage Barn located at the Highway/DPW Yard, at a cost not to exceed $14,516.00 as outlined in their proposal dated August 4, 2015, said services to be a legal charge to A.1620.4.400.100, Building Maintenance & Repairs, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2015-720 El Adopted - — ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Seconder El 0 0 ❑ ❑ Tabled James Dinizio Jr Voter El ❑ 0 0 ❑ Withdrawn William P Ruland Voter El 0 ❑ 0 ❑ Supervisor's Appt Jill Doherty Voter El 0 0 ❑ ❑ Tar Receiver's Appt Louisa P Evans Mover El 0 0 ❑ Southold Town Board Regular Meeting page 11 August 11, 2015 ❑ Rescinded Scott A Russell Voter ' 11 ❑ ❑ ❑ O Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-721 CATEGORY: Budget Modification DEPARTMENT: Information Technology Budget Modification for Hardware and Software Purchases Financial Impact: Budget Modification weill be between the IT Operating Budget Accounts to increase Police Server capital project RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1680.4.400.553 Police Systems Maintenance $2855 To: A.9901.9.000.100 Transfer to Capital Fund $2855 and be it further RESOLVED that the Town Board of the Town of Southold hereby increases the 2015 Capital Fund as follows: Revenues: H.5031.33 Server Upgrades $2855 Appropriations: H.1680.2.600.600 Server Upgrades $2855 ✓Vote Record-Resolution RES-2015-721 ll Adopted , Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended - -- Robert Ghosio Mover ll ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 21 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter El 0 0 0 ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Voter 0 0 0 0 ❑ Tax Receiver's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter , 0 ❑ ❑ ❑ O Town Clerk's Appt Southold Town Board Regular Meeting page 12 August 11, 2015 ❑ Supt Hgwys Appt 0 No Action O Lost 2015-722 CATEGORY. Attend Seminar DEPARTMENT: Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Inspector Gary Fish, Building Permits Examiner Damon Rallis and Fire Marshall Robert Fisher to attend a seminar on Wood Framing in Southampton,New York, on August 19, 2015. All expenses for registration and travel to be a legal charge to the 2015 Building Department budget'(meetings and seminars). ✓Vote Record-Resolution RES-2015-722 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ ❑ Withdrawn Robert Ghosio Voter 11 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 11 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 121 ❑ ❑ ❑ o Town Clerk's Appt Louisa P Evans Voter Q ❑, ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ' Voter . El ❑ ❑ ❑' ❑ No Action ❑ Lost 2015-723 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for Generator Replacement at PD HQ Financial Impact: Formally appropriate funds for Generator included in 2015 Capital Budget WHEREAS the Town Board of the Town of Southold adopted a 2015 Capital Budget which includes a$29,000 appropriation for a Generator replacement at Police headquarters, and Southold Town Board Regular Meeting page 13 August 11, 2015 WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2015 Capital Fund: Capital Project Name: Emergency Generators Financing Method: Transfer from the General Fund Whole Town Budget: - Revenues: H.5031.12 Interfund Transfers $29,000 Total $29,000 Appropriations: H.1620.2.300.100 Buildings & Grounds Capital Outlay Emergency Generators $29,000 Total • $29,000 ✓Vote Record-Resolution RES-2015-723 El Adopted _ - ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Seconder El 0 ❑ ❑ ❑ Rescinded Jill Doherty Mover D 0 ❑ 0 ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 ❑ ❑ ❑ No Action . ❑ Lost - 2015-724 CATEGORY: Property Usage DEPARTMENT: Recreation Field Use-Peconic Panthers Football RESOLVED that the Town Board ,of the Town of Southold does hereby grant permission to the Peconic Panthers Football League to use the north outfield at Tasker Park for practice (Monday - Friday, 5:00 - 8:00 p.m.) and the football field at Cochran Park for games (Sundays, 9:00 a.m. - 7:00 p.m.) beginning on August 12 and ending on November 15. Applicant must file with the Town Clerk a Two Southold Town Board Regular Meeting page 14 August 11, 2015 Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. ✓Vote Record-Resolution RES-2015-724 E Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter E ❑ 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter i E ❑ 0 ❑ ❑ Tax Receiver's Appt William P Ruland Mover E 0 0 0 ❑ Rescinded Jill Doherty Voter ' E 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder E 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter E ❑ 0 ❑ ❑ No Action ❑ Lost 2015-725 CATEGORY: Property Usage DEPARTMENT: Town Clerk Peconic Landing Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Peconic Landing @ Southold, for a fireworks display on August 30, 2015 at 9:00PM (Rain Date: September 6, 2015) at 9:00 PM), on the Peconic Landing's property at 1500 Brecknock Road, Greenport,New York, 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-2015-725 E Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye , No/Nay Abstain Absent ❑ Tabled _ __ ❑ Withdrawn Robert Ghosio Seconder E 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter E 0 0 ❑ ❑ Tax Receiver's Appt William P.Ruland Voter E 0 0 0 0 Rescinded Jill Doherty Voter E 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Mover E ❑ 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter E ❑ ❑ ❑ o No Action O Lost Southold Town Board Regular Meeting page 15 August 11, 2015 2015-726 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Authorize Ro Bid Compost Turner RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for a Self-Propelled Compost Windrow Turner for use at the Department of Solid Waste. I Vote Record-Resolution RES-2015-726 Q Adopted ❑ Adopted as Amended ❑ Defeated - " " "" " " " Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover El 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P.Ruland Voter Q 0 0 0 ❑ Rescinded Jill Doherty Voter Q ❑ 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ 0 ❑ No Action ❑ Lost 2015-727 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Serial Bond Principal Financial Impact: Additional appropriation for serial bond principal RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $3,800 Total $3,800 To: A.9710.6.000.000 Serial Bond Principal $3,800 Total $3,800 Southold Town Board Regular Meeting page 16 August 11, 2015 ✓Vote Record-Resolution RES-2015-727 El Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑ Withdrawn -James CI Supervisor's Appt Dinizio Jr Mover El 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El ❑ 0 0 ❑ Rescinded Jill Doherty Voter 11 0 0 ❑ 0 Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ' El ❑ ❑ 0 ❑ No Action ❑ Lost 2015-728 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Asbestos Survey Financial Impact: Provide appropriation for asbestos survey at Highway Department RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.9901.9.000.100 Transfer to Capital Fund $14,516 Total $14,516 To: A.1620.4.400.100 Building Maintenance/Repairs $14,516 Total $14,516 ✓Vote Record-Resolution RES-2015-728 El Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio t Voter ' 0 ❑ ❑ 0 ❑ Tabled James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P Ruland ' Seconder E ❑ ❑ ❑ LI Supervisor's Appt El Tax Receiver's Appt Jill Doherty Mover El ❑ ❑ 0 ❑ Rescinded Louisa P Evans Voter El ❑ 0 0 LI Town Clerk's Appt Scott A Russell Voter El ❑ 0 0 ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting page 17 August 11, 2015 ❑ Lost 2015-729 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Serial Bond Principal Financial Impact: Use leftover bond proceeds for debt service principal payment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Highway Fund Part Town budget as follows: From: DB.9901.9.000.100 Transfer to Capital Fund $46,182 Total $46,182 To: DB.9710.6.000.000 Serial Bond Principal $46,182 Total $46,182 ✓Vote Record-Resolution RES-2015-729 Q Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter j El 0 0 0 , ❑ Tax Receiver's Appt William P Ruland Mover ' Q ❑ ❑ 0 o Rescinded Jill Doherty Voter Q ❑ _ ❑ ❑ O Town Clerk's Appt Louisa P Evans : Seconder El 0 ❑ ❑ o Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-730 CATEGORY: Authorize to Bid DEPARTMENT: Fishers Island Ferry District Authorize to Bid-Elizabeth Field Airport Southold Town Board Regular Meeting page 18 August 11, 2015 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's Office to advertise for proposals for the construction of the Airfield Lighting and Signage Repairs Contract for the Elizabeth Field Airport, Fishers Island,New York. I Vote Record-Resolution RES-2015-730 E Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - Robert Ghosio Seconder, E ❑ ❑ 0 ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter E 0 0 0 ❑ Tax Receiver's Appt William P.Ruland Voter E ❑ 0 0 ❑ Rescinded Jill Doherty Voter , E ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Mover E 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter E ❑ ❑ ❑ O No Action ❑ Lost 2015-731 CATEGORY: Advertise DEPARTMENT: Town Clerk Resignation from HAC and Advertise RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Fred Andrews of the Housing Advisory Commission, effective immediately. And be it further RESOLVED that the Town Clerk's office by authorized and directed to advertise for same. ✓Vote Record-Resolution RES-2015-731 E Adopted O Adopted as Amended ▪ Defeated - - - -- - - -- -- -- Yes/Aye , No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover E ❑ 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter E 0 0 0 0 Tax Receiver's Appt William P Ruland Voter E ❑ 0 0 ❑ Rescinded Jill Doherty Voter E ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action O Lost r Southold Town Board Regular Meeting page 19 August 11, 2015 2015-732 CATEGORY: Contracts, Lease&Agreements DEPARTMENT: Town Clerk Laserfiche RIO Change Order Financial Impact: Funded through Budget modification 2015-708 08/11/15 A.1989.2.400.520 •Personal Computer Software$7,100.00 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Change Order#S0O452_08032015 in connection Laserfiche RIO Project with General Code Publishers Corporation in the amount of$8,208.00, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-732 ll Adopted ❑ Adopted as Amended ❑ Defeated yes/Aye No/Nay Abstains Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter , 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Mover ll 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter 0 0 0 ❑ 0 Rescinded Jill Doherty Seconder ll 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ll 0 0 0 0 Supt Hgwys Appt Scott A Russell _ Voter l 0 0 0 ❑ No Action ❑ Lost - - -- - --- -- - - - - - - ---- - -- - - -- — - - - - ---- 2015-733 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints Robin P. Sweeny as a Temporary Marriage Officer for the Town of Southold, on Saturday, October 3, 2015 only,to serve at no compensation. I Vote Record-Resolution RES-2015-733 ll Adopted - _ - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Voter ll 0 0 0 ❑ Tabled James Dinizio Jr Voter ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconder l ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter ll 0 ❑ ❑ ❑ Rescinded Scott A Russell Voter ll 0 0 0 Southold Town Board Regular Meeting page 20 August 11, 2015 o Town Clerk's Appt ❑ Supt Hgwys Appt 0 No Action - ❑ Lost 2015-734 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 9/22/15 @ 4:32 PM Pawlowski Change of Zone RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Paul Pawlowski regarding a portion of the property identified as SCTM#1000- 122-7-9 from R-80 to General Business (B); and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED, that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map as Lot#1000-122-7-9 from R-80 to B" at Town Hall located at 53095 Main Road, Southold,New York, on the 22°d day of September, 2015 at 4:32 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing. ✓Vote Record-Resolution RES-2015-734 21 Adopted - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated - . - Robert Ghosio Voter E1 ❑ 0 0 ❑ Tabled James Dmizio Jr Voter 0 0 0 0 ❑ Withdrawn William P Ruland Mover E1 ❑ 0 ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ 0 ❑ Rescinded Louisa P Evans Seconder 0 ❑ 0 ❑ ❑ Town Clerk's Appt Scott A Russell Voter ` 0 ❑ 0 0 ❑ Supt Hgwys Appt O No Action Southold Town Board Regular Meeting page 21 August 11, 2015 ❑ Lost 2015-735 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Police Advisory Vacancy RESOLVED that the Town Board of the Town of Southold hereby appoints John O'Brien to the Police Advisory Committee, effective immediately. I Vote Record-Resolution RES-2015-735 E Adopted O Adopted as Amended ❑ Defeated Yes/Aye i No/Nay Abstain Absent O Tabled ❑ Withdrawn Robert Ghosio Seconder E 0 0 ❑ James Dinizio Jr Voter E 0 ❑ Supervisor's Appt ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter ' RI 0 0 0 ❑ Rescinded Jill Doherty Voter E 0 ❑ ❑ o Town Clerk's Appt Louisa P Evans Mover E 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter RI 0 ❑ 0 0 No Action ❑ Lost 2015-736 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Commercial MSW Tip Fee RESOLVED that the tip fee at the Transfer Station for the acceptance of MSW designated as high-volume commercial shall be set at $85/ton, effective August 12, 2015. ✓Vote Record-Resolution RES-2015-736 RI Adopted Yes/Aye No/Nay Abstain Absent O Adopted as Amended Robert Ghosio Mover E 0 ❑ ❑ ❑ Defeated James Dinizio Jr Voter E 0 ❑ ❑ ❑ Tabled William P Ruland Voter E 0 ❑ ❑ ❑ Withdrawn Jill Doherty , Voter E 0 0 0 ❑ Supervisor's Appt Louisa P Evans Seconder E 0 0 0 O Tax Receiver's Appt Scott A Russell Voter ' E ❑ 0 0 0 Rescinded Southold Town Board Regular Meeting page 22 August 11, 2015 ❑ Town Clerk's Appt - ❑ Supt Hgwys Appt ❑ No Action O Lost 2015-737 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Town Clerk Financial Impact: Provide appropriation for payment of sick leave and overtime RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1990.4.100.100 - Unallocated Contingencies $7,100 Total $7,100 To: A.1410.1.100.200 Town Clerk, FT Employees, Overtime Earnings $1,000 A.1410.1.100.400 Town Clerk, FT Employees, Sick Earnings 6,100 Total $7,100 ✓Vote Record-Resolution RES-2015-737 El Adopted ❑ Adopted as Amended - • ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio ❑ Jr Mover El ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El ❑ 0 ❑ ❑ Rescinded Jill Doherty Voter El 0 0 ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ' ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q 0 0 ❑ ❑ No Action O Lost 2015-738 CATEGORY: Enact Local Law Southold Town Board Regular Meeting page 23 August 11, 2015 DEPARTMENT: Town Attorney Enact Change of Zone Fishers Island WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 30th day of June, 2015, a Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM #1000-12-1-1.2 from R-120 to AHD"; and WHEREAS, on July 7, 2015, the Suffolk County Department of Economic Development and Planning deemed the subject change of zone a matter for local determination; and WHEREAS, on July 31, 2015,the Local Waterfront Revitalization Program Coordinator found that the subject change of zone is consistent with LWRP standards; and WHEREAS, on July 31, 2015,the Southold Planning Department recommended that the subject change of zone will not have a significant effect on the environment,that a Draft Environmental - Impact Statement should not be prepared and that a negative declaration be adopted; and WHEREAS, on August 3, 2015,pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on August 5, 2015, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons were given an opportunity to be heard; and WHEREAS,the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED,that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM#1000-12-1-1.2 from R-120 to AHD"which reads as follows: LOCAL LAW 6 of 2015 Section 1. Purpose. Southold Town Board Regular Meeting page 24 August 11, 2015 The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as SCTM#1000-12-1-1.2 from R-120 to AHD, to allow for the construction of three (3) single-family homes that will remain affordable in perpetuity. Section 2. Code Amendment. Based on the goals and identified housing needs of the Town;and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM#1000-12-1-1.2 fromR-120 to AHD. The property is approximately .75 acres and is located off of Fox Lane on Fishers Island in the Town of Southold. Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2015-738 E Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _..... _ ID Withdrawn Robert Ghosio Voter E ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter E ❑ ❑ ❑ o Tax Receiver's Appt William P Ruland Voter E ❑ - ❑ ❑ ❑ Rescinded Jill Doherty Mover E ❑ ❑ ❑ ID Town Clerk's Appt Louisa P.Evans Seconder El 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter E ❑ ❑ ❑ ❑ No Action ❑ Lost Supervisor Russell I would just like to remind the Board members to speak into the microphones, too. There are so many people in here, they may not be able to hear. 2015-739 CATEGORY: Sega Southold Town Board Regular Meeting page 25 August 11, 2015 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 Consistency Review. ✓Vote Record-Resolution RES-2015-739 O Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _.__ _ o Withdrawn Robert Ghosio Voter 0 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 0 0 ❑ - ' William P Ruland Mover 0 0 ID Tax Receiver's Appt ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ 0 0 ❑ No Action ❑ Lost 2015-740 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL- Transient Rentals RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." And be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" reads as follows: LOCAL LAW NO. 7 of 2015 Southold Town Board Regular Meeting page 26 August 11, 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of internet based "For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. 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 fourteen(14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences, two-family residences, and townhouses rented for a period of less than fourteen (14)nights and shall not include: 1. Any legally operating 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. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14)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 Southold Town Board Regular Meeting page 27 August 11, 2015 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 andoilcloth; matches; paint, varnishes and turpentine; rubber(natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating - oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. - G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within-1,000 feet of tidal waters or tidal wetlands. 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 - --------- Southold Town Board Regular Meeting page 28 August 11, 2015 highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits,takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation,punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than$3,000 nor more than$15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s)to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. 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. I Vote Record-Resolution RES-2015-740 . ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent LI Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ ll Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter 0 0 0 0 ❑ Supervisor's Appt Jill Doherty Mover D ❑ ❑ ❑ Southold Town Board Regular Meeting page 29 August 11, 2015 ❑ Tax Receiver's Appt Louisa P Evans Seconder El ❑ ❑ ❑ O Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑_Supt Hgwys Appt ❑ No Action ❑ Lost Next:8/25/15 4:30 PM 32. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:49 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell VI. Public Hearings PH 8/11/15 @ 7:32 PM LL/Transient Rental Properties RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Councilman Robert Ghosio,Jr. 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 14th day of July, 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 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 11th day of August,2015 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" reads as follows: LOCAL LAW NO. 2015 . A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". Southold Town Board Regular Meeting page 30 August 11, 2015 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. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. 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 fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences, two-family residences, and townhouses rented for a period of less than fourteen(14) nights and shall not include: 1. Any legally operating 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. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) 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 Southold Town Board Regular Meeting page 31 August 11, 2015 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. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks,pipelines, buildings, structures and accessory equipment designed, used or intended to be used-for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public 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. Southold Town Board Regular Meeting page 32 August 11, 2015 §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall,upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding$5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than$8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than$3,000 nor more than$15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5),the court may sentence the defendant(s)to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. 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. I do have a memorandum from the LWRP coordinator stating that the proposed local law that amends chapter 280 adding the definition of transient rental properties and regulations will not adversely affect the environment. I have a memorandum here from the Planning Board, the Planning Board states that it supports the legislation based on the following: The minimum rental term limit of fourteen nights will further protect the quality of life of residents of adjacent properties by eliminating high turn-over of occupants of rental properties. The protection of quality of life of residents is a town goal. It is our understanding that current town code sections will address adverse impacts, noise and parking or violations (over-occupancy, no certificate of Southold Town Board Regular Meeting page 33 August 11, 2015 occupancy) on a case by case basis as problems arise. I have here a letter from the Suffolk County Department of Economic Development and Planning, the chief planner Andrew Freleng, Pursuant to the requirements of Sections A 14-14 to 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 for local determination as there is no apparent significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. I do have here a legal notice, copies of the legal notice for this hearing in the Suffolk Times, July 30, 2015. I have a sworn affidavit that this local law hearing was noticed in the Town Clerks office and on the bulletin board. I have here roughly 80 letters and email correspondence which have been made part of the record for this hearing. That's it. Supervisor Russell SUPERVISOR RUSSELL: Okay. Just a couple of ground rules, please, first of all, the town is certainly not going to put anybody on a time limit, you are welcome to speak as long as you like but we ask you to please be succinct. There are so many people here and so many views that we really need to listen to. Also, please refrain from applause, from heckling, those serve no public purpose and we just can't have that tonight. It would certainly drag out the festivities a little longer, so with that being said, I am going to ask whoever would like to go first to address this local law? Councilwoman Jill Doherty COUNCILWOMAN DOHERTY: Scott, may I just say something? SUPERVISOR RUSSELL: Sure. COUNCILWOMAN DOHERTY: I just want to clarify that with all of the talk that we have been going over the past six months, this public hearing is to define transient rentals, it is not to establish a rental law. This is just for defining transient rentals. A lot of people are confusing it and think we are making up a local law. SUPERVISOR RUSSELL: I am going to go to you first and you can go right after him. Mike & Grace Griffin,East Marion MIKE AND GRACE GRIFFIN: Good evening, Mike and Grace Griffin, East Marion. Just as Uber has radically changed the taxi industry in many cities in the United States and around the world, Airbnb is transforming the house rental business here and around the world. Once quiet residential neighborhoods in the Town of Southold are being transformed into commercial operations lining the pockets of absentee landlords who would have us change from quiet neighborhoods into resort playgrounds. The reason we moved to the north fork was because of the family oriented, rural character and quiet beauty of the area. We did not move to an ongoing party scene for visitors. It is absolutely essential that Southold Town retain the 14 day rental requirement. This is a vital first step in protecting the residents of the area. We need the town's help to control the rental economic incentives that threaten to blight our communities. Without the town's protection, community residents will be submerged in the growing unregulated Airbnb tsunami. On my little street in East Marion, over 50 percent of the homes are currently Southold Town Board Regular Meeting page 34 August 11, 2015 rented. It is true that rentals have been part of Southold for many years and that many families, including mine, have enjoyed the benefit of renting here. But make no mistake, a paradigm shift in short term rentals is occurring. The town must act to stay ahead of the short term rental tidal wave and enforce violations for the 14 day minimum. We commend you for realizing the original seven day proposal would offer little, if any, relief. The 14 day proposal is an essential, long overdue first step in offering relief to our residential neighborhoods. Hopefully, you will vote to adopt this tonight and follow up with a more comprehensive plan that includes permits, fines and a limited number of rentals in one location or even longer periods of rentals in residentially zoned areas. Thank you. Supervisor Russell Jeanne Cooper, Greenport JEANNE COOPER: My name is Jeanne Cooper, I live at 414 Clark Street in Greenport. My son and his family are raising a three year old and a five month old in Southold, as is my niece raising a two year old and four month old in Greenport outside the village. I am a very busy Mimi. I first before I comment on the amendment, I really would require a clarification as to the definition that you have for transient rental. As I read the, let me just tell you a little bit about who I am. I am a retired assistant vice president of Bank of New York mortgage division, so I kind of go to the specifics of the regulations and law regarding property. In the proposed amendment it describes the property as being defined as non-owner occupied properties. In the greater genre of legalities when it comes to home ownership, owner-occupied is a very specific term. It would disqualify second homes who actually tend to be very big problem with this short term rental and also primary homeowners that would perhaps take vacation and rent the Domes out in the same area for weekends at a time. So I really feel, since this could be a very large legal loophole, that somebody when you go to enforce the law, could jump through. I really think that the attorney should take a look at that and remove the designation of non-owner occupied. It is very, very important. This law will have no teeth. Most of the properties that we are talking about are second homes. SUPERVISOR RUSSELL: Okay. MS. COOPER: The other thing is, I would like to commend this Board taking steps to regulate and to protect the community from what I like to term, transient hoteleries and kind of fake B&B's that are coming into our community. I fully support the law but I don't think that it goes far enough, I think it is more appropriate that instead of the 14 days that it be extended to 30 days. this is more in keeping with our traditional seasonal rentals that we have had in perpetuity out here for when people perhaps are introduced their families to the communities. I am a little late to the party, I do understand that but I really would like this Board, since we have tabled the vote on it perhaps to seriously take a look at a 30 day regulation on that particular aspect of the law. Okay. So that's number one. Number two is a lot has been said that I read from the previous meeting that I unfortunately was not able to attend in February and July of the economic boost that this type of rental gives to the community. As I see the only economic boost that is gotten is from the short term rental homeowners. It concerns me just having gone through the horrors of the recession and properties that become distressed because homeowners purchased them thinking that they are going to be able to subsidize their home payments if they Southold Town Board Regular Meeting page 35 August 11, 2015 have mortgages or their taxes with perhaps rentals, whereas in a community now or environment where rentals are perhaps very good, they can rely on that income but going forward, may not be able to rely on that income. So the fact that people are interested in renting their homes for days at a time indicates to me that they may not be financially capable of maintaining these properties. If I had a home, which I do, I wouldn't want strangers in my home for days at a time. if there are people that are looking to perhaps keep these as investments and use the transient rental income as a way to help support their ownership of these homes, I don't want it done on the backs of our community. If they can't afford to keep the house, they need to sell it. Put it back into the housing market pool, such that residents who perhaps want to raise their families here, want to live full time or true second homeowners have an opportunity to purchase without the investor pressure that drives up artificially the purchase price of homes in our community. And I feel absolutely strongly about that. On Fishers Island, you just changed a zoning for affordable housing. I have been involved in affordable housing for over 20 years, I helped with Southold's affordable housing with Mr. McMahon for many, many years. Listen, we don't need to be subsidizing home ownership of people who can't perhaps afford these homes. And then the last thing that I would like to say is, if some of these homes and I am serious about this'30 days, I hope you do reconsider that, some of these homes that were purchased with mortgages and I know that some of them have been represented by attorney but I would like to call attention to the fact that FHA, Fannie May, VA and Freddie Mac all have occupancy riders that are part of the mortgage note that the borrower signs at closing and in that for both true second homes and for home ownership, if it requires that a home be occupied within 60 days of closing, that the home not be rented for a year and that if the home is rented that the mortgage lender be notified - in writing that the home is being rented. Now the riders will tell you that it is not likely that a mortgage lender would take any action against a homeowner who is in good faith renting their home out, however, I will say that in given the economics of homeownership and the way we have come through the recession, they may very well be interested that the home is being used as a de facto B&B or a transient hotel. Mortgage companies are making spot checks, I am not making this up,,this is true and anyone that actually has a problem, you first line of defense is our Board, who has taken great steps to regulate this but if a property has a mortgage, it is recorded in the county and the name and address of that mortgage holder is available to the public. This is a very serious quality of life issue. I am absolutely surprised that the Planning Board designates this as having no environmental impact. We often think of environmental impact as just air/water quality but environmental impact also encompasses quality of life impact. This practice which is currently not legal, is rampant and I applaud this board and I would ask you to please reconsider 30 days. SUPERVISOR RUSSELL: Just to clarify, actually the Planning Board didn't clarify the use of these short term rentals as deleterious or anything to the environment, it just spoke to the issue of the proposed code itself. Action on the code is not going damage the environment, otherwise it would require a full environmental impact statement. MS. COOPER: Okay, I was wrong on one point. SUPERVISOR RUSSELL: It's SEQRA, its technical bureaucratic SEQRA. Southold Town Board Regular Meeting page 36 August 11, 2015 MS. COOPER: I didn't know about that coming in, so I was a little surprised. Thank you. Abigail Fields ABIGAIL FIELD: Hi. Before I get into my formal testimony, just a couple of quick observations. This seems to be perceived as an internet phenomenon. The world is now different before Airbnb. It was fine to do week long family rentals before but now in the world of Airbnb, it is no longer. When I was on my way here, I stopped in at Michaelangelo's to have a salad, I started talking to the guy sitting next to me. He is not here tonight, not trying to testify, he said, well you know, when I was in East Marion growing up there was a new family in every single house every week. We would p lay with the kids on the beach and then they would all go home and the next week there would be other kids. So I said, are you emotionally scarred? And he said no. I said, were you traumatized? He said, no I moved back out here as fast as I could, I loved it here. Right? And again in this idea that this is a new phenomenon in East Marion, there's constant turnover. An East Marion homeowner, because she knew where I stand on this issue wrote me an unsolicited email in which she was outraged that this Board seemed to make these findings that the quality of life is now being destroyed in this rental world and she pointed out to me that this new biography called `In Her Own Name' which is a biography about a woman in East Marion in the 1800's, she sent me five pages and I am going to just read a couple of sentences from a page here and there... UNIDENTIFIED: Inaudible. MS. FIELD: Oh, I am sorry. My name is Abigail Field, I represent, I am a resident of Cutchogue, I am raising my family here. I am an attorney and I represent about two dozen homeowners who engage in short term rental. So I have a particular position on this and I paid to have that position but I would not take these clients if I did not think it was a sound, sensible... SUPERVISOR RUSSELL: Can you just please address the Board? MS. FIELD: I am sorry. I have been so attacked in the press as a person for sale... SUPERVISOR RUSSELL: I understand. MS. FIELD: I felt a little defensive. There are lawyers who represent people they don't agree with. I don't happen to be one of them. In any case, so here is a sentence; `there has also been an outburst of ill feeling (the letter is full of local gossip), Orient was overrun this summer with visitors from New York and the Village's famous commitment to temperance was being sorely tried' because apparently the New Yorkers like to drink. And then the fashion for summer rustication in the last the quarter of century had swept Long Island. Orient is full of boarders who appear to enjoy themselves and all the pleasures to be obtained in a seaport town. Sail boats and livery stables are doing a thriving business, Southold's Long Island Traveler reported on July 22, 1880. The overnight steamer from New York and the railroad from New York to Greenport made the Village easily accessible. And by the late 1870's,the Traveler was reporting that the few hotels in Orient were fully booked and the villagers were eagerly preparing guest rooms to catch the overflow. As usual, what was seen as a potential windfall by some members Southold Town Board Regular Meeting page 37 August 11, 2015 of the community was experienced with horror by others. Many city people who had come as tourists now wanted to become summer residents and began looking for property. You know, it goes on and it points out that Orient is a thriving little village on the east end of Long Island with having a few less than 800 inhabitants but it supports three milkmen. Right, you have got three local, first class local markets and dry goods stores, you know, where is another village that can make a better showing in this time? And it was all because of all of this tourism coming in. You know, it goes on. The point is, what's old is new. This has been an issue from time immemorial. It is not an Airbnb issue. This is an issue of people coming in to enjoy this precious resource but because they are not here all the time are not necessarily welcome by everybody. That's fine but let's not get caught up in the idea that this is a new phenomenon, that is a new tsunami, that is newly changing. So that said, a lot of people will talk about the economics and other things. I am going to be very focused on one issue in my testimony, which is enforcement. Because this proposal is an attempt to stop vacation rentals, that's what the last lady was talking about. Let's not even have 14 day rentals, let's shut this down. Okay. so, maybe that is economically a really bad idea, as some people will talk about but the real question is, will this law stop them? Are you actually going to achieve anything by passing this particular bill? And I am going to suggest to you that no, you are not. And this is political theatre and that is not worthy of this Board and here's why. Take a look at BRBO for Riverhead. Riverhead is a 30 night rental right now,just like the lady wanted. If you put in Aquebogue, Jamesport, South Jamesport and you put in no dates because if you put in dates, it will take out the ones that are booked. No dates, there are three dozen rental properties that are available that are less than one week. And that's in the face of a 30 night minimum. Southampton has a two week minimum. Y ou do the same search, you get almost 300 properties, okay? Now, my clients hired me because they want to be law abiding and they want a law to make sense, so we are trying hard to help affect law that works and that can be obeyed. But if you pass something like this, you will lose people like my clients. The nuisance houses, the one who don't care, the ones who might actually be at risk of creating Montauk madness that everybody worries about, they will find a way, they will just keep doing it. So that's just an empirical observation. There's more problems besides. So not to be offensive, I am not trying to be but Southold doesn't have a good track record of code enforcement to begin with, okay? The noise ordinance hasn't been particularly enforced because if it was, we wouldn't have nuisance house complaints, okay? We also have, if you go on the Airbnb sites and you look not for vacation rentals but you look for the ones where people are in the house, there's a bunch of them. Those are illegal B&B's. You are not enforcing codes you have on the books. So even if this statute as drafted and I will get into the actual language as we go, even if it was enforceable easily, the town doesn't have a record that should suggest to anyone in this room that this is going to shut down short-term rentals, okay? And that the only people that will leave it are the most responsible community oriented people to begin with. Okay. Now, I have to say I am not going to assign quoting to anyone of you in particular but in news reports there has language about well, enforcement will be complaint driven. We will do complaint driven enforcement. If that is true, that alone is a concession this doesn't stop short- term rentals. Because if you are doing a complaint driven approach what you are saying to everybody else is, you are illegal but keep your head down. Don't tick off your neighbors, don't tick off the code enforcement officer, don't tick off anybody powerful in town and you can keep doing your illegal rental because we will only come after you if there is a complaint. So again, not going to shut it down. Maybe you are not going to do complaint driven, maybe you are Southold Town Board Regular Meeting page 38 August 11, 2015 going to be pro-active enforcement, so let's not talk about how you might do pro-active enforcement of this law. Okay? There are two presumptions in there that are supposed to make it easy for you to do pro-active enforcement. One of them says, if the owner is advertising on any of the rental websites like Airbnb, BRBO or whatever, we are going to assume you are guilty and we are going to get in touch with you and you can prove you are innocent. Okay? it doesn't have any more information except you are on the website. Well, the Supreme Court many years ago decided that commercial speech is protected by the First Amendment and that truthful, non- deceptive advertising cannot be infringed unless it furthers a substantial state interest and does it without restricting any more speed than is necessary. The way that presumption reads, if I advertise a 14 night minimum or a 30 night minimum, I am still presumptively illegal. That is not constitutional, so that paragraph goes out. That's not even, that's not tough. The next presumption, he says anywhere where you are advertising for 14 days or less, doesn't matter. Could be internet or anywhere else, we assume you are guilty. Okay fine, but that also doesn't get you very far because if I am advertising an illegal product, you might think maybe I am doing something illegal and you can get in touch with me, okay, fine and then I have a chance to show you I am not doing anything illegal. Fine. What did that gain you? That doesn't really add a whole lot, right, to your powers already. It doesn't eliminate y our need to prove that I rented illegally and just in case anybody wonders why I advertise for say a week but only be willing to sign a two week rental? Well, it turns out when you are on these sites, if you search for a two week rental, the only people who will find your two week rental are searching for two week rentals. Right? Which is almost nobody. So you have no access to a potential market if you put in there that it's a two week minimum. But if you put a one week and they reach you, reach out to you and say I would like to rent your place, you say, here's the deal, I can't book you for one week but for the same price, you can have it for two. Are you interested? And you can have this conversation, it's called upselling. Now it may not always work but it at least allows you to find customers. So it allows you to attempt to do the transaction. So it is possible, in fact, that people might advertise for less and in fact be able to prove they have done nothing illegal. So that's why it is good that that's a rebuttable presumption and it is constitutional but I don't know that it gets you anything. Okay, so then let's think for a second and say, okay, whether it is complaint driven or not, you actually find somebody, you think this person, my neighbor here, I have been watching carefully and I think there has been a different family this week and a different family that week. That house must be violating the law. I call up the code enforcement officer. I am irate. I want you to shut down that illegal rental. And you get in touch with the owner and the owner says, here, here's my lease. It's for two weeks. But wait the turnover happened. But I rented to Tommy Tourist, maybe Tommy Tourist sublet it without my knowledge. I don't know. I have a two week lease, I am not supposed to be on top of their quiet enjoyment when they get my lease. In fact, this happens all the time. People in Southampton will do rentals and then have it sublet out from under them. The owner loses control when you require a minimum that is not where the market is. You end up with this rental after market and it is actually more disturbing to your neighbors because the owner who cares about their property cannot screen. So you might end up in a situation where you think you have got them dead to rights because you think you have got the turnover and it's still legal. But then let's get back even further into this enforcement problem. You want to do proactive enforcement, you want to get in touch with everybody and you want to check. If you go on BRBO or Airbnb and you look at a listing, it does not tell you necessarily the name of the owner, it does not tell you the address. It gives you Southold Town Board Regular Meeting page 39 August 11, 2015 a map with a bubble around it. The only way you get real contact information and real address - information is to actually book it. -Is the town going to front the code enforcement officer a credit card, to start booking rentals to get the information? Are you going to take the photographs and hope that they are current and you are going to take an exterior shot and you are going to drive around all the neighborhoods and try to figure out what house is what and then go to your tax maps and get the information? Complaint driven, that's not a problem because complaint driven at least the neighbor is saying that house is there. Right? But then you still run into that situation that it looks like it's an illegal rental but it was a legitimate two' week lease. All I am trying to say to you, for starters, this is not an unusual problem, this is not an interne problem. This is hundreds of years between visitors and locals. And then this approach, this minimum night approach to dealing with it does not create something that is enforceable or that is effective. There is another way, you started with it back in the fall which is a rental registry and permit approach which would allow you to make things transparent, it would allow you to require 24/7 contact, it would allow you to impose quality of life restrictions, it would allow you to collect a fee and fund enforcement. There are other ways to do this that could be effective. Does your ad have a registration number in it? No, barn, we got you. We don't have to look at your lease. Okay? There are better ways. We should be having a different conversation. So that is my testimony. I have-a little bit from a couple of other people who cannot be here tonight but who own property in the Town of Southold and they are short. One of them is a woman named Katherine Bicknell from Southold, she says "My name is Katharine Bicknell and I am a homeowner in the hamlet of Southold. I am testifying today to respectfully request the Board not enact restrictions against short term rentals. Purchasing a home in Southold was a dream come true for me and I cherish my time in my home and in Southold. I love waking up in my home, going for walks on the Sound, visiting farmstands and frequenting local stores and restaurants. I also find incredible joy in sharing my home in the area with my friends and family and showing them the beauty that Southold and the north fork have to offer. While I treasure my home, I also occasionally rent it to cover the cost of maintaining and upgrading the property which benefits local businesses. Over the past year, I have used the rental income to help in installing a new roof, new drywells and improving the landscape, all of which benefitted the local businesses (because she used local businesses). This year I intend to use the rental income to refinish the exterior of the house and deck as well as other repairs. At some time in the future, I hope not to need rental income to help offset these costs but it's not the case currently. As my home is very valuable to me, I am very careful who I rent my home to. I research the potential renters, I ask them about their plans for the visit and I specifically communicate to each renter that the house could not accommodate a large group or a party but that itis a wonderful place for a family to spend time together. I limit the number of guests and I require a significant damage deposit: To date I have not had any problems with any renters. While the rental income helps me fund repairs and improvements to my home, my renters also spend money at local stores; restaurants and vineyards. While I prefer to rent my home for a minimum of one week, some people only have the time to spend the weekend and the revenue that that rental provides both to me and to local establishments is-beneficial and valuable to all of us in Southold. I care deeply about my home and my community and I make every effort to be a good resident and a good neighbor. On a more macro level, I am concerned that limiting short term rentals will have a significant negative impact on the local economy, many of our local businesses are dependent on seasonal visitors, I have friends who have wanted to host weekend events in the area but have • Southold Town Board Regular Meeting page 40 August 11, 2015 struggled to find lodging for guests due to limited supply. Restricting short term rentals will further reduce the supply of available lodging, leaving potential guests no choice but to go elsewhere and causing local businesses to lose the potential revenue. Finally, as each short term rental generates hotel tax for Suffolk County, enacting restrictions on 'short term rentals will reduce the potential hotel tax for Suffolk County. Thank you for your attention and for your service to Southold and again, I respectfully request the Board not enact restrictions." UNIDENTIFIED: Inaudible comments from audience. SUPERVISOR RUSSELL: This is a public hearing. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: That's her right and Mike, that's our decision to make. UNIDENTIFIED: -Inaudible. SUPERVISOR RUSSELL: That's our decision to make and we are accepting it. MS. FIELD: I am sorry, I have one more, I won't read it. There's a lot of people here, I will just give you copies of the last homeowner who asked me to give you further information about their situation. SUPERVISOR RUSSELL: Okay, you are going to go next. Just to clarify, the one thing, because I need to clarify this with regard to enforcement. There was no plan from the beginning to focus on complaint driven enforcement, the discussion at the work session, code committee meeting was the Assistant Town Attorney who helped draft this would say, well, in the very beginning we can focus on the complaints because those are the ones that are very apparent to us. however, there is going to be a systematic process by which we are going to enforce this code. No code that you pass is easily enforceable. There is no doubt it is going to be challenging,just like everything else. But there was never an effort to say we are only going to pass this and then wait for complaints to come in. That wasn't the case. Maryann? Maryann Fleishman • MARYANN FLEISCHMANN: Thank you, Scott. My name is Maryann Fleischmann, I live in Cutchogue. And I am a rare bird here tonight, I think, because I am a local. I was born and raised here and there's a lot of people that were coming in after the fact and all I can say is, where were you 40 years ago when I was saying the changes-here are incredible? But you know what? I process through it and I enjoy where I live and I welcome all the changes now and I didn't used to be there, okay. I bought my current house 16 years ago and when I bought that house it was a hefty mortgage but everybody buys a house believing their income is going to increase so that it is easier by the end of it. I have 13 months left on my mortgage. Woohoo. The most difficult 13 months coming because I am also an Airbnb hostess. And if it weren't for Airbnb, I would struggle. And no, I will not sell because I can't afford it the way you say flagrantly to do. qI I. Southold Town Board Regular Meeting page 41 August 11, 2015 SUPERVISOR RUSSELL: Just talk to the Board, please. MS. FLEISCHMANN: I will. Well, I resent that. I really resent, I resent living in my hometown, having a house that I enjoy, living in an area that I like, okay, and then being told, if you can't afford it, move. Give me a break. I was here with the Indians, okay? Okay. Manhattan has come to the north fork and it has been arriving about 5 years in the making now. and what do I mean by Manhattan has been here? Manhattan prices. Restaurants open up now, they are not what the local prices used to be. They are Manhattan prices. Right? Go in the grocery store. Its Manhattan prices. I love Manhattan, I go there, I have fun, I come home but I am not living in a place that is like Manhattan. Okay? And I rely on Airbnb. And I have wonderful neighbors and the people that I have had, I have had bookings every single weekend since June. This weekend coming up is the first that I will have a break and that's because the person who inquired and made a reservation wanted me to cut my price in half and I am sorry, I do this because I need the money, okay? So I'll have a break this weekend, maybe I will go away and go to Airbnb somewhere else. Last hearing, I was here and I spoke and the hearing at that point was for the seven days. Well, when I heard it was up to 14, I almost fell off my seat. So I wanted to come here tonight to see if I could get an understanding because anybody that knows me knows that I am a social worker. I have impeccable assessment skills. My assessment of that last hearing was that you all heard the people because I also left early but I went home and I listened to it on television and it was a long night, I don't have to tell you guys, right? What I assessed from that is that a lot of the people, more than the majority, where in favor of don't do a time frame but put the onus on the landlords, just like Abigail was talking about. Put the onus on them. We are the ones that are running the show, so if we screw up then do something about it. Complain to us, fine us, whatever. 'Okay, I just lost my train of thought. The last hearing, my assessment skills. My assessment was that pretty much you had decided that the seven day was going to be workable, that that would be something that would be implemented. When I heard the 14, like I said, I almost fell off my chair. I don't know where the 14 came from because the majority of people in that audience were saying don't go that route, there was a small population of people that lived on a certain road in East Marion that were very vocal, so then I started thinking, mmhhm, assessing my capabilities for assessment, 99.9 percent of the time I am right on target and then go therapeutically, right for what needs to be done. There are four times in my life, this one is the fourth that I messed up the assessment. And you know the commonality in all four of them? It's politics. And I don't know what your lobbying efforts are but from my perspective there is a lobby that is more than the people that are speaking. So, I ask you, a government for the people by the people and whatever the rest of it is that I don't recall right now, okay, please hear people like me. Local people can't afford to live here anymore because we have been Manhattanized. I love it but I can't afford it because my income has not met and matched the income of the people that have moved in here in the last 10- 15 years and are now considering themselves local. Well, you know what? As a local, nobody is a local unless you are really a local and we know that to be true. And I don't say that snottily, that's just how it is when you are a north fork local. So I am asking you, to please listen to the people and vote, changes Jill, I am not sure what you meant by this hearing is just narrow focused. Could you clarify that? COUNCILWOMAN DOHERTY: I didn't say those words but I am just.... Southold Town Board Regular Meeting page 42 August 11, 2015 MS. FLEISCHMANN: I paraphrased. COUNCILWOMAN DOHERTY: Well, it's just, it's not a proposal for a rental code, it's a proposal to define transient rentals. This is not, we already have laws on the books and we are just clarifying what transient rental is and that's what we are talking about here tonight, is • defining that. MS. FLEISCHMANN: Okay. COUNCILWOMAN DOHERTY: And the way we choose to define it, the route that we chose is to put a day on it and so that is why we are here and we are vacillating back and forth on the day. So it is defining transient rental. MS. FLEISCHMANN: Okay, well, good luck with that.. I have met new people every single weekend since the end of May. Every weekend it's been a new couple or a foursome. Okay. Every one of them has been kind, courteous, respectful of my property, doesn't make a big hoopla outside. The neighbors don't even know half the time that they are not just my friends that are visiting because I have a lot of friends that visit, too. So I don't think that I am the oddball. I really don't think that I am the oddball, alright?' I think that you are dealing with maybe a handful of horrible situations where Airbnb happened to be the people that connected the guest and the host together. I don't know. If it is more political than that, I, please, I am hoping that the local government still is for the people because I have already given up on the federal. State, I am still possibly open to but county, alright, so I do hope that you listen to the people that are saying.... SUPERVISOR RUSSELL: Thank you;thank you. MS. FLEISCHMANN: We'll take responsibility for our actions. We have no problem with that at all. SUPERVISOR RUSSELL: Thank you. MS. FLEISCHMANN: So, I am going to leave and I will watch you on TV tomorrow night. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Okay. First let me just say publicly for the record, I actually, I have been all over the place on this issue. Seven nights, fourteen nights but I got involved in dialogue online, I have no place debating issues online and I actually want to apologize to you personally- because I called you out as part of that dialogue back and forth. That was inappropriate of me. The fact is, I get to sit here at the dais with a microphone, I am already at a distinct advantage and debating these issues on media websites, that's no place for me. My conversation and my opinion should be stated here and I apologize for that. Southold Town Board Regular Meeting page 43 August 11, 2015 Marilyn Marks MARILYN MARKS: My name is Marilyn Marks and I live in Southold. As some of you may be aware, a full page ad was run in the Suffolk Times last week by the group for homeowners for smart vacation rental regulation, of which I am a member. The ad was aimed at alerting anyone living on the north fork and whose livelihood depends on tourism, that the proposed 14 day minimum (inaudible) legislation would be detrimental to our economy and therefore adversely affect everyone who lives and especially who works here. Interestingly, the Suffolk Times chose to run an article facing our ad entitled "Report shows tourism is growing in Suffolk County" and in parentheses, like it or not. And the article started with this sentence, to the great displeasure of anti-tourism curmudgeons, it appears Suffolk County is becoming even more popular as a vacation destination. And it went on to talk about how important tourism is to the whole of Long Island but especially the east end, and the east end is a driver of tourism on the east end of Long Island. It also quoted the $5.6 billion was earned through tourism last year but listening to some of the comments heard in Town Hall during the last meeting on this subject, including some of the Board members and reading the anti-visitor comments in•the Suffolk Times over the last few weeks telling former visitors that they should and I am quoting now from comments that were in the Suffolk Times, telling former visitors that they should go to the south fork and who needs them and we don't want strangers on our streets, I can see how the editor who wrote the Times article that a lot of people prefer the tourists to stay home. Meanwhile, Southold Town, north fork villages, the Long Island Wine Council, the East End Arts Council are some of the organizations that spend tens of thousands of dollars each year to attract tourists because they know our economy depends on them, so it is the responsible thing to do. They apply for and win grants to promote our area through the New York State Department of Economic Development and for share of the occupancy tax charged by Bed and Breakfasts and hotels. Revenue which is then returned for distribution by the Long Island Convention of Visitors Bureau and others for tourism promotion. All this effort is made to attract visitors to our region. Meanwhile, we only have 600 licensed or commercial lodging units on the north fork. 600. That's 1200 people can be accommodated on the north fork. And yet a festival, like the Tall Ships for example which was financed and promoted by the Village of Greenport, encouraged by Southold Town and attracted over 20,000 visitors on a weekend. A weekend worth of.destination weddings at the vineyards will bring many thousands of guests, all needing places to stay but where are they to go? I will tell you, some canny big time developers of chain hotels became aware of this unmet need and during the, last half decade with the enthusiastic blessing of the Riverhead Town Council, built more than five large hotels in Riverhead. I am familiar with how they promote themselves. These hotels attract visitors by promoting day trips by taxis or limos to our wine country, farms, villages or special events. And I would bet that the Town of Riverhead would be happy to approve another half dozen such hotels or resort type developments. My Bed and Breakfast, yes, I own a 'Bed and Breakfast in Southold and other north fork lodging establishments have lost far more due to competition from these large Riverhead hotels, like event and wedding guest business for instance, which used to fill our rooms in the off season and weekends, than to vacation rental. And other businesses stand to lose too. Day trippers do not patronize our restaurants at night or shop at our fish, farm and food markets or other stores. It is totally disingenuous as I have read in comments in the press for anyone to suggest that a day tripper spends the same kind of money during their brief visit as an overnight visitor. Short term vacation rentals have emerged naturally and organically, filling at least part of the demand for a Southold Town Board Regular Meeting page 44 August 11, 2015 place to stay on the north fork and keeping at least some traffic off the roads. The people who stay in a short term rental are overwhelmingly middle class families with children and pets. Aren't these the kind of visitors we would most like to welcome to our community? Speaking of welcoming visitors in this community, a home owner in Orient asked me to rent t heir house last year. It was last minute, their parents were ill and they were going to be spending the summer traveling to visit them. There were lots of related expenses and as it was already late in the season, the only rentals I could be sure of getting them were weekly. Waiting to hope for a couple of two week rentals would have probably ended in failure. But on ,a weekly basis I booked it up pretty fast for them. As usual, all the'rentals were families. One of the last to visit told me that a neighbor had set their dog on them and their children when they were walking to the beach and used to let it loose whenever he saw them, terrifying their children. If I had known, I would have called,the police but it was too late to do anything once I found out and as the homeowners no longer needed to rent it, the issue was moot. But this is just one example of how renting can be crucial to a homeowner in financial need and how out of control angry people can be. Some of the language I have heard from local residents and Town Board members seems to just stoke this fire. And it is not helpful. Another,issue is enforcement. Why create yet another set of rules when the ones we already have are not enforced? For example, a neighbor of mine really loves fireworks. This is not a renter but an owner and started setting them off about two weeks before July 4th and has been doing so just about every weekend since. Last Sunday night, at 11:15 PM, big bangs and rockets filled the air. The dog was frightened, my chickens, too and my B&B guests wanted to know what was going on. So I called the police and asked what are the rules regarding private citizens setting off fireworks on their property. I was told this is•against the law in New York State and would I like them to investigate. Nothing Could be much more obvious than fireworks and loud noises issuing every weekend from someone's garden. But this neighbor has not been stopped from creating his own Grucci display all summer. But I digress, back to turning north fork tourism into Riverhead daytrippers, which is a point no one,has made and which I think is a serious threat, our roads are already crowded during peak season and weekends in the fall and if we further restrict accommodations now,- available in private homes, we are asking for more traffic on our roads and lost revenue for our businesses. So far from agreeing that we need to restrict short term vacation rentals, I think we should apply the same kind of logic that this bill applies to Fishers Island, which is to recognize that we do not have enough commercial rental accommodations on the north fork, do not have the space or the will to build more hotels or resorts and rather than vilifying vacation home rentals, recognize their value if properly regulated. When I first spoke on this topic in the last two meetings, I asked the town before making a decision, study all sides of the issue including economic impact. The .town board worked with the code committee but we also have an economic development committee and they were not asked to consider this bill. I want to know why not? Now I,understand that you are just trying to defend short term rentals or itinerant rentals, however, that is•a roundabout way of shutting them down, the way you are going about it. So as we seem to be short on facts and long on anecdotes in this debate so far, I would like to see the town uses its resources and staff to gather those facts and make sure the process followed - in reaching a final decision is transparent and much better informed than it has been so far. The Town Board has said they don't really know how many short term rentals there are now as opposed to in the past. Could it be possible that the situation has not really changed that much but the rentals,are just more visible because of the interne? In the past almost all rentals were Southold Town Board Regular Meeting page 45 August 11, 2015 managed by real estate agents. But they were not really interested in rentals 'shorter than one month, as there is not enough profit in that. Now people have the tools to manage on their own but the fact is, nobody knows the real numbers. Most of what I have heard from people who don't want their neighbors to rent out their houses is speculation on what might happen. Imagining catastrophes as speculators move in. But no verifiable facts. Not the kind of reasoning or basis on which responsible legislators should write laws but they should take this opportunity to explain to the population of our town why we spend so much money and energy trying to attract tourists if they are saying at the same time, the majority of residents don't want them here or at least, not the desirable kind. So we should restrict their access because based on what I am hearing from our representatives and as we have no alternative accommodations for visitors or plans to build any, that seems to be the reasoning behind the decision to vote for this restrictive legislation. In short, it seems to me that the proposed law is driven by what people and the Town Board don't want, without reference to or explaining what they do want. This seems pretty typical of politics today but I would hope that our town can do better than that. SUPERVISOR RUSSELL: Thank you. Mary Emerson, Southold MARY EMERSON: Good evening. My name is Mary Emerson, we have a house in Southold. Eight years ago I married a Southold resident and late in life, we found ourselves with a child and we don't currently live in our house in Southold because we have a special needs child and we need to be closer to work and the care he is able to access. We went to a Southold realtor and listed our house and the Southold realtor brought us no one. We put our house on Craigslist and we,rented the house on a yearly basis,to a young Southold resident, 30 year old mother of three who attended Southold schools, grew up here and lived here her whole life. She had the house for three years and we watched the house progressively deteriorate. We watched her park in the yard, we heard our neighbors complain about the noise, we did our best as landlords to address every issue that she had but when she sued us for high electric bills because she let the oil tank run dry and was running space heaters, we took steps to remove her from the home. She sued us, we countersued, she left owing us thousands of dollars and having done thousands of dollars in damage to the house. We repaired the house, it took us about a year to repair the house. And we went to a Southold realtor and listed the house for summer rentals, for a monthly summer rental and the Southold realtor brought up no one. After the house sat vacant the entire summer, we listed with Airbnb in September of 2013 before I was done posting the ad, I got results. I booked that weekend, I booked the next weekend. I booked every weekend through the fall. I booked in January, two days here, three days there. I booked in February. I booked to 100 different people, 100 different parties since I started this in 2013. One hundred different lovely families. People traveling here from Europe who visited family in New York City and then found us on Airbnb. We made more money renting year round from someone else. If we were running a business, we would be out of business but we make enough that we can keep our house, so that when my son's need are addressed, we can move to Southold where we would like to live. We have laws on the books already to deal with the adverse impacts, with parking issues, with noise issues, with over-occupancy. Enforce those laws. We don't make new laws when we have old laws we are not enforcing. I feel the boot of government on the back of my neck when I hear this. This is a private property issue. This is an intrusive government and special interest that are foisting this law on law-abiding citizens. We do one, two and three day rentals over the winter which brings Southold Town Board Regular Meeting page 46 August 1132015 in much needed income to local businesses. Do you really care that I have somebody in my house for two days? For a Sunday to Tuesday visit, when there is nobody on the north fork? I have been out here, it's pretty quiet. It's beautiful and we are getting people who appreciate that beauty. We also loan the house to family and friends with some frequency. My friend Phil just came out of hospice and he spent three or four days here with his family. I don't think you about that either because this is my private property. We bought it, I think we get to do what we want with it as long as it doesn't interfere with the peaceful enjoyment of your home and if it does interfere with the peaceful enjoyment of your home,then there are already laws on the books to protect you. I am not running a business, as I said, if I was running a business, I would be out of business. We are not making enough money. I don't draw a salary. We don't pay the 2 percent Long Island tourism tax that people have talked about, no, we pay a 3 percent surcharge to Airbnb who sends out a photographer and does beautiful shots of the north fork that advertises Southold in a way that the Long Island tourism board doesn't. Airbnb advertises Southold all over the world and people come to us from all over the world. We have guests from Germany, Switzerland, Austria, Great Britain. Right now, though, who we have at the house is a former Southold resident who is here visiting friends and family. She is staying for 8 days but last week we had someone visiting friends and family, a former Cutchogue resident, who stayed for two days. I am hosting your friends, I am hosting your family and you know what? I enjoy it. I really like it. I like meeting the people, I like google stalking them and making sure they are the kind of people that Southold wants. If you go to a hotel,they just have to take you. I don't have to take anybody. I can make sure they are the right kind of people. I am talking 100 of the right kind of people. We hope to move here soon. I have got to get my son nailed down. Airbnb guests also are looking for a unique travel experience. This is a revenue stream that hotels and B&B's don't need. I travel with Airbnb, I go into the city. I don't want to stay in a hotel in the city. I have got a six year old who needs a kitchen and privacy and I need a cup of coffee without having to get dressed and Airbnb can do that. I don't want to be in a B&B. Nobody at a B&B wants my six year old there, frankly. But if I can't find a suitable Airbnb place in the city, I am driving home. I am not going to a hotel. This isn't an alternative to a hotel. An Airbnb place is a completely separate kind of place. Our people come in and they want to live like a local. They don't want to trash your place. They don't want to be tourists. They want your experience for two or three days. And that is what most of my guests are, typically on a given week, I will have three different parties on a given week in the summer, at the height of the season. In the winter, it's one weekend or it's not a weekend, it's Tuesday through Thursday. Tuesday through Thursday when nobody else is spending money in the north fork. On the way here, I told my son that we were going to argue our case in front of the Town Board. And my son said, arguments usually end when someone says, fine. and the other alternative is, forget it. ' So I would like you to forget it and say, fine. Mike Corso, Greenport MIKE CORSO: Good evening, my name is Mike Corso from Greenport. And I would like to thank the Board for hosting this, first of all. I am blessed, 50 years ago, my parents had the good sense to begin taking my family, I have three siblings, out to the north fork. I am from Roslyn, Long Island. We began as transient renters and remained transient renters for 40 years. Two nights for several years, then three nights because then we could afford a little more. Then finally for a week and then two weeks and by the time I was in college in the mid 80's, we rented a house for one month in Southold and it was a life changing event for my whole family because Southold Town Board Regular Meeting page 47 August 11, 2015 following that summer, my brother ended up buying a house in Southold, right near where we rented. My sister rented a few years and then bought land and built a house in Greenport and 12 years ago, my wife and I were blessed to be able to find a dream home in Greenport where we were able to just put everything we had into making this purchase happen. We currently rent and we rent for two nights, three nights, one week, two weeks and we are very fortunate that we are able to do that because it really helps with the rising taxes that we are paying for the Town of Southold, it helps with maintenance of the house and it has helped enormously with making some great friendships with the people that have not only rented from us once, twice, three times, families, and I am not saying we are not renting to the bachelorette parties that come out as well but I have no problem with them either because in every instance, the people who rent from us are outstanding lovers of the north fork. They come from all over. They don't just come from Manhattan, they come from New Jersey, they come from Pennsylvania, upstate new York, Connecticut, Rhode Island, California, Texas and they love the north fork and they spend money on the north fork. There was a report recently that, and this was a town in Florida, they estimated that from the 50 homes that are being rented, it was generating about $3.5 million a year in additional income to that town. Well, we have 400 rental properties currently listed on VRBO on the north fork and I guess there are many more than that, so somewhere between $2 million and $12 million is what these loud, obnoxious, rude people are bringing into our wonderful community. Okay, I am not going to belittle those who have had bad experiences. I have some wonderful friends in this room right now who are going to talk to you about a couple of bad experiences. But my final point is and this is very important, I want to make it very clear, that I am speaking for the silent majority out there because those 400 rentals, we have got 1,600 neighbors, if you count four houses around that house, okay, I don't know how many complaints you have heard over the past several months, I am guess though 30-40 maybe, okay? There are thousands of people out there who are not coming to these meetings and saying, you know what? The renters down the street are just quiet as all heck and we just have no problem with them. You are not hearing from them. I was part of that silent majority until tonight and I felt like, you know, I should come and tell another side of the story. Because there are some great people who are coming in and doing wonderful things for the north fork. I remember in the mid 70's when Greenport was almost bankrupt and I remember people thinking 10 years ago, well, people are starting to come here. This place is going to build up, maybe my property values are going to go up. Well, hell, they sure have and everyone was happy when that started happening and you have got to take some hits with all the good that popularity brings you. we are blessed and we should be thankful, every day we walk this wonderful earth on the north fork because there are many places in the world where there is much heavier shit going on, excuse me, and we sometimes make big issues out of some things that just don't deserve this much time. Thank you for hearing me out. SUPERVISOR RUSSELL: Thank you. Linda Goldsmith, East Marion LINDA GOLDSMITH: Hi, I am Linda Goldsmith from East Marion. My first comment is I hope that the audio will work this week for those people that are going to see this later on, on television. It did not work last week, or two weeks ago, I am not going to actually speak about a rental law this week, I wanted to actually speak of a more global or town wide issue. Five years ago, I can remember saying to people, wow, tourism is really growing. How nice. And then four Southold Town Board Regular Meeting page 48 August 11, 2015 years ago, wow, tourism is really growing. Well, as we see, tourism has exploded and I believe that as a town and as a town board, we probably are close to reaching our saturation point, we have almost reached our saturation point with the way the town is now. so as a town and as a town board, I think that we have to decide, are we going to promote further tourism, are we going to try to limit tourism, are we going to try to accept the status quo? Obviously our infrastructure is not adequate, we don't have sidewalks, some of our roads are way too narrow, we tend to be reactive, rather than proactive. We put up a light when there is a horrendous accident, you know, we call the police our beaches are overrun. Not necessarily by tourists but by people who sort of come out at night, you know, we don't have mass transit to speak of, we don't have buses, we don't have a lot of taxicabs, the train service is sporadic at best, so that is what you should look at before you pass a law limiting rentals or saying there should three days or seven days or twelve days or whatever you want to say, look at the town in total. Look at our infrastructure and make a decision on what we want Southold to be. Do we want to grow the tourism? Maybe. Do we want to limit it? Maybe. Do we want to leave it the way it is? I don't know, I don't know the answer. I don't. but the people in town know the answer, so maybe it is time to ask them before you make another law and then another law and then another law and maybe get one more code enforcer, excuse me, one more code enforcement person or one more police officer. Maybe you have to look at the whole town in perspective because this is only the tip of what tourism is. I am not making a judgement. I don't know the answer. You know I live in my little house on Bay Avenue in East Marion. Sometimes I have to wait for ferry traffic, oh well. You know, I go out, do what I have to do but that is really what you are looking at now. You are not looking at the length of time people come to see us, you are looking can we absorb the traffic, the people, all of that. Do we need hotels? Sure. We need places for them to stay, we need restaurants for them to eat in. That's really what you need to do before you pass another law. Thank you. SUPERVISOR RUSSELL: Thank you, Linda. Patricia Walker, Southold PATRICIA WALKER: My name is Patricia Walker, I live in Southold. I just want to talk about like strangers on our blocks. My block is very quiet, small. Come summer it's packed with people and guests. Everyone is out and has their family, their friends and their friends out. It is non-stop summer guests visiting the north fork. They come for the beaches, the wineries and summer fun. I don't know these people but most are friendly. Parties happen as they always do when people gather in the summer. People have been coming to the north fork for summer for generations. Half the people here started with family vacations for years and years and it goes on and they loved it so much that they moved here. That is my family. Three generations of coming out here, my parents moved out here in the 60's, I have several family members that live out here now. I bought my house four years ago and plan to retire here. I love it here. I have always loved it here. I have always wanted to live here but my career is in the city and I cannot do that commute, sorry. But in five years, I plan to live here full-time and I can't wait. In the meantime, I have spent my life savings on my house. My job demands are the highest in the summer and I can hardly get out here. So I rent to families that enjoy the north fork. Families with children and maybe a pup, that want a family setting for their vacation. Want to enjoy what the north fork has to offer, a quiet beautiful vacation. In the meantime, these people are and have been accepted on my block and enjoy my neighbors. Never have I had a problem in the two years that Southold Town Board Regular Meeting page 49 August 11, 2015 I have rented. All the people on the block are having guests and extended families and friends in too, it's summer for pete's sake. This is what always happens out here and always happened as far as I remember. The money I have made has all gone back into my house. I had waterfront damage from hurricane Sandy and the rentals covered that. I had just finished and I had a handicapped son and I had done all this work, out of money, the hurricane hit. Okay, rentals is what saved my butt, sorry. It took a year to get all the permits and in that time, I got the money to fix it. All the money that, money went into the landscaping and into home improvements. All this money went to local people doing the job. The lawncare, the house cleaners, the garbage removal, all this is done locally. This all goes into the community. Plus I don't get, don't forget about all the money renters spend locally, eating out, shopping, boating, going to the beaches and the wineries. They are on vacation, when we are all on vacation, we spend money we normally don't. The local merchants in the community benefit from this. That's what gets everybody through the slow months out here. There are many problems with people who own their homes and have parties all summer long, too. How will we control these people then? We all know such neighbors exist. What do we do about them? Do we want to control the renters? How about some of the neighbors? There are no parties allowed in my rentals. There's a limit on cars. Only two cars can fit in the driveway. I can go on and on about the rules that I have in my contracts but the point is that it works and all are as fine on my block with my rentals as I am with their guests. I rent my house through a property management company,they get the people, they interview people, they draw up the contracts. They check on these people, it works. I wouldn't just rent my house to anybody. This is my home and these are my neighbors that I care about. I see no reason why I can't do this. Your restrictions will only lose the renters and the money that will be brought into town to help everybody through the slow times. The proposal legislation does not make sense to me and we are not looking at the big picture, okay? Thank you. SUPERVISOR RUSSELL: Thank you. MS. WALKER: Do you want copies? SUPERVISOR RUSSELL: Whatever you want to submit is fine with us. Danielle Strauss DANIELLE STRAUSS: Hello, my name is Danielle Strauss. I will make this short and sweet because my story is somewhat similar to some of these other stories and I share their sentiments also about my renters. My family has had a house on the east end of Long Island for 50 years. It is the house, I am sorry, I get a little emotional about this, it's the house that my father built and raised his children in. Twenty five years ago, my parents both died within a year of each other. And their house came to us kids. We were kids, we were in our early 30's at the time. We had young children. I have been renting my house for about 20 years now. Without incident. Mostly in the summer, week long rentals. Very few people rent for more than a week. They find that they can't get away from their jobs for more than a week. I can't get away from my job for more than a week. I have a sister in DC, a brother in Miami and a brother who lives local and checks on things for us. It is the place that we gather when we can. But we cannot afford this house if we do not rent it. I love this house. I love this community, it is where my parents are buried. If you go to a two week rental, my fear is that I will lose my family home. This is so Southold Town Board Regular Meeting page 50 August 11, 2015 important for me to be here, I arrived on Saturday with my family. Since I have been here I have called the plumber, I have called the electrician, I have called the screen guy. The landscaper has come, the pool guy has come. We do all of these things, it's not easy. It is really not easy. It's a lot of hard work. We don't make any money. We barely scrape by. But we do it because this is a community that I call home. I live in Massachusetts, I live just outside of Boston. That's where I live. This is my home. My children, this is their favorite place to be, is out on the east end of Long Island. They can't wait to get here in the summer. They are already talking about how it can get to the next generation. It won't be an easy thing to get to the next generation but if we can figure it out, we will do it. Hopefully, ten years when I can retire, I can come and spend more time here, with my sister, my brother, with our children, the cousins, aunts and uncles. This is what we want for our family. I, too, have rules for people that are renting my house. Extensive rules. I google every single person who is going to rent my house. I don't want my house damaged. I don't want people having loud parties. One of our rules is no basketball playing after 10:00 at night. No pool parties after 10:00 at night. In the summer the windows are all open. Everyone can hear the slightest thing, if the TV is on. And I am very watchful of who is making too much noise. When I do get here, I check in with my neighbors and make sure that anyone of my guests hasn't been a nuisance. My brother comes by every Saturday to make sure there hasn't been any damage or that the house has been kept up. And he talks to my neighbors. In all the twenty years that I have been renting my house, my neighbors maybe have complained once. And that was someone who rented for a whole month. That they couldn't wait to get rid of. So I ask you, and I also agree with the permit part of it. I wouldn't mind registering my house with the town. And having a permit and paying a permit. And being registered with you and if there is a complaint, you come to me and you say, there is a complaint on your property. I can pass that on to the goofball that maybe was in my house, that I never want to have back again. I think that this can work. I think that you do have a job to do, I think that people that are in this room that have had bad experiences have a point, they have got a case. They just want quiet enjoyment of their own homes,just like I do in my own home, back home. I just think there's another way to do it, there's another way of making us responsible for our homes. So I hope when you deliberate this, you think about people like me and about some of these other people who have gotten up and spoken about the love of having this as their community. I can't be here all the time but it is my home and I want to be here more, I wish I could. But please think about people like us that might be hurt by changing this. And making it a 14 day or a 30 day. Most people can't do that, so thank you for listening to me. SUPERVISOR RUSSELL: Thank you. Ed Coakley ED COAKLEY: Hello, good evening. My name is Ed Coakley. I do live in Southold and I just want to say that if there has to be a regulation and it's hard to enforce, that does not mean that there should be none. And I do agree with the young lady over here on my right who was talking about a 30 day number and not 14. I just want to show everybody, this is a picture of a house in my neighborhood of an Airbnb house. They are nine cars here, five in the street and four in the driveway. That means, clearly there are at least nine people, probably more. Now, I don't know whether these people were noisy or not, it was a weekend rental. This is not the kind of thing we moved to Southold for. We've lived in Southold Town for probably 25 years now. We came out here for a better way of life from Nassau County probably many of you did and we don't need ' Southold Town Board Regular Meeting page 51 August 11, 2015 this in Southold. There are a lot of tourists already. If you drive on the streets of Southold on the weekend you know there are probably 2,000 too many. They are all welcome, but not like this. So just in closing I would like you to please consider again the 30 day or the 14 day or whatever but certainly no less than that and let's keep Southold a town where we want to live, not leave. Thank you. SUPERVISOR RUSSELL: Thank you. Deb Winsor, Orient DEB WINSOR: Hi, my name is Deb Winsor and I rent my home in Orient, New York. And I would like to speak to those pictures. It is really good news that it was only a weekend problem and not a 14 day problem. As a renter, or a monthly problem. As a renter, I have tried it both ways. For a couple of years I did it as a summer long rental, then I tried monthly rentals and the minute I walked out the door after signing that lease, those folks were online working the submarket of shares. Now, if you want to turn this into Fire Island or Southampton, a 14 day rental or a 30 day rental is absolutely the best way to do it. And I won't have one stitch of control over who is in my house and you are going to be hearing from the police department every three or four days when people turn their friends over. It's a fact of life now. The interne and people on line, that's what they do. So they are going to sublet my place and I won't know what's happening and the neighbors will be known about what's happening and the police will be getting phone calls and how quickly are you going to be able to respond to it? VRBO and Airbnb have been the best thing that happened to my house because I get a three or four day rental , I can vet them, I can google stalk them, if I give them the lease and then I find out that there's some whacko that rented a house and trashed it in Southampton, you know what I can do? I can yank the lease before they show up. But by doing a 14 day rental or a 30 day minimum, you are taking my control away from my house. And I think there's a point where you have to trust all these really good homeowners and our relationships with our neighbors. I don't want anybody to wreck my house the way they did three years ago, I don't want them to wreck the way they did two years ago. This summer I have had all the overflow from the legitimate B&B's and I would like to pay that tax and to join them as part of supporting our tourist economy. Tax me, I am happy to do it. so the people I have had this summer so far is a family from France with small children, I don't think anybody in a B&B wants a one year old and two year old, I have had two families with grandma who couldn't get up more than two steps. There wasn't a place for them. I have had three families that had wedding parties and there was nowhere else for them to stay except Riverhead. So do you want them to spend dinner and breakfast and spend their money in Riverhead? Or do you want them to spend their money here? These were lovely, lovely families. The only problem I had is I had to stop them from making offers to buy the house. So, thank you very much but I have to ask you know, a fourteen day minimum is just inviting more problems than its solving. And as a group, the people who have rented and spoken here today, we are more than happy to work with you to devise a way to solve the problem so that we are not only legitimate, upstanding members of the community but we are supporting the tourist industry which 30 years ago, the tourist model was basically a weekend model. It's not a residents model, it's not a McMansion model, it's come here, spend your money for a weekend and get out of here so we can clear the streets, don't use our schools, don't use our dump, don't use the snowplows, it's, you are looking a gift horse in the mouth. It's astounding to me that we are going to try to push these people away. It's a gold mine for the Southold Town Board Regular Meeting page 52 August 11, 2015 town, it doesn't use our services intensely. Just a weekend and they are gone. But thank you very much. SUPERVISOR RUSSELL: Thank you. Joanne Lane Cutchogue JOANNA LANE: Good evening, I would just to say how much I appreciate hearing everybody's point of view. It's the first time I have spoken on this issue. I know they are speaking to the Board but I really appreciate h earing everything and I think there's a lot of consensus here although it's obviously a struggle to find it. My name is Joanna Lane and this is my husband Dennis. We are from Cutchogue. And we are licensed real estate brokers in Cutchogue. And we have been managing short term vacation rentals on the north fork since 2003 when we moved here. First for ourselves and then later for other people. So this has been our livelihood for most of the last 10 years amounting to , I was going to say 1,000 but I got cold on it so I am going to say hundreds of short term rentals and we had zero reported complaints and multiple properties running at the same time for our clients. Some of the people in this room tonight have occupied those houses for themselves and their extended families for a week or so. Others we work with for a week or so, now manage the properties professionally for themselves. According to my records, I had an email exchange about vacation rental permitting with Supervisor Russell between June and September 2008, prompted by Riverhead's slumlord legislation that was passed by a Board that lumped all rentals together to ensure safe worker housing. Vacation rentals were perceived by Riverhead as only seasonal, Memorial Day to Labor Day or monthly and those tenants were to be asked to produce a social security number and a copy of their lease kept on file in the town. Much like getting a dump sticker. Homeaway, which is one of the sites which is being mentioned here was being run when we first started back by a couple out of their garage. And vacation rental management software was very buggy and awkward at best. We were entirely online from the beginning. We never had an office, we never advertised locally, very rarely anyway. The geeks and techies (inaudible) in which group I count myself found new channel to communication with vacation renters who did not need to visit the property and we worked together and pooled our expertise to ensure processes were developed to ensure quality tenants could be matched with high end vacation rentals to exceed everybody's expectations. Here's what I said to Scott about it at the time and I have selected the email for reasons of length and I am not including any of his because it is privileged information obviously. But what I said to Scott was, on June 7, 2008, what I am pushing for is to get the vacation rental sector completely exempted from any other kind of rental permit law and into a different category subject to different rules. That's easier than going for one permit law to cover everything in my view. It's the definitions that matter. So that vacation rentals cannot be exploited by slumlords. I am convinced this can be done. Vacation rentals have certain unique qualities that are easy to define but what we have going on right now is a blurring of boundaries between hotel operations which is not real estate rental at all. And single family rental homes which is real estate rental. To over simplify the situation, the tourist accommodation sector excluding campgrounds and the like, looks something like this, A. hotels, motels and B&B's operating as a hotel B. hotels, motels and B&B's expanding into the vacation rental sector. When I say vacation rental sector, I am talking about weekly rentals. C. single family homes and condos expanding into hotel operations. D. single family homes and condos operating as vacation rentals. So it's the middle two, the B and C, is where the waters are getting muddy. Southold Town Board Regular Meeting page 53 August 11, 2015 This is confusing to the public, who don't always understand what they are being offered. And there are no regulatory standards which have to be met. Most vacation rental owners wouldn't even know that they are supposed to have CO2 detectors and smoke alarms, not good. Few, I think they do now but with respect to that time the perception was maybe not so sensitive. Few, if any of the places I know about would be attractive as worker housing. The rates are simply too high, so it's making the argument that there's no conflict with year round renters for workers. I am obviously not going to disclose anything that Scott said, that's privileged to him but I would just like to point out that he was supportive generally amongst the town in 2008, to add all these point of views we are hearing tonight, seven years later but unlike this Town Board and I thank you all very much for this, I have waited a long time for it. The previous Town Board at that time was not supportive of entertaining that kind of discussion. So, I have not spoken in the seven intervening years. I have not spoken to the matter and I find now that we have muddied the issues even further by allowing an unregulated sector of the real estate marked to go unchecked. Everyone knew this was happening but nobody knew exactly what this was and everybody has got their own version of what this is. First this was ignored for the first ten years, now it seems folks may be trying to push this back to the good old days when families would drive out, look at a few homes, then rent a seasonal rental for the season or for a month or end up with nobody in their house. Those days I personally believe are gone forever. I don't think we are ever going to get back to that because the world has changed and companies like Homeaway and Airbnb are a force to be reckoned with. They really are and we are a small town. So I think it is not going to be easy to make them go away. And I don't think that this legislation that you are proposing is going to do it, the 14 days and I totally agree with what and I have not had a conversation at all with Abigail here, although in full disclosure, one of my clients I believe has joined her group but I have not spoken to her but seriously, this is a tourist economy that we have here now and this is how people now book their vacations, worldwide. It's not just Southold, it's all over the world. I brought what we did, brought that model from where I come from in Europe. It's been going on for many years before then, it just wasn't many people out here doing weeklies when it was a handful of us, really. But if you don't allow this to continue, I think it will have a dramatic effect on the tourist economy in this town in ways that I don't think have been appropriately evaluated and I apologize, I am not on top of all the data but I would like to see more data about the economic impact of this because just for example, if somebody comes in and they rent for a week, the first thing they ask is where do you recommend we go to eat? So I am recommending three restaurants, my favorite or I rotate them but I am recommending three. In that week, they are going to go out and eat three times. If they stay two weeks, they still are going to only ask me for three recommendations. That's a 50 percent loss right there in the economy of those people going out to restaurants. They are going to spend more time in. the longer they stay in the house, the more ownership they have of that house, the more time they spend inside, the more tiem they spend cooking, the less they are out spending money. Today, prime example, pouring rain outside, somebody is in for four days. They are in for four weeks or fourteen days, they will just sit and watch a movie. No, they are here for four days, they are out, they are out spending in the rain because they are only here for four days. So I think there is an economic impact there that needs to be looked at, a little bit more closely than I believe has been done. So I am not speaking here to add to the noise because I know there's a lot of noise out there and I think it's very damaging actually and I think we are already being impacted by it because everybody else is, you know, we are not doing this in a bubble, you know, everybody's Southold Town Board Regular Meeting page 54 August 11, 2015 got the internet. They are all reading the reports, they are going to hear what I am saying, what you are saying. And I thought very carefully about adding to that, but I want to cut through it and appeal to everyone in this room and listening to this to come together please as a whole community and look not only to what is happening to the left and to the right of your neighbor but to really take a long, hard look at the bigger picture and the long term future because this is not going away and I don't with respect, think that a 14 day limit is going to do a lot more harm than good. We need to use what is already out there to make that this work and that includes empty houses. The houses that the lady over here can't use, she needs the income. You know, there are empty houses out here. The second homes stand there (inaudible) much of the year. and it may go against the grain of what a lot of the government thinking is right now, to try and limit these homes but in fact, there is an example worldwide of one country that's taking the opposite approach and that is Japan. And Japan is actually currently debating relaxing the regulations surrounding short term rentals so they can start to utilize the empty homes that they have standing in the country. And their thinking is that the building of new hotels and resorts puts extremely localized pressure on infrastructure and I think Marilyn is speaking to that, about more hotels going up in Riverhead and so forth and then them all piling out here. I think that's a very serious possibility and it concentrates the income from the tourists to fewer businesses. The public feeling the effects of it but they are seeing fewer of the benefits from the mass influx of tourism. Apart from the distribution of jobs, the influx of money from tourism will then be felt in very localized areas around those hotels. So building new hotels and resorts, sorry, building the new hotels and resorts puts extremely localized pressures on the infrastructure and concentrates the income from tourists to fewer businesses. Alright, if like Japan we want to encourage further tourism without damaging the integrity of our destination, a solution has to be found. Encouraging private ownership and use of empty homes by permitting, regulated short term rentals seems like the solution that can do this. It puts ownership of property and in turn, the north for, back in the hands of the residents. So vacation rentals then encourage people to live a similar rhythm and pattern as the residents. So you live amongst the north forkers, you shop where the people shop, you go where they go. Y ou are not buffeted through the corners of a tour, of a limo tour from a hotel in Riverhead. The natural flow of th e north fork pushes you in a new directionand each property has a different stream, meaning the visitors are dispersed more equally around the forks. The alternative model is to build more hotels in Riverhead or wherever. Then funnel huge numbers of people into Southold and focuses their impact onto the small towns and villages where profits are distilled down to reach only a handful of mega corporations. The vacation model is the inverse of that. The visitors and the benefits are spread over like a fine mist, all through the community. They are not just in the hotels in Riverhead and the wine tours. Inaudible. That's the point. Enough to notice but not enough to disrupt the natural operation of the north fork and the people that live there. That's what Japan is debating for itself, whether they can solve those few problems at once, so we are not alone in this problem. It's very common. So permitting vacation rentals requires minimal investment. The properties are built, the people are ready and have the means to reach out to their prospective guests. It already exists. We could even think about creating a town database. And it was, the point was made by Abigail that you could just have the rental permit numbers on the ads and that's a very easy way for you to enforce it, so the people know they have the option to supplement their income by using the value of their property, it will help lead to a higher rate of home ownership and fewer properties standing empty as money and natural resources are Southold Town Board Regular Meeting page 55 August 11, 2015 expended in order to build more lodging options for tourists. Why have the houses sitting there empty and spend money, it goes against the grain of the way the world is moving. So the next point that empty houses brings up is that the areas where these properties have been built, they exist, have been built to code with people residing in them. So renting out a vacation rental property means that the occupancy levels remain in line with the original estimate. You are not adding anybody, they are already in houses that exist, not only is the local infrastructure designed to cope with the occupancy levels, local businesses rely on it. That's one of the problems that local businesses have. They can't make it through the winter because there is nobody in, as this lady over here said, she has people in January and I have seen, too, by allowing short term rentals, you are not stuffing in an extra layer of population that the people below are forced to support. You are keeping occupancy at the levels that keep an area and the businesses thriving. So you can argue then that there's a disruption and the risk of anti-social behavior but with regulated and professional property managers, these cases are in the minority. The responsibility here has to be with the person that sets the expectations of the person who arrives into town and that's the property owner or their manager. That's where the responsibility lies. So to cite a frequent and anecdotal examples, my heart goes out to those people. You know, we have seen five percent, not even. One in a hundred maybe leave it in a bit of a messy state. So I know there are nightmares out there and we need to get rid of them, we need to regulate when and hold the owners and property managers responsible for doing that, so that this man doesn't have nine cars in his driveway. It's ridiculous. They should have been told to leave immediately. To cite that but to cite those, it's not appropriate to the whole community at this time. Every community comes with a level of risk of this type of behavior,regardless of whether it is a short term rental or a year round rental. So we need to get people into the empty housing, so whatever happens on the north fork now may well determine where we are in this business, meaning tourism at all. if we are out of tourism, if we are going to limit tourism, then what else are we going to do out here? How else are the businesses going to survive because we are going to lose the numbers, I believe are not exaggerated, I think we are going to lose those and I personally am willing to stand here and say as a result of this publicity and negative publicity, we are down 40 percent on the season. Forty percent and that's before you make the legislation, where people are allowed to come in. They don't feel welcome, who wants to take a vacation where there's controversy in the town? They can read it online, we are all down. Prices have dropped, I mean, let's see the data. I would love to see the data on that, I mean, I have only got my own experiences but I think that you know, the kind of complaints we have had in three years, none of which were reported, three in ten years, hundreds, one; a woman with a newborn baby, a guest, complained.... SUPERVISOR RUSSELL: Okay, let her please finish up. She's going to wrap it up, so, no, no, no, Joanna, finish what you were saying, please. You have the right to say something. MS. LANE: That's alright. I don't want to create any difficulty. SUPERVISOR RUSSELL: The floor is yours. So, you know, we need a little bit of patience on both sides of the issue, okay? Southold Town Board Regular Meeting page 56 August 11, 2015 MS. LANE: Okay, the issue was, I will just give you one, a young mother with a baby and she called me up to complain that the man next door was mowing his grass at nap time every day and could I please call him up and tell him to change it. I told her no, go next door, knock on the door and discuss it with him. That's what our role is as property managers. Our role is to help people and there was no problem after that. Where are the real complaints? SUPERVISOR RUSSELL: I appreciate everything you said, Joanna. Thank you. Sir? Okay, are we ready? Sir,please. Richard Rabitan, Southold RICHARD RABITAN: Good evening. Before I speak about what I wanted to speak about, I just wanted to agree with the young lady that testified before... SUPERVISOR RUSSELL: I just need two things, I need your name and hamlet and then also... - MR. RABITAN: Sure, my name is Richard Rabitan and we have a house at 790 Hickory Road in Southold. I just wanted to say about the young lady that testified about laws that are on the books concerning you know, noise ordinances (inaudible), nine cars parked in front of his house, when you are working with Airbnb; you have to pay a security deposit. We would be delighted to register our house and in fact,'if there are violations, there should be stiffer violations for the renters, the guests that stay and that would be passed on to a security deposit at Airbnb, so that they onus then is on the renters for any violations and then for us as the owners. Anyway, my name is Richard Rabitan, full disclosure, I am a professional guitarist and have a law license, and unlike Abigail who practices law, I have a professional teaching studio in Stony Brook New York and I don't practice law because I happen to not like lawyers very much but anyway, with that being said, I wanted to move out to Southold since I was in my early 20's and it reminded me of Middle Island back in the 1950's. I moved out in 2000, commuted into Stony Brook because I didn't want to establish a business out here,five days a week for nine years until I married my wife; Mary Emerson. Because of the downturn in the economy in 2008, 2009, we did rent the house and Airbnb has helped us as a stopgap until we move out here because we would like to have and give the house to our special needs six year old son. That being said, in terms of what Ms. Doherty said with articulating with defining transient rental or short term rental, I was doing some research and came across a white paper by Robinson and Kohl on short term rental housing restrictions and I think you may find this interesting for possibly articulating the short term rental. They had put the paper together for the National Association of Realtors and one of the things that struck me was they covered everything under the sun but what struck me was there were certain property rights issues that I found really interesting. And believe it or not, it seemed as though, based on some cases in Florida which of course don't apply to New York, there's different state law but the decision there could be persuasive in New York courts. It turns out that they found property rights issues in violation of the 5th and 14th amendments of the Constitution concerning the equal protection clause of the 14th amendment•and that basically, means that you have to treat 'similar properties the same way and if they are treated differently - based on property being occupied by short or long term tenants, it is a violation of the protection clause. And they use a rational test to determine •whether it is a violation or not and so the question I,had in my mind is what is the rational basis between one or two days a week, two weeks, a month or a whole year? What's the difference between one week and two weeks? Southold Town Board Regular Meeting page 57 August 11, 2015 What is the rationalization for that to save the community, to save Southold the way it is right now? I don't see any. The second violation of the protection clause amounts to Fishers Island being exempted. Now, even though they may not have hotels, maybe there are not hotels close enough by people who want to rent in say Cutchogue or Aquebogue, they don't want to go to Riverhead and they don't want to go to Greenport and they want to be within walking distance of _ the water. So private homes can be rented that way. Another thing that they mention was that if the law is based strictly on anecdotal evidence as opposed to a professional empirical study based over two or three or four years, it leaves the municipality in the position that it would be less likely to withstand an equal protection suit. So if you are basing your law on community members like myself, telling stories and anecdotes, you are going to be in more problems against an equal protection suit, which is a federal suit by the way. It is not a local suit in Suffolk County court or even a New York State court of appeals, this is a federal suit. So anyway, if only anecdotal evidence is used, once again, you have less chance of surviving an equal protection lawsuit. The second aspect that struck me and this is only doing maybe four or five hours of legal research, there is a violation of the takings clause which most people don't understand but what it means is and again, this is a decision in Gwynn vs. the City of Venice, what happened is, let's say there's (inaudible) in Southold that have been doing this for years, we have been doing it for two years even though it's a stopgap until we retire, it is helping us get by. When-the law is passed, it affected.the people that had already been renting, so as a result of them bringing the lawsuit, it turns out that because the ordinance was passed after the people were renting, it was found to be a violation of the takings clause because of lost revenue and lost income in which the town is responsible and liable for. Now I don't know what the decision has to do with if individual members of the legislature are involved or the Town Board but the Town has to pay for that compensation. What the damages are based on, I don't know whether it is based on the property values going down because you can't rent the property, I don't know whether it is lost income, I didn't read that far but so the option to go around that in terms of making the law is to grandfather all the people who are already renting. Have them register, they are grandfathered in the clause and then you can shut out all the new people that want to start doing it. I am sure the people that are renting in Southold through Airbnb and all these other companies that are advertising their homes as well as the beauty of Southold itself would be delighted to register their homes and work with the town as much as possible to keep Southold the beauty that it actually is. and hopefully that may solve any problems with your passing a law and incidentally, the quote here that they used was in Lewis vs. Atlantic Beach was 'to avoid monetary consequences, municipalities passed zoning laws and grandfathered continuation of pre-existing, non-conforming uses' so I don't know if you will find that helpful or not but I just thought I would testify. Thank you. SUPERVISOR RUSSELL: Thank you very much. Laurie Bloom, Southold - LAURIE BLOOM: Good evening, my name is Laurie Bloom and I have a house in Southold. I own a home that I have offered as a short term rental property, so before you chase me off with torches and pitchforks, let me say I didn't just drop out of the sky. I have decade's long, deep rooted connections to the north fork and it's been a primary residence at times and second home at other times for much of my life. My mother ran a horse farm in Jamesport for years and after my father passed away, that's what she did. I have spent a great deal of time on the north fork. Southold Town Board Regular Meeting page 58 August 11, 2015 After many years of dreaming about owning a home here myself, several years ago, my husband and I purchased a dilapidated cottage in a private community. Where at least 50 percent of the owners are seasonal residents. It was a mess but it was all we could afford. The prior owner had died at least a year before and the house had been sealed up, full of old and rotting furnishings, growing mold and mildew. The lot was completely overgrown and littered with debris. Garbage and broken beer bottles were everywhere as well as telltale signs that it was becoming a frequent hangout for local teens looking for mischief. Prospective buyers like me ran from the place from the smell and the enormous amount of work needed and we were almost one of them but we really loved the area, so we decided to roll up our sleeves and empty our bank accounts. We spent the lion's share of our savings to renovate the biggest eyesore on the block into one of the prettiest. It is no longer an abandoned wreck but a home we enjoy spending all of our free time in. Our neighbors are thrilled to now see a lovely cottage that only enhances the appearance of the block and the real estate values of their homes. We have become close friends with our neighbors and socialize with them frequently. In fact, I was just elected secretary of our homeowners association. In fact, we never intended to rent our home but a major financial event forced us to consider it as a means to hold onto the house that we planned on retiring to. So we did our homework and hired a responsible professional to manage the property. An owner of a bed and breakfast who knew how to carefully screen and attract quality people, manage the cleaning and check-in of guests and make sure that all was properly handled. It has been an expensive endeavor to do it this way but it is a way that we are comfortable with and we have been renting the house through her without incident for the past three summers. The rest of the year our family occupies the house weekly. Our short term guests are almost exclusively families, some of them with a grandparent, young children and often a dog. Every one of them has been respectful of our property and the neighbors. These are guests who want nothing more than a peaceful three night stay or a weeklong vacation. They walk to our private beach, dine in local restaurants, pick pumpkins and apples, visit the vineyards, rent bikes and kayaks and shop for souvenirs. My neighbors have had nothing but praise for the people who have stayed in our home. When guests book our home, they are advised of the rules and they are unwavering. No parties, no additional overnight guests, no noise, pick up after dogs, park only in the driveway, etc. Broken rules equal a broken lease agreement and forfeiture of paid rent, no exceptions. We have never had an issue with any guests. When we purchased here, we knew of others on the block who were renting short term. It didn't bother us and none of the guests on the block ever created a problem. We did, however, have,a home that went from short term rentals to long term yearly rentals'and the change was dramatic. The long term folks had cars and things all over-the place. The place started to quickly become rough around the edges. There were too many occupants for the small house and the property was no longer kept as neatly as it had been with the short term guests. Thankfully, 'those tenants have since moved out. The property returned to short term renting and the home-is once again being well-maintained. I believe that while nothing can replace private ownership, a short term guest will never impact the neighborhood like a bad full time tenant can. I think anyone who has had a horrible neighbor would rejoice in knowing they would be out in a few days. Many of our guests would like to return and we would like to welcome them back. I know that homes like mine have been available for decades. They provide accommodations for families with children and pets, guests who would otherwise not be appropriate at a hotel or bed and breakfast. And there is a need for it. However, the demand is not endless and the marketplace has a way of self-correcting. Southold Town Board Regular Meeting page 59 August 11, 2015 Anyone who might think that this is a way to make money has probably never tried it. For us, at best, it is a way to cover some of the expenses but we definitely do not make a profit. It is a lot of work but we hope to continue until we can retire here full-time. the north fork is dependent on tourism to fund open spaces that we love, farms and vineyards, shops and restaurants require more customers than the local resident base can provide. With the short season, turning away significant portion of our seasonal guests will have a devastating impact on those who rely on tourist dollars to survive. The money must come from somewhere and the fact that many businesses here close for the winter underscores where that money is coming from. Mandating a minimum stay of 14 nights will have the net effect of eliminating Southold as a vacation destination for the families we host as guests. This is not a threat, this is a fact. In the three summers we have offered short term rentals, we have only had one family rent our home for more than a week and it was a 10 day rental. Those are law abiding people and those who are law abiding will simply go somewhere else, where they are welcome. Others will get together and as you have heard tonight, they will figure out another way around it. they will chop it up into smaller blocks and the owners like me, who care, who do the right thing,who manage their properties carefully through a professional will not know who is coming and going from their house because they will be subletting it, without our permission, without our oversight and without our approval. And this is going to be creating a bigger problem for all of us, it is going to make a bigger problem than exists now. We have rules of conduct, we would wholeheartedly support a permit process that has rules, that has a requirement that you pay a permitting fee, that has all of the enforcement that comes with that. Southold is a wonderful place, we all love it here, I don't think anyone in this room would disagree with that. Short term rentals predate all of us, as you heard from Abigail some of the history of what has gone on here for much longer than all of us and there are some old ones here, even before you, as homeowners we care as much about our home, neighbors and community as anyone else does. We have poured our hearts and resources into our homes and we are not going to do anything that jeopardizes it or our community. We want to work together to come up with the best solution for everyone concerned. So I am just asking you to please be respectful of us and to work with us. W want to do the right thing. Thank you. SUPERVISOR RUSSELL: Thank you. Ellen Wexler ELLEN WEXLER: Hello. My name is Ellen Wexler, I have had a house here since 1980, in Mattituck. I am going to read a letter by Deborah Pitorino, who is the owner of the Greenporter Hotel. She couldn't be here tonight and asked for me to read it. I thought it was really important to hear from a hotel owner. 'To Supervisor Russell and the Board, I am business owner in the Village of Greenport and operate on three lots of land zoned for commercial use. In October of 2000, when I established our business, the Greenporter Hotel, I was required to undergo a lengthy process of applying for several permits and licenses from the federal, state and local municipalities and I could not open until I received clearance from all these entities. I am not opposed to Airbnb or any other vehicle that allows citizens to make a living, however, I am opposed to the separate but not so equal treatment and apparent favoritism displayed by the Town of Southold when it comes to zoning and enforcement laws. On one hand, the Board has singled out and recently forced the closure of a family farm, Southold Farm and Cellar, because they were conducting business on a property that was not zoned for business. On the other hand, Southold Town Board Regular Meeting page 60 August 11, 2015 the town is allowing the operation of illegal hotels and event venues in the form of short term housing on properties that are not zoned for conuriercial purposes. What we expect as residents of the Township of Southold and as American citizens is fair and equal treatment in life as well as in business practices. According to publication 848, a guide to sales tax for hotel and,motel operators of New York, short term rentals are lodging businesses and therefor required to register with the New York State Tax authority. If these lodging establishments are lodging businesses, they should register as such and be subject to the same requirements as any business of its kind. New York State Tax Authority defines a hotel as such, a hotel is a building or portion of a building which is regularly used and kept open for the lodging of guests. A building comes - within the definition of a hotel, if amongother factors sleeping accommodations are provided for the lodging of paying occupants on a regular basis. The typical occupant is a transient or public traveler, the relationship between the operator of the establishment and the occupant of the accommodation is that of an innkeeper and guest and not of a landlord and tenant. The occupant does not have an exclusive right of privilege with respect to any particular room or rooms but instead has an agreement for the use or possession of a particular room or rooms and the operator provides maid or linen service or other customary hotel services for its occupants. The term hotel includes the following: apartment houses, motels, hostels, tourist cabins and bungalows. Other I support free enterprise, I do not support cronyism and feel that anything less than equal playing ground for all citizens is less than fair. If I as a hotel owner, need to abide by local and state laws, I would expect fellow citizens to be obliged to do the same. If we allow the rental of homes for short term lodging, as well as for parties and events, what's to stop people from opening restaurants or daycare centers or shops or fish markets in their home? Lastly as a legal hotel operator, I am obliged to collect sales tax, part of which funds the infrastructure upon which tourism thrives. The sales tax is separate and in addition, to federal income tax that all of us should be paying, New York State sales tax funds the New York infrastructure, including the roads, bridges, tunnels, waterways and as a result legal hotels are funding state infrastructure. Illegal hotels are just reaping personal profits. Additionally, as a legal operator of a hotel, I am obliged to impose and collect a local hotel and motel occupancy tax in addition to sales tax. This funds the New York State tourism campaign for the I Love New York website and other initiatives. Any illegal businesses including short term rentals are benefitting from those services provided by those funds and they don't pay into them. As-a hotel operator, I am certainly pro- tourism, pro-sharing economy but I am against underground economics that thrive on evading regulations and taxation while profiting off the backs of those that adhere to the law. If we close down a family farm for selling wine, then we need to consider how we will explain to the public that zoning laws are only being enforced against some and not others. I ask the Board to consider the importance of equal and fair enforcement of laws before-we head into dangerous territory in ' our community. Thank you. Deborah Pitorino, Greenporter Hotel. SUPERVISOR RUSSELL: Thank you. Dominic Miserandino DOMINIC MISERANDINO: Hi, my name is Dominic Miserandino, and ,I have a home in Southold. I would like to first thank the Board because I do see everyone paying attention and nodding to what everyone is saying. First of all, I hate meetings like this. Everybody is hot and bothered and frustrated, with the solution of the fans, everyone is just bothered and frustrated. I think everyone agrees on one point, there is a problem and let's fix it. sitting here, I keep Southold Town Board Regular Meetipg page 61 August 11, 2015 thinking of a friend of mine, this is a true story. He was 55, had a heart condition, so the doctor put him on medicine for his heart. It made his stomach upset, so he started drinking soda for his stomach, so his sugar went up. Doctor gave him another medicine for the pre-diabetes and his blood pressure went up. I see this problem as not much different. When I look on-line at what people complain about, they are complaining about the actual actions. They complain about parking, so it says right in the code, $75 fine. Great. Do it. Speeding, same thing. Badly treated homes put Southold actually at the lowest rate of zombie homes actually when you look at stats, my most entertaining was the noise and parties that people complain about. The code says between 50 and 65 decibels. I know right now, I have broken the town code by the volume I am speaking . Actually so have cicadas; air conditioning units and telephone ringers. I am simply saying, let's address the actual problem. if those are the complaints, address them. But I fear the method we are using, which is changing the law, making another law which might be circumvented, doesn't solve the problem. it is not much different than my buddy with the pre- diabetes, who thedoctorsimply said to him afterwards, the second opinion, fix the problem. right now, we have a problem, the problems are some tenants getting out of control from what we hear, the complaints we have'are very specific. Then let's just address those with existing law. That's it. That's my piece. Thank you. SUPERVISOR RUSSELL: Thank you. Lori Hollander, Greenport LORI HOLLANDER: Hi, I am Lori Hollander, Greenport. Supervisor Scott Russell and Board members. When you drive around the residential neighborhoods in Southold Town, you see house after house of beautifully landscaped and maintained properties. These residential quiet streets are now attracting short term rental businesses. These businesses do not belong in residential neighborhoods. Most homeowners in our community would not choose to live next to a transient rental house. Is it right to sacrifice the peace of mind, quality of life and zoning rights of the majority for the profits of a few? The north fork is already bustling with tourists. We are now on the map. If you look at East Hampton, which has a 14 night minimum, you can see that they have not had a problem attracting tourists. There is no reason to believe that we would either. people who need help supplementing their mortgages could if they choose, rent to the many teachers, nurses and workforce people who are having so much trouble finding affordable rentals that will allow them to stay in our communities. People who chose a short term visit can give business to the legitimate hotels, motels, cottage complexes and B&B's. our local businesses already feel the benefits from the huge influx of day trippers who frequent our farms, eat in our restaurants and shop in our towns. We are at a crossroad and are urging the Southold Twon Board to protect the quality of life in our residential communities. Seven nights will create new turnover every weekend, whereas 14 nights will still allow renters to rent and at the same time, eliminate some of this disruption. Thank you. ' SUPERVISOR RUSSELL: Thank you. Jehud Moch,Brooklyn & Southold JEHUD MOCH: My name is Jehud Moch and I live in Brooklyn and Southold. When I was growing up, my family-had a summer house and most of the women would spend the summer there with the children and the men would come on the weekends. My father was the exception. Southold Town Board Regular Meeting page 62 August 11, 2015 He drove up every night. That world is gone, for better and for worse, the sexes and the classism involved in the scenario, for most of us, it just doesn't exist anymore. People being able to take a vacation of a month, of two weeks even, for most people it just doesn't exist. And so I think one reality that needs to be acknowledged by this Board is that if you are going to say 14 days, you might as well say a year. You might as well say, you know what, we are really are just going to put a bubble around Southold and say, we don't want short term rentals. Because that, in effect, is the effect of this decision. And I understand the issues that'people are raising in terms of the quality of life issues, they are concerned about. You could be making that decision, whether it is legal or not, I don't know. I am a social worker not a lawyer but I understand the fabric of life issues you are having to struggle with but don't pretend, I don't think you should pretend that this is a compromise that can work for both sides because most people don't have the luxury nowadays of taking that long of a vacation. And tourists have, it's fungible, the money they have, they have options, they will go other places. You know, there has been a lot of work to bring tourists here and I understand there should be limits to it, you know, I get annoyed sometimes in the summer I say, I don't want to go into Greenport, too many cars and I will bike to my congregation rather than drive there because of the parking problem. Oh, I will say, too many tourists. So it's not that I think you just open the floodgates and not have any limits but they need to be rational limits and they need to be enforceable and fair and not jeopardizing those of us who want to put in our roots here. I spoke last time about the fact that my wife and I were married here and more details of our involvement here, I am not going to talk about that now but I will say two things more in the interests of time, our property is on Great Pond. There are tremendous restrictions under a covenant with the King of England in the 1700's and more recently by Southold and by the DEP. We understood when we came and we bought here and we fell in love that there were complicated restrictions. We are still trying to sort out those restrictions and we accept restrictions and regulations that we can follow. You know, should there be codes? Yes, yes. Should we be told how we should tax and-what we should pay? Yes, we should but you also can't just, I don't think it's fair to change the rules and I, you know, I am not talking about the legal thing whether to grandfathering in, that this has existed for so long and I think there is a way to accommodate it that isn't destroying the quality of life and last, I want to again, some other people have mentioned this, about dogs. Dogs are not welcome at most B&B's and at most hotels and that is a tremendous percentage of the people who rent our little cabin. We give them the rules about dogs. We tell them they must have their dog on leash etc., and these are people, mostly families, frequently multi-generational families of grandparents, children, the adult children and then the kids who get to have a holiday here with their dogs that they would not be able to have on the north fork. They will_have it. They will go someplace else and I also want to say one last thing about affordable housing, I work with the homeless. It's an issue I care about from my heart. It is a complicated issue, how do you protect affordable housing, how do you protect the working people who are year round people as you have a tourist business growing? But there are ways to legislate to protect that and this 14 day limit is not the way, it's looking at the wrong end of the telescope. Keep your minds open, get your facts and then make the decisions. Thank you. Joyce Barrie JOYCE BARRY: Joyce Barry,.I am a B&B owner, I am rental owner and also a neighbor. Pretty complicated to say'the least. You have some pretty passionate people here who have views either way. I am just going to ask the Board at this time, if you just step back and take Southold Town Board Regular Meeting page 63 August 11, 2015 ' - baby steps and really think about what's going to happen when you make your decision. Starting off with a permit process I think is a wonderful start. It will give you some control of what your rentals are, who's renting them and also gives you an opportunity to educate those people that are on Airbnb which I have heard many, I mean as a:business owner and a rental property owner, I do collect sales tax and hotel tax and I do pay them and they are required to pay it. So it is important that those people that are on Airbnb know what they are required to do when they go into the hospitality business. And I think that would be a good start, you would have them already registered, you would know who is doing it, who is not doing it. and also be able to enforce what they are required to do. so it is just my plea to you that you step back a minute and start and take baby steps and then go into what you need to go into later on, sort of like a business plan. And that's it. SUPERVISOR RUSSELL: Thank you. Carol Mavity,Greenport CAROL MAVITY: I am Carol Mavity, from Greenport. And I am going to read an article that was printed in the Daily News just very recently, actually I was asked to read this, it may be from today or certainly within the last couple of days. And as we all know, Airbnb is a topic that is many, many areas are dealing with and this is with reference to New York City and the article says, `Airbnb, the high flying internet site, could soon have its wings clipped in New York City. Manhattan city council members Helen Rosenthal and Eudanis Rodriguez will propose tough new penalties Wednesday, aimed at property owners who violate the city's ban on short term • rentals by listing their units on home sharing sites like Airbnb. Under the new legislation, the fine for a first offense would increase tenfold from what is currently $1,000 to a whopping $10,000 with the maximum penalty jumping from $25,000 to $50,000. A companion bill would mandate an annual report from City Hall of complaints, inspections and fines connected to illegal short term rentals. Both proposals are expected to sail through the council given that Brooklyn councilman, Jermaine Williams, chair of the Housing Committee is the co-sponsor and given the growing evidence that these illegal rentals are reducing the affordable housing stock in many neighborhoods. Current law only allows a permanent resident to sublet a property for less than 30 days if that resident continues to live in the unit. But an investigation last year by attorney general Eric Schneiderman, and this is the last paragraph, into the operations of Airbnb found that nearly 3/4 of the company's New York City private bookings over a four year period where illegal rentals.' So that's how Manhattan's dealing with it. Thank you. SUPERVISOR RUSSELL: Thank you very much. Peter Corbin, Southold PETER CORBIN: Hi, I am Peter Corbin and I live in Southold. And (inaudible) I feel like the last comedian before the bar opens, so I promise I am going to make this... SUPERVISOR RUSSELL: A bar sounds good right about now. MR. CORBIN: It's been a long night. We bought our first home in Southold about 20 years ago. My wife's family, my in-laws, built their house over 40 years ago. We have strong roots in the community and the president of our local homeowners association so I feel while we are not Southold Town Board Regular Meeting page 64 August 11, 2015 blessed to live in Southold full-time yet, we are here 40 weeks plus of the year. Here all the time and since my wife grew up out here, my kids grew up out here. Six years ago, we bought a second home in Southold, across the street from us we were very fortunate to find and at the time we decided to keep our first home, largely because my children who were growing at the time, still growing, we would like to be able to have a house nearby us so at some point when we retire, our kids could come visit. At that time, we decided we would try to rent the house a little bit. So, a couple of points, when you rent a house, it's a business. It's no different than if I chose to open a car repair store next to your house, right. There's no difference at all, it has to be regulated, it has to be respected, you have to deal with your neighbors in a proper way. Any- argument" against the fact that renting your home for any period of time is a business is disingenuous. Short term rentals are changing Southold. And while I am sure there is evidence that it was done 500 years ago, I am sure it may be true, may not be true, they are changing otherwise we wouldn't be here tonight. Okay? And I think you need rules, you need regulations (inaudible) to keep this sort of under control or it's going'to get crazy. Ithink also we need to think about in addition to the 14 day limit which I think should be the minimum, limitations on the number of people in a house. Okay, I see that's the bigger problem. We have a situation in our neighborhood where somebody bought a house last year, went back to his primary residence and renting the house pretty (inaudible) of August. The first week was 12 women for a ladies weekend, drinking every night, down at the beach drinking, limousines picking them up, dropping them off. Okay, next week, six full size SUV's parked on the lawn, 12 plus adults, 10 children, this is a 1,500 square foot house, the kids were in the backyard in a tent for the week. I called him because I know him from the association, I said, you have got to be amazed by what is going on, right? He said, oh, no they are great people. No one is complaining. Well, I am calling you because I don't think this is a great idea. So, the pushback from this particular owner to me in this situation was pretty dramatic. It was hard to argue, you know, because he made no particular sense. If we don't want to turn a situation like that where we have 20 people in a small house or I saw 20 people walk into a local diner a couple of weeks ago, a breakfast diner, all in their 20's. That's what's coming, alright? Without any restrictions with what's going on. With all respect to the people that are renting the house successfully, we have been renting our house now for six years. The first four years were full summer rentals. Last year we didn't have such great luck. This year we rented four weeks and six weeks, so the argument that it can't be done in Southold is just not true. It can be done. Maybe you'll make a little less. Let's be honest. But it can be done. It's just a question of what you put out there. You put a limitation on the number of people in the house, you put the limitation of a minimum of a month. So it can be done, okay? I think, going on, the two arguments I have heard today, frankly largely against it were the enforcement issue and the economic issue. I am not an attorney so it's hard for me to talk about that but truthfully, if the argument is, it's a difficult law to enforce therefore don't pass the law because people might not follow it, I don't think passes you know, law school 101. I don't think that that is an argument that is, I mean, it's a specious argument. If it is a difficult law to enforce, you enforce it. (inaudible) but you don't not pass a law because it's difficult for some people to follow. The second argument is economic and I may have a bit of a better background to argue that point. The economics of this are really the economics of the people who are renting the house, truthfully. Or the real estate, the property managers, the attorneys, whoever is involved (inaudible). And there's good reason why all of us chose to rent our houses and the primary reason is financial, so I am not arguing against anyone's individual situation about Southold Town Board Regular Meeting page 65 August 11, 2015 houses or family, that's all valid. You can rent your house for longer periods of time, you'll just 'make less money. And the Airbnb thing is the easier way to do it, I grant you, then the way we have chosen to do it but when you turn your home into a business in our community and they are all residential parts of the community, you are making an economic decision in our community and frankly, that affects all of us. Okay? So the economics of this,really, people who are going to rent for two weeks or more are financially more capable to spend more money in the community quite honestly, than the people who band together and put 15 people in a house for a weekend. I am sorry, that's just a simple economic fact. So the economics of this benefit the people who are renting fine, but let's not make the argument that the town is at risk for some calamitous economic shortfall you know, if we don't rent for three days in the middle of the summer. Thank you very much. I appreciate it. SUPERVISOR RUSSELL: Thank you very much. Marie Beninati, Southold MARIE BENINATI: I am Marie Beninati, I am a small business owner in Southold Town and a resident of the town. I have three properties in the Township, my office, a home in Peconic and a home in the Southold hamlet. I am a real estate broker. I would urge the Town Board and the public here at this meeting to sort out of this discussion all the emotional hysteria that I have been hearing over the past few months, that's not based on fact but rumor and innuendo and sheer exaggeration. Look at the facts before we make laws that punish the people who abide by them and erode our freedom and property rights that we all cherish. I have been assisting members of this community and Riverhead for 15 years with rentals. Some are year round, some are seasonal. The reasons people rent their homes are numerous, but mostly it is to help them cover carrying costs. You have heard some cases this evening and to take away people's rights to keep their home, I think is a very wrong road to go down. In some cases, the owners forfeit the joy of being here in the summer to rent their home, so they can pay their mortgages, taxes or what have you. it used to be that homes were rented for entire seasons, often by heirs of homeowners because it was an idle asset. Today, very few rentals are of that nature. They are not idle assets. Most people who rent cannot rent for a whole season. Children are in soccer, all kinds of things and I actually started weekly rentals a number of years ago,just because of that. just because it wasn't, we weren't able to rent. Short term rentals are a small part of our economy but essential to the continued prosperity of the area. There are 20,599 residents in Southold Town per the US Census statistics that I looked up today. They live in 13,769 housing units. As of today, there were 183 rentals on the multiple listing service, 1.3% of all the homes in town, of which 64, only 64, offer weekly or seasonal rentals. That is less than one half of one percent. Of the 64 listings, there were three owned by LLC's which do not appear to me to be big corporations. Most of the short term rentals are VRBO, 390, 2.8 % of the total and 134 or 1% for Airbnb. In all, this accounts for less than 5% of the homes. We are not being overrun. It does not seem that these weekly or monthly or weekend rentals are gobbling up our homes and corporations are coming along looking to rent out our homes for profit. In fact, the economics don't work for such ah enterprise. And you heard many people this evening say that. Our rental season is limited. Even the B&B business is limited. These B&B's are not rented even the majority of the nights that are available in a year. Let's look at some numbers. If you buy a home for the median price in Southold of$500,000 and you finance it with a conventional loan at 4%, your annual carrying costs are about $45,000. If you rent for $300 a day and have 50% Southold Town Board Regular Meeting page 66 August 11, 2015 occupancy and that's only two nights, every other weekend which is not even going to happen for most people, you would gross $15,600. Not a very good return for your investment And you have also heard this, it's not easy work. It's difficult work to check people in, check people out, take care of the home, make sure things are in order and that you are covered. We do not have many hotels in Southold Town and I would ask that those of you who support this restrictive two week minimum, if you would prefer hotels instead because they will come, if we cut off the ability for people to stay in homes. Some ingenious hospitality mavens will fill the gap that we are creating. Hotels have restaurants, usually big bars, large entertainment, catering. facilities, clubs, banquets, meetings etc. In fact, I understand at a recent sale of six acres here in town of hamlet business property on the Main Road will be in fact, a hotel. The Planning Board successfully killed a senior condo plan for 20 units several years ago that cost the seller and contracted buyer significant loss. Now a hotel will take the place of needed senior condo/town homes. Town Board, don't take away property rights. Property owners, don't give away your rights. It's a slippery slope. Support codes that protect our rights to enjoy our freedom and enjoy the beauty and tranquility of Southold without unnecessary restrictions. Thank you. SUPERVISOR RUSSELL: Thank you. Penny Rudder, Greenport PENNY RUDDER: Hi, my name is Penny Rudder and I live in Greenport. And I was just coming here really and planning to listen so I am going to defer to chef Deborah at the Greenporter's comments. She said it much better than I could and also to yours, my experience with rentals, I will just go into that very quickly. We live across the street from a home that is a high occupancy home, every weekend with 10-12 occupants and four or five cars every weekend and just today I got a couple of messages on my phone from neighbors about something that might have happened there last night. I wasn't there, I don't like being given the role of vigilante, that's really not why I came here. I came here because we have four generations here from age 93 to 3 years old and we came here to raise our family and we are all full-time residents and have been. One of our family members lives full-time as a renter in a home that she is hanging on to with her fingernails, hoping it will not turn into a short term rental. But what I really got up and stood in line to say is that I feel we definitely are at the crossroads and my group particularly doesn't seem to have a lobbyist or an attorney, the full-time residents. I live here 365 days a year, I spend every single penny as my husband will tell you, on the north fork. I don't shop online, so I can buy products here at antique stores or the farm market or the grocery store. I go to the grocery store most every single day. I don't go to Riverhead to shop. I make sure that I spend every single penny here because I know that it takes away from the Main Street businesses. And what I would like to ask the Board to do is as you have campaigned in the past, save.Main Street businesses. Please consider saving Main Street. Thank you very much. SUPERVISOR RUSSELL: Thank you. Judith Uhlman,Brooklyn & Southold JUDITH UHLMAN: My name is Judith Uhlman and thank you very much for hearing me and everyone else with such extended patience. I live in Brooklyn, I am married to Jehud who spoke earlier. We have a small cabin out on the wetlands that we hope to have the option to retire to in a few years. We bought it at the time understanding we could rent it for short term amounts and Southold Town Board Regular Meeting page 67 August 11', 2015 so we have been for five years with no complaints whatsoever. My concern is about the facts, I am not going to speak long and several people have made related comments that we don't.really have the facts or at least if the Board has them, they haven't shared them in any way I have been able to know. The piece that was handed out says that the Town Board finds, this is in the local law, such transient rental's threaten the residential character and quality of life in neighborhoods in which they occur., Well, I think that's true for the few I have heard about that have the nine cars and the big partiers but as far as I know, we all do not have any real cover of the facts and I am really concerned that this is being decided by emotion. As far as I know and I would be happy to hear otherwise, the Town Board does not actually know how many rental homes there are, does not know how often they are rented and to whom, does not know how many, if any, long term renters are actually being displaced, does not know the economic impact of money spent in town by renters or spent in town by homeowners maintaining houses for renters, does not know or does not say how many complaints that have actually been and how many are actually substantiated. Has not assessed the impact of a 14 day minimum on responsible homeowners, their house values and the impact of sales this may force and finally, has not shown how existing laws could not prevent these problems but a minimum rental supposedly could. So I am going to answer one of the points, a lot of people have spoken about the people they rent to and what they are like and I just wanted to give you a few more little facts about that by reading verbatim some of the inquiries we get and I can substantiate this to anyone who would like to see our rental inquiries, I can show you on Homeaway where they cannot be changed by me, so you can see what people have actually said. Good morning, Judy, my son and I would like to stay at your cottage for the dates above. Next, my wife and I are interested in renting your cottage the second weekend in October. We have a small adult female boxer dog who regularly travels with us. Next, my husband and I are looking for a nice romantic getaway, kids free, except our dog. Hello, I am looking to accommodate two or three couples during these dates. We are 55 to 60, quiet, and no pets. Hello, we are looking to stay here for my sister's wedding. Weare a family of seven. My husband, myself and our five children, 12, 9, 7, 5 and 2. Hello, we are considering to rent your cottage for five days in August, we have two kids, 6 and 8 years old. Hi, we are interestedinrenting your cottage, we are a family of four with two boys 11 and 14. We may also bring our Portuguese water dog, Buddy. We are looking to rent,your lovely property with our toddler,just over 2. Dear owner, your place looks amazing. I would like to book it for the week starting August 3. I would stay seven nights. Right now it would be me and my husband but it's possible one other adult and their child would join for four nights. Another, we are very interested in this rental. We are a family of two parents, two teen girls, one family friend and one well behaved 25 pound dog. Hi, Judith, I am interested in booking 'your cabin for these dates, it will be me and Clancy, the dog. But brother and sister-in-law also joining for the weekend. Hello, I am interested in renting your cottage for Mother's day weekend, is it available for a four day rental? I will be eight months pregnant and we are looking for a quiet weekend before the baby arrives. It will be myself and my husband along with our two poodles. These are the facts about who is renting most of these places. These are not people who are causing a ruckus in the neighborhood. Now a lot of people have said different things, I don't expect you to take what I said and say, oh, those are the facts and everything else is not so much the facts, that's hearsay. I want you to get the actual facts and make decisions based on that. I believe that laws based on facts'have the most potential to serve the people. Whatever they end up being, whether they are in my favor or not, I need them to be based on facts and not on hearsay. The Southold Town Board Regular Meeting page 68 August 11, 2015 Town Board should gather the facts first and not -base their decision on people's fears. Thank you. Bill Edwards,Mattituck BILL EDWARDS: First of all, I would like to commend all of you for your patience because I can, and your attention, because it's obviously been a trying evening for all of you as well as for other people here. My name is Bill Edwards, my wife Amei Wallach and I have had a home in Mattituck for 25 years and have resided there full-time for 18 years. It has never been rented for even an hour, although I served as a member of this Board for four years from 2004 through 2007, I have never risen to speak once here. I didn't think you needed Van Gogh's ghost. But I am moved by the current controversy to offer some thoughtson the proposed legislation regulating short'term rentals, legislation I feel which will neither solve the problem it addresses, it will not solve the problem it addresses but it will generate negative consequences which are not apparent today. I would argue that if the Town Board decides to regulate short term rentals, the maximum, and I can hear the argument, the maximum required rental-should be no more than seven days and even that limitation should be adopted with eyes wide open to unforeseen consequences. Further, I believe that the proposed two week minimum would largely destroy the primary market for seasonal rentals on the north fork, causing financial hardship for responsible homeowners who are presently able to rent their houses out to responsible tenants when they are not using them. These short term rentals help homeowners cover their expenses including their real estate taxes and the proposed two week minimum represents a major and a costly incursion on homeowners property rights.- In the spirit of transparency, you should know since 2007, I have held a real estate sales person license through Beninati Associates. Since I am not engaged as full-time graduate student at Stony Brook, probably the oldest graduate student in the state, my real estate activity has been minimal in recent years. My work in that field has helped inform my perspective on the issues here. Twelve years ago, Dan Ross and I were elected to the Southold Town Board in a campaign where there was only one issue in dispute between the two political parties. The incumbent Town Board majority had put forth a proposal to rezone practically all of the R-80 land,undeveloped R-80 land in town to R-200 in an effort to protect Southold from the kind of overdevelopment which all of us want to protect Southold from. Both sides agreed on the goals, there was- significant disagreement on the means. Our financial analysis showed,that we would be cutting the value of the land owned by farmers about in half - which obviously would affect their access to capital based on the value of the land they owned. I - bring up this ancient history only to remind everyone that in that election the voting public of the town made it clear that the Town Board should be extremely cautious in restricting property rights. Even when articulate voices were crying out loudly and convincingly for a change in the law to achieve a supposedly worthy goal. The lesson was clear and it turned out we were able to solve the problem by rewriting the subdivision code. And of course, two of you were involved in that without resorting to the upzoning which the public had refused to accept. Under our republican form of government,the six of you Board members are charged with representing-the best interests Of the community as a whole and the most difficult policy decisions you have to make often come when you are forced to choose between property owners rights and some larger social goal. The short term rentals issue obviously is exactly that kind of issue and that's why there is so much conflict here. While I hear the calls from several'Southolders including good friends of mine, to control the number of short term rentals, I urge the Board to move with great caution in restricting homeowners rights to use their property as they have traditionally been Southold Town Board Regular Meeting page 69 August 11, 2015 entitled to. If in end you decide to enact legislation in limiting short term rentals to homes in Southold Town, I want to discourage you in the strongest terms from setting a minimum rental period larger than seven days. You are after all, undertaking by implication the issue of enforcement and the calls for enforcement may very well fall on the authorities who are working on weekends and evenings when complaints are most likely to be raised. I do want to say something about, to give you an idea of the sort of thing that this can imply for people that you don't think ahead about, two weeks ago, my son and his fiancée called and said, my son who is finally getting married at the age of 44, so I may possibly get a grandchild out of this deal, called to say that they wanted to get married at our house and most of you who have been to our house understand why they want to get married there, they asked if the wedding could be held at our house. Most of the guests would be coming from out of town, he is marrying a woman from Minnesota and in several cases they would represent family groups who would rather rent a home for the weekend of the wedding than be scattered hither and yon, B&B's, hotels, in Riverhead, motels, wherever. Some will undoubtedly wish to stay for a full week to enjoy what we have here and will spend their money on restaurants, retail stores and assorted services. They will certainly understand being asked to pay for a week',s rent to cover really just a weekend because obviously we know where the value is in rentals but it is unreasonable for them to rent a house for 14 days when what they really want is an extended weekend. And these are families, people who like the idea of renting a house with three or four bedrooms where the family can have a sort of a mini family reunion as part of a wedding and those of you who have been to weddings where this happened, you understand that. Everyone who lives here knows that there are numerous beautiful venues on the north fork for staging a wedding, including but not limited to the wineries. And those weddings make a significant contribution to our local economy in a wide variety of ways. Several of the wineries rely on the cash flow from 'weddings and as a former Board member there, I can tell you that without the wedding revenues, Hallockville Museum would be hard put to survive as the fine institution that it is. Setting a 14 day minimum stay would remove private home rentals from the options of people attending weddings, as housing options, if they wanted to stay together in a private home. Thank you all for hearing me out on this topic, I have no doubt that the Board will adopt a course of action here to the best interest of the community as a whole and to minimizing the negative impact on property rights on the north fork. Thank you. SUPERVISOR RUSSELL: Thank you, Bill. Virginia Ludacer, Orient VIRGINIA LUDACER: Hi, my name is Virginia Ludacer, I am a full-time resident of Orient and a long time proprietor of a mom and pop shop on Main Street in Greenport. I can confirm that we do rely heavily on the business provided by short term visitors as opposed to day trippers or year round residents. You can talk to my accountant and he would .be happy to fill you in on that. I also know Penny who spoke out against short term rentals and I am really sympathetic to her situation but as I told her, nuisance properties exist in occupied homes and year round rentals, not just in vacation rentals and if noise is an issue, crack down on the noise complaints across the board. If overcrowding is an issue, crack down on occupancy rates across the board. I also have a property that I have listed on VRBO, I checked my records today and saw that I had rented it out 11 times over four years. A lot of people don't do this full time as a business, it's just something that they do occasionally. I am self-employed, I don't get paid vacation. I can't Southold Town Board Regular Meeting page 70 August 11, 2015 take off for 14 days but if I want to visit a friend in Maine for a week this summer, what harm is there if I rent my house out for that one week? I can hire a house sitter, I can lend my house to friends but I can't rent the house out. It will be the same effect, there will be strangers in the neighborhood. The only difference is, I don't have the money to take a vacation. I am just urging you to please consider situations like that, there is no difference if I want to go see my family in New Orleans for Thanksgiving for a week if I hire a house-sitter to sit with the dogs, there's a stranger in the neighborhood. If I lend the house out to friends so that house is occupied, theres strangers in the neighborhood but I don't have the money to take the trip. Thanks. SUPERVISOR RUSSELL: Thank you. Scott Vayer, Southold SCOTT VAYER: Good evening, my name is Scott Vayer, I am a resident of Southold, I live here 365 days of the year and I have had two kids in the schools here. I have spoken before at these meetings and I appreciate that you are all still here and in fact, we have had many of these meetings at this point and now on the basis of this statute, this proposed statute, I would like to just give you some feedback on some of the things I just heard tonight. I think it's a very difficult position that you find yourself in because there are people who I know on both sides of the issue and I am sure that you know people on all sides of the issue. I have a dog, I don't rent my house. I don't take my dog with me to, when I go traveling, although he might like it. I might like it to but we have to have a dog sitter because we can't take the dog, well, I suppose we could book in a hotel, we have learned that there are hotels that will allow dogs but he is still going to stay at home, spending all his money in Southold. You know, I could begin at the beginning with the misstatements that I think Ms. Field made, maybe we will have a chance for that but I really want to address a couple of over-arching points as well as a couple of small legal points. You know, there has been a lot of emotional venting tonight, and I think in the end when you go home, you realize that you have to make the decision and it has to be, you know, we consider emotion and there's emotion on all sides, including people who have been distraught because they have had these terrible nuisance homes next door but people who haven't had nuisance homes next door and have been distraught because they have had short term rental situations next door. I think in the end you have got to separate out, you can't think about the emotion of any complainant. Because in the end, you have to make policy and that's always what we come back to. This is a question of policy and a question of what's going to be the best way for you to proceed with a difficult issue that is facing not just our town but lots of other, not just towns, big city's too, like we heard. New York. So there aren't necessarily clear paths, perfect answers and it's even possible, I know we think we might have the answer in this statute but it's even possible you will have to amend the statute again, god forbid. It could happen but I don't think that's a reason for inaction. And the reason it's not a time for inaction is that although we have now tabled and delayed a little bit, we have lost this year in terms of trying to regulate the situation and if people have said tsunami and geometric growth and all of these kinds of things but we really are in a situation where if I was a lawyer representing this, I would say to the judge we need a TRO, we need a temporary restraining order. We need emergency intervention. That's how fast this situation is developing and getting away from us and I don't think we want to wait until it's completely away from us until we do anything. You can always revisit the situation and you can consider amending this law, passing a broader code next year, it's possible. Southold Town Board Regular Meeting page 71 August 11, 2015 The question is, has there really been a paradigm'change? And there has been a paradigm change because of the internet and I don't think anybody would be surprised. I mean, we all know what's happened with Uber. You know there's not just Airbnb, there are several of these companies that are operating this way. There are now companies that are doing in house catering, where the family makes the meal for the guests. All kinds of things are being democratized, in a sense, but it's also a very new form of laissez-faire capitalism. Some of it is good but it's disruptive and it is destructive, even when it's creative. We have to try to harness the good parts and not be destroyed in the process by the bad parts. You know, even in the area of securities which maybe seems a little far afield,-I think it's very interesting. We always had, we passed the, you know, when you go to raise money for a corporation, sometimes you register and you do a public offering, it's very expensive and difficult if you are a small business you don't do that. you try to raise money through a private offering and so, this went on in the 20's and 30's and it led to havoc because investments got way out of control, we had the great depression. Afterwards, in 1933, we passed a law, the securities act of 1933 and the securities act said from now on, if you want to go out and raise money, you have got to follow certain rules and we created the SEC and we said here are rules and people have to follow these rules and you know what? not every investment is available for every person who wants to get that opportunity. We only allow certain investments for accredited investors and that was the way the system ran since 1933. We had an exemption if you wanted to do fund raising you could file for exemption under regulation D of the securities act and you could file all of your paperwork and you could say, okay, I am only going to show this offering to so many accredited investors and I could have 35 non-accredited investors could get offerings, a certain type, if I am only raising up to $5 million. I am raising $1 million, it's fewer. If I am raising unlimited amounts of money,then I can't show it to any unaccredited investors because I am not registered and I didn't do all the compliance. Along comes the internet and suddenly there's crowd funding, crowd sourcing and you know, the economy was in a bit of a tailspin most recently, so the Congress passed the jobs act and the jobs act said, come on SEC, get off your duff and open it up and allow the internet to play a role here. People should be able to market their securities through the internet. Why not? It took the SEC two years but eventually they came out with a program, most recently I think in February, rule 506 C now permits fund raising and general solicitation using the internet for the sale of securities. First time. On an unlimited offering but there's a catch, it has to be to only accredited investors. 'It can't be just, you know, they have got to have minimum net worth, there are many rules. Now Congress would not have done this and the SEC would not have done this, changing the whole landscape since 1933 if the internet had not caused a paradigm shift. But it did. So to say that this is the way it was 100 years ago or 500 years ago, please. It is just not true. We are in a new world and there are new things happening. Now the question is, how do we deal with it and I think that the new statute that you have come up with is a pretty good attempt to deal with it. People can rent their homes, as we have heard tonight, they can still rent their homes if it is owner occupied, this law has no effect on the rental of the home. If the home is not owner occupied, from what I heard tonight, most of the people renting their homes through this program are not owner occupancy situations and I understand, they want this to be here for them five years when they can finally get out here but you know, who says they are entitled to have two homes? Who says they are entitled to have two mortgages if they can't cover it? Now, they can cover it if they rent but they can't rent at Airbnb rates every weekend. All we are asking is make it two weekends. Now that does not mean that you can't have a Southold Town Board Regular Meeting page 72 August 11, 2015 family come in for one weekend. They just have to pay for two weekends. That does not mean that they have to pay double the rate, it just means you have to accept 50% of the rate. You can't be greedy. We heard from people in this town who have lived here a long time and say that the prices are out of control, they can't afford the supermarket, they can't afford this, they can't afford that. Why are prices, what drives this kind of inflation? What causes this? What causes this is the speculative bubble, exactly what we are talking about. If you want to h old things back so that our growth is controlled, not out of control, we have to apply some regulations. Two weeks is not a lot to ask for. That still allows you, that's not what East Hampton did, that still allows 26 leases in a year. Now enforcement may be difficult but it's not impossible. And just because there is violation and we don't catch everybody doesn't mean that we won't catch somebody. Punishment in the legal system has a few purposes. Three that I can remember, one, which we all know about, retribution. You know, revenge. Let's get the son of a gun. And that may be, we can understand that in violent crime, we can empathize, that's probably the least important in our justice system. The second one, is rehabilitation. The wrong-doer maybe will learn his lesson and rehabilitate himself. We try that, there is a lot of recidivism, so even if we put some of these short term renters in jail, I am not sure they might go right back and do it again. But the third, the third reason for punishment is deterrents. I assure you, if the town attorney holds a few people who violate the rules flagrantly to account under this law, the others will take notice and it's a simple commercial matter. They will simply say to their tenants you have to sign a two week lease, I will take less but you have got to do a two week lease and I want a security deposit because if you violate the rules, I am putting an indemnity clause into your lease. You are going to indemnify me all my costs, simple. You won't have those kinds of problems anymore or you will have it much less. Now the last thing I really want to address, even though I really would like to hit Abigail Field as the last thing but I am not going to because you have sat long enough but the thing I do want to address is this thing of equal protection under the law in the 14th Amendment because I never heard anything so outlandish, so while I was sitting here, I looked up an article on the site of the ACLU. It's called ACLU.org and it's an article about equal protection under the law and the 14th Amendment and it says right there in black and white, the first test that the Supreme Court requires that we apply is the rational basis test. The rational basis test has two parts that you have to fulfill. Number one, did the state have a reasonable purposed for passing the law? Quote unquote, a rational purpose. And number two, is there some difference between the two classes of people making it reasonable to treat them differently. The law is valid if the answer to both of those questions is yes. I would submit that that's the test that would apply here. But just so we are thorough because when we raise legal boogeyman and we threaten lawsuits, as I heard tonight, veiled but I heard it, let's at least be a little bit thorough. The second test that the Supreme Court applies is called the strict scrutiny test. The strict scrutiny test applies where the court sees some sort of classification on the basis of race or national origin or something that involves fundamental rights or some abrogation of fundamental rights like the right to vote, the right to have children, things of that nature and there where the classifications are made, these are called suspect classifications. These suspect classifications I don't think exist in our situation of short term rentals. Now that, as if that would be the end, it should be the end but you know, we keep, we keep having cases, so there's another test, it's called the intermediate scrutiny test. The intermediate scrutiny test is applied when the classification and discrimination is based upon sexual difference. Again, there's no sexual difference involved in short term rentals. So that brings us back to the first test Southold Town Board Regular Meeting page 73 August 11, 2015 which is the rational basis and clearly, clearly, you have a rational basis for the statute you are about to pass between the persons who are going to be regulated or going to fall afoul of that law and those who are not and the difference is the commercial activity that's occurring in the house, in a residential neighborhood. So I would simply submit to you that there is no 14th Amendment problem contrary to what you have heard tonight. We won't go into the 5th Amendment just now but I think that you are well on your way to getting a good statute passed and we can always look at it again. Thank you for your time tonight. SUPERVISOR RUSSELL: Thank you. Kerry Navarre Mattituck KERRY NAVARRE: Hi, Kerry Navarre Mattituck. I have one question. What's the purpose of zoning? What's the purpose of residential zoning if people are going to come in and change it to be whatever they want it to do, rent it, do a concert in their backyard, do truck repair in the driveway even though it doesn't make any noise, it doesn't really bother the neighbors, just occasionally. The residential zoning, what's the purposes of businesses that have zoning for rental stuff, let's say hotel/motels, we are now put on a, we are head to head competition right now is this Airbnb. People are telling you stories where they are going to rent a house, so three or four families don't want to spend money for hotels and now the hotels are sitting empty a lot of the times because they are going to put three families in a house, five families in a house. Do whatever they are going to do, they could share a bathroom, they could sleep on the floor, they could put a tent in the backyard and it has had an effect, over the last eight years, this has been going on a long time, this is not recent, that has taken a toll. We have had a lot of properties that have gone in foreclosure, you have had a lot of B&B's that the owners have had to sell their properties because they basically can't figure out where there business is going and I just heard tonight, there were a lot of heartbreaking stories tonight about everybody had a reason about why they had to break the law and rent their house illegally on these websites. No one mentions the fact that they don't pay any occupancy tax to Suffolk County, they don't pay any sales tax to New York State and they get away with basically having a commercial piece of property. They are basically real estate speculators that love their properties. So you have got to, you know, sit back and you have got to ask yourselves, where do you want this to be in five years? Right now, your decision that you're making is probably the future of this community. And when I say that it's the future of your families, you are all local people, grew up here. Your families are being priced out of the market. Right now, the savvy real estate investors are sitting on the sidelines waiting for your decision. When your decision comes in, then the floodgates are going to open. It's going to say, okay, the law is behind us, I can rent this house out two week period. One seven day period whatever it is. They are going to base that on their ability to purchase a property based on the amount of rental income they are going to get. I have spoken to a couple of people and they said they are thinking about, well, I might buy a house in Rhinebeck, I might buy a house in Newport, I might buy a house on the north fork and they are waiting and a couple of other communities but they are waiting, all these towns are in the same situation as you. What are they going to do about the Airbnb because they are basing their future purchases on what the towns decide as far as the regulation. If you put the brakes on the speculators, which is 30 days or more nothing less, then you are still going to have people that are going to rent, they are not going to be able to rent it every weekend or three days or two days or whatever they want to do but they might have to rent it once in a 30 day period, they are going to have to be registered Southold Town Board Regular Meeting page 74 August 11, 2015 with the town, I think you are going to have to come to a permitting and registering process, that goes without question. But the purchase price of these houses is now going to take a little bit of a break because they are going to say, hey, I don't have $20,000 a year in extra income to pay on debt service, so that's going to hold the prices down in the real estate market because what they are going to find out like everybody in the speculation market does, that all good things come to an end. And when you have, you know, 2,000 houses in your community and now they are saying I can only rent a week, I can only rent a week in the season because I am in competition with 2, 000 other people, now all of a sudden you have got a lot of people that can't pay these mortgages and then we will really hear the heartbreak stories how they can't pay their mortgages because there's nowhere else to go. There's no one else to rob. They can't rob the motels, they can't rob Riverhead, they can't do this, they are going to have nowhere else to go because they just over-saturated their market and that's where you have got to sit there and say, five years, ten years from now, where do you want this town to be? And the brakes, the control is all based on actually this decision. this probably effects the future of this community more than anything that you guys can do with regulations and zoning because right now you are breaking the zoning rules and you have got to really decide, do you want your families to live here or do you want it to be, you know, go look in Queens, go look in Hampton Bays, it's, it's Queens used to be single family houses. First they started making apartments in the houses and they made the house have one extra family. Then they took the house, divided the lot and put two houses on the lot and they got two families and now you got all attached houses and don't think it can't happen here. You can say whatever you want but it's this onslaught of pressure from you know, professional attorneys and professional people that are actually, you know, running ads in newspapers to bring out you know, everybody in the wood work to come out against you, feels like a tidal wave. But they, they're 30 people, whatever it is, you still have you know, 15,000 people here that aren't in favor of rentals and they are the silent majority and this is why you have to decide if you want to change the nature of your community because once the floodgates are open, it's gone. You are not going to get it back because if you have thousands of rental houses, you can't stop it and that's what New York City and all the suburbs did, they couldn't stop it. So what did they do? They just let it go along with it and you just lost your suburban atmosphere. And that's, unfortunately, you guys have the biggest decision probably that anybody's had in this town and that's to decide the future and that's whether or not you are going to slow down the growth and you know, pass something that's a minimum of 30 days or more. That's basically it. So, it's a quality of life issue and as the population goes up, the quality of life goes down so what everybody came out here for is not going to be here. If you think the roads are bad now, watch it five years or ten years. You have got to really look forward and whatever the worst case scenario is,that's what's going to happen. Thank you. Denise Raska DENISE RASKA: My name is Denise Raska. I am the person and my family are the people who you are all mad at. We just got here and we came here because it's a beautiful, beautiful, beautiful place and we want, my children and I, we bought a house together because we were responsible and we wouldn't buy anything we couldn't afford. And we have a lovely grandchild and other members of the family that we want to share and we do rent out when we are not here. We are here most of the time. We are here all of August, I stay out here all of August. I have been here, this is our second season and we come two weekends during the year because we work. We can't hang out during the week. I don't live in Manhattan, I am not Manhattanizing Southold Town Board Regular Meeting page 75 August 11, 2015 you, I live in Katonah. It's a lovely place in northern Westchester, New York. But there's no water there and my dream was always to have a place with water, I want to retire here and I feel very badly that I am not welcome because I think I would be a great attribute to your community. As will my grandchild who I hope will grow up here and love it, maybe someday buy a home here. The reason why we rented out is that it helps us with making our property a better place. We are very particular who rents our house and I think most people who rent are, because I don't want anybody messing up this beautiful house. So I just, you know, I heard so much about the kind of people who rent here, I am well educated, my husband is well educated, my children are well educated. We are good people, you want us here. We are going to be an asset to your community and I would never rent to anyone who would be a poor renter and if they were a poor renter, I would never rent to them again and I would give my apologies to my neighbors. It hasn't happened yet but if it did, I surely would not allow them to rent again. I also want to say that either you allow people to rent or you don't. The zoning laws are at question, okay, then you shouldn't allow any rentals at all or you allow people to rent. It's one or the other. It can't be the'zoning laws say you know, this is not a business area so you only can rent for two weeks or you only can rent for a week or a weekend. It either is or it isn't. And we would follow whatever rules that you make because we are good people. Thank you. SUPERVISOR RUSSELL: Thank you. Can I just say one thing before you speak? I tried not to speak all night but one thing I think both sides,the mistake each side has been making and I have been dealing with both sides for several months now and that's mischaracterizing what the other side is saying. I have to tell you, I have met the owners of most of these short term rentals, they are people that care about the community, no doubt. They have absolute commitment to this community whether they rent these homes or not. They are not rapscallions looking to just pull money out of the local economy. At the same time, the people who have concerns about short term rentals, they are not small-minded townspeople running around with pitchforks and lanterns. They have genuine concerns and they are legitimate and they are more far-reaching than just the cars out front or just the noise on a weekend. You know, there's an awful lot to both sides, there's a lot of merit to both sides of the discussion, I just think we all need to understand that. You know, either side has something important to say. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: No, no. I am not referring to you. I was actually defending you. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: That's what I am defending. I met people just like you right along who have just as deep a commitment to this town, even though they are renting short term as people, you are people with deep commitment just like I have. I met most of you and that's what I was trying to say, that others shouldn't characterize you as just trying to pull money out of the local economy. That hasn't been my experience. Abigail Fields ABIGAIL FIELD: Hi. I have already spoken, I won't repeat what I said. I frankly feel personally attacked because I have been told there were a lot of misstatements but nobody named Southold Town Board Regular Meeting page 76 August 11, 2015 one of them. I was told I had a bunch of misrepresentations and I threatened lawsuits which I did not do. I pointed out that you have one provision that is spatially unconstitutional, it doesn't damage your whole bill and you can strip it easily but you should before you pass this. I want to address a couple of the substance points that I think have been misleading because I have been accused of being misleading. I would like to make some things clear. One of those things is that the advent of the internet, as much as it has created Uber which is fundamentally different than taxis because Ubers are not regulated and there is no oversight and as much as there is a brand new way to raise capital and I know about the jobs act and as much as there are transformative, disruptive and frankly in my view, often quite dangerous things that the internet is allowing, escape from the regulatory state, okay, it is the false dichotomy that's being set up here is that it is a minimum night stay or nothing and there is a way to impose regulation. We can anti-Uber the Uber. We can bring Uber up to the speed of the taxis in the sense that we are saying regulate. Give us, make us register, give us restrictions. Nobody that rents defended the nine cars and you point out, I know it's true that there are people that say we don't like the turnover, that's true but they are not coming to say that at the hearing. What we hear on that side is the nine cars, we hear the loud noise, we hear those complaints. Nobody who rents defends that. We all want that to stop. A solution for that behavior is a permit that makes it easier to enforce your quality of life restrictions. That does not address turnover, I grant you that. if you are going to define the problem as turnover, then you are looking at a minimum but that does not address your quality of life issues and I tried to point out, people say so what's the point of criticizing the enforceability of a law, just because we can't enforce it doesn't mean we shouldn't pass it. Look, I am just saying that you can do something enforceable, something that actually would work, that addresses the quality of life issues. I am not saying, don't pass a law. I am saying let's try to solve a problem. Right? And the problem, and there is an issue when you define the problem as turnover and that is, you heard an owner here say I rented for a summer and then the tenant sublet it out. I rented for a month and then they sublet it out. You heard somebody else say I had it listed with a broker for the summer, nobody rented. I had it listed for a month, nobody rented. Yes, there are extraordinary properties out here that the people who can afford those rentals will take. But that is not the bulk of who is doing this and you heard a lot of people say you don't have the data for this decision. I think that is reasonably fair. I think you should take a good look at the situation. I think that you need to do some very clear thinking about what it is you really want to solve and I am not belittling people who aren't taking this seriously. But the internet in this case all it has done is make it easier for the willing renters to find the willing landlords. You have heard the description of the tenants who come. These are the same tenants who have been coming. All that's happened is it's made it easier for these two to connect. It isn't a new class of people coming. You are worried about, you want to worry about Montaukization, I think that's, Montauk's having a nightmare, right? Montauk's nightmare is the nine cars, loud parties, 20 people in the yard nightmare. You can shut that down with a permit and a registry. You can shut that down. You have got Montauk having a big problem because people are overserving people, nobody's enforcing, the article all about it was about drunk people walking around in public. That's not our issue. We have families and their dogs and their kids. So I just, you know, after being accused of all this misrepresentation, hearing all this talk about people saying there are problems of these quality of life issues and then coming back with a minimum that doesn't match as a solution I just would like to clarify. And then the last thing to point out, somebody mentioned how East Hampton has a two week minimum and Southold Town Board Regular Meeting page 77 August 11, 2015 they have lots of tourists, well, go on VRBO there's lots of short term East Hampton rentals. I just did it while I was here and I know there was a narrow window that East Hampton was allowed to do that, it doesn't change, there's no way all those ads are compliant with East Hampton's code. So enforcement's a real issue and turnover I don't think, if turnover is the problem, you are going to have to really rethink how you are going to make... SUPERVISOR RUSSELL: Don't define the problem, that's simplistic. There are several problems that we are trying to address. MS. FIELD: Okay, so let's... COUNCILMAN DINIZIO: Can I comment? I have been involved with the Town about 30 years, okay? I sat on the Zoning Board for 25. I have dealt with this code for many years and what you are saying to me right now indicates to me that you haven't read our code. And I thought we solved the problem of having homes that would not be party houses, that wouldn't have cars parking all over the place by requiring people who want to stay here for a couple of days to stay in a home that has the owner in it, okay? That's what our code says. That's what B&B is, okay? and this is called Airbnb. And I just kind of think that you are kind of stretching things if you think that, and it's only my opinion, anything that you have done so far is legal. I don't think it is and I am going to tell you, I don't want to see it legalized. I don't want to see Airbnb homes legalized in residential zones. It's not going to be good. Because I have dealt with the code in other ways and okay, it's all fine that you all are very nice, it's nice, it's doilies and you know, even B&B's serve bread and breakfast and we have wineries that were supposed to be just tea and crumpets and a little bit of wine, okay, look what it turned into, okay? and as these things turn over and as people have to start making more money to support, you know, the new use that they suddenly get, they are going to pump it up a little better, okay? we have a winery in town that did that. The result was not good. Okay? and that's what I see here, so quite honestly, I have been sitting here, I have been listening, I have heard town people call, like Scott said, you know, not very nice things and look, we have worked with this code, we, I like to take slow steps and like to see it come out at least some compromise but if you are not going to at least admit that all you have been doing, that you didn't even bother to look into the code, then I don't know where we start with that. MS. FIELD: So, I have read the code and I have read the definition of a B&B and I have read how a B&B is an owner occupied property and I could not find anywhere in the code where it said the only rental allowed in a residential neighborhood is in a B&B or owner occupied property... COUNCILMAN DINIZIO: Well, no.... MS. FIELD: And your premise that this is illegal, you said this in your online comment also when you said this, is that the only way the code currently allows rental in a residential neighborhood is as a B&B and that sentence just isn't in there and not only isn't that sentence in there, you took a principal position which I complimented you on that 7 nights, not 14 was appropriate because of the long standing history... Southold Town Board Regular Meeting page 78 August 11, 2015 COUNCILMAN DINIZIO: I took the 7 night stand because it's in our code. MS. FIELD: No, you... COUNCILMAN DINIZIO: If you want to stay (inaudible) MS. FIELD: We can rewind the tape on Channel 22. COUNCILMAN DINIZIO: In our code, it tells you, you have to stay in a motel, in a transient motel, you have to do those things. MS. FIELD: We can rewind the tape sometime... COUNCILMAN DINIZIO: Well, I am assuming that's going to be challenged. MS. FIELD: But you said that you recognized that one week rentals have a very long history in this town. COUNCILMAN DINIZIO: I do. MS. FIELD: And you said that you (inaudible) and I compliment you for recognizing that. either those one week rentals have all been illegal because a lot of the rentals here have been one week rentals, alright, that you have been hearing about and the way you talk to me about this or they haven't. I read the code, I don't see a sentence that says the only way you can do this is a B&B and clearly your other council people, at least some of them, do not because they wouldn't have debated the prior legislation the way they did, if they agreed with your read of the code. But I respect your opinion... COUNCILMAN DINIZIO: Well, I think the conversation really was 8 days or 7 days. Okay? Quite honestly, if people are worried about weekend after weekend after weekend seeing different people next to them, okay, that's what people were worried about and I think that the 14 day eliminates that, okay, except for the people who want to break the law, except for the people who want to go around the law, okay, then yeah, okay, those people we are going to have trouble with. But we are hoping that you're not one of them and the 12 people you represent aren't those people either. MS. FIELD: The 23 people I represent currently are not those people but they are afraid if they do a 14 night rental or a one month rental, that they have lost control of their property. Because it has happened to them but no, the whole reason they hired me and by the way, the other kind of weird thing that's been said is if there is some unfair advantage, right. You don't take me any more seriously than you take somebody else coming up here, it just is helpful and convenient for people to talk to, I am not some super person that comes in and waves a wand and makes you all do something because I am lawyer. It is amazing, the tenor of some of the things that's been said but in any case, I just appreciate that you guys have been trying to be thoughtful, you have been Southold Town Board Regular Meeting page 79 August 11, 2015 very patient to hear everybody out and I hope you take very thoughtful, very thoughtful and careful consideration of this issue before you make a big change. Thank you. SUPERVISOR RUSSELL: Thank you. Lori Hollander LORI HOLLANDER: Hi, I just want to say that East Hampton has a slightly, has an addition to their code and the reason you might see a weekend rentals listed in East Hampton is because the residents there are allowed to rent less than 14 days but only two times in a six month period, so if you look and you see weekend rentals, that is probably the reason, they have that two time opportunity. That's all I wanted to say. Jean Cooper JEANNE COOPER: I will be real quick. SUPERVISOR RUSSELL: Sure. MS. COOPER: AT the very beginning and I just wanted to kind of bring it all back in a few sentences. I forgot to mention that I was on the Planning Board of the Village of Greenport, I was the chairman and we worked with the State and we drafted the second waterfront revitalization plan that was adopted in New York State and I had the privilege of being on the Board at the time that we passed it. In doing so, we changed zoning right out from under property owners in order to have it for the better good. The Mitchell property that you all enjoy on the park was supposed to be Kenny Tedaldi's B&B that's across from the nursing home up on the North Road. That's the courage and I don't say it just myself, that's the courage it takes and the foresight it takes for a governing board to look at the zoning code, to look at residential uses, what is the best and highest use for the populace in general. Not for people, all this was very compelling about how they want to keep their property, they live in Massachusetts, someday we want to live here, very compelling. Your job and you have an absolute right to determine how the use of a property in a residentially zoned area can be managed or used and I applaud the fact that you have listened to all of us, you have been very gracious and that you are taking this very seriously because I do believe, as that young man said, the decision that you are going to make about the housing stock and the use of that housing stock in this town, it is going to be fortuitous to how the future of this town progresses. We are at a crossroads, we just came out of a recession, properties were almost within reach of our young community people, just almost. Now we have people that own homes that have to run businesses out of those homes by renting properties weekly or daily in order to hold on to those properties. That's not an appropriate use. A business rental, transient hotel use is not an appropriate use in a residentially zoned property. I applaud you, I would ask you once again to look at the broader 10 year plan and also to please reconsider a 30 day which is more in keeping with seasonal rentals than the daily or weekly. I am done. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) Southold Town Board Regular Meeting page 80 August 11, 2015 Closing Comments SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 11:16 P.M. Y/0 nat.a.4) Ea beth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell