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HomeMy WebLinkAboutTB-08/25/2015 ELIZABETH A.NEVILLE "spFFoc - Town Hall, 53095 Main Road TOWN CLERK �o� oG PO Box 1179 ti Southold,NY 11971 REGISTRAR OF VITAL STATISTICS :o ° , Fax(631)765-6145 MARRIAGE OFFICER � 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 25, 2015 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 25, 2015 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on August 25, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization L Title j Status '.. Arrived : Departed Robert GhosiomLTown of Southold Councilman Present 1.._..._._ James Dinizio Jr Town of Southold i Councilman ; Present William P. Ruland Town of Southoldi Councilman i Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold ' Justice Excused 4:30 PM , 5:30 PM Scott A. Russell Town of Southold rupervisor Present ElizabethA.Neville Townof Southoldown Clerk Present m µ, William M Duffy ° Town of Southold town attorney Present I. Reports 1. Planning Department Monthly Report 2. Town Clerk Monthly Report 3. Trustee Monthly Report 4. Recreation Department Monthly Report II. Public Notice III. Communications f Southold Town Board Meeting page 2 August 25, 2015 IV. Discussion 1. 9:00 Am -Laura Klahre & Dave Dominy 2. 9:15 Am -Jeff Standish 3. 9:30 Am -Michael Collins 4. 10:00 Am -Michael Collins & Mark Terry 5. 10:15 Am -Mark Terry & Aly Sabatino 6. 10:30 Am - Mark Terry & Heather Lanza 7. Resolution of Support for Freight House at Greenport 8. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:26 AM for the purpose of discussing the following matters: Labor: Matters involving employment of particular person(s). Litigation: Kelly v. Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Russell EXCUSED: Louisa P. Evans 9. EXECUTIVE SESSION- Labor 10. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at AM/PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Russell EXCUSED: Louisa P. Evans 11. 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 11:26 AM until the Regular 4:30 PM Meeting of the Southold Town Board. Southold Town Board Meeting page 3 August 25, 2015 RESULT: ADOPTED [UNANIMOUS] • MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Russell EXCUSED: Louisa P. Evans 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 4:30PM 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,Russell EXCUSED: Louisa P. Evans Pledge to the Flag Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. At this time I am going to invite anybody that would like to comment on any of the agenda items to please feel free? Jame Spanos, East Marion JAMES SPANOS: Hi, my name is James and I am a registered voter and I live in East Marion. My concerns with this, is with the transient use permits, not permits but the transient use code that you guys want to change or keep similar to 14 days. I had a question for our town attorney. By leaving it at 14 days and limiting the one to two day short term which I think is a good thing but keeping it at 14 days still might interfere with some of the hotels income and'would it open up the town for tortiously interfering with the hotel industry? TOWN ATTORNEY DUFFY: No, I don't think it would. SUPERVISOR RUSSELL: Can I just elaborate? I think if you are referencing your property in East Marion, I think it's RR zone which would be excluded, this law wouldn't pertain to operations that you know, are in the right zone and things, it wouldn't encumber hotels in any way. MR. SPANOS: Okay, no I do realize I am in an RR zone and I am grateful for that. I did read the beginning of this. I also, I just wanted to know,just certain things about this short term code that we are voting on today,just some questions. For people that are violating, what's their, is there a penalty, a fine? How would we bring them in? I have some suggestions on how to enforce it. I heard from the building department that it's difficult to enforce. There are other Southold Town Board Meeting page 4 August 25, 2015 townships that are enforcing these one to two night stays, weekends or evenly weekly. It's pretty easy, I can give you the suggestion. SUPERVISOR RUSSELL: Sure, I will give you an answer and then I am certainly happy to take any suggestions. First, I think we have to dispel a myth that's out there, that this code relies on the internet for enforcement. When this code was drafted, it included internet searches as additional'means for code enforcement but this is going to be, this process is going to be like every other aspect of the code. Every aspect of the code is a challenge. But we are adding part- time code enforcement officer, in fact, we are advertising tonight to focus on uses like this. We are going to have code enforcement available nights and weekends. The complaint first goes to the Town Attorneys' office and then from there it is going to follow a normal process. There is going to be fact finding and those types of things. MR. SPANOS: And what would be the penalty for offenders? SUPERVISOR RUSSELL: I am going to defer to the Town Attorney. TOWN ATTORNEY DUFFY: If you look at•the local law being adopting tonight, where it's just another, any other zoning code violation of our zoning ordinance and it would be a fine of up to $5,000 per occurrence. ' MR. SPANOS: That's a good start. And would it revoke their C of 0? Certificate of Occupancy? TOWN ATTORNEY DUFFY: No, it wouldn't revoke their C of O. If they are not using the way the CO is intended, you don't revoke the CO, we are trying to get them to operate within the CofO. MR. SPANOS: No,, I understand that but if they are still continuing to advertise one to two night stays or weekend stays, then they are not complying with their certificate of occupancy which could open them up for,to revoke their certificate of occupancy, correct? TOWN ATTORNEY DUFFY: Our code doesn't call for the revoking of the C of 0 for not operating within the certificate of occupancy for a single family dwelling, there's other, you know, there's more civil penalties, there's Supreme Court jurisdiction where we could enforce in Supreme Court, we could get injunctions against them but there's nothing in the code right now that would revoke their C of 0 for a single family dwelling. MR. SPANOS: Okay, my fear is that eventually maybe larger investors would come in and not some people trying, claiming they are going to make their bills or ends meet. Larger investors would come in, realize that it's a hotspot and there aren't enough hotels in the area, they will buy up whole neighborhoods and rent them out bi-weekly for the whole summer and then they will shut down operation and it could be a major problem. Even the 14 days. I am suggesting maybe you know, I know the area definitely needs more hotels and that's a fact. Aliano's Beachcomber closed down. There's a lot of other older hotels that aren't operating and my suggestion is being Southold Town Board Meeting page 5 August 25, 2015 more open to building new construction, new hotels which would open up a lot of jobs and just to beginning for attorneys, architects, bringing money into the town for permits and then going further into the future, never mind the carpenters, the electricians plus the ongoing jobs year- round for the residents which might even keep some of ht eyounger people around. So I was hoping that something we can really discuss and maybe even you know, look into it for the wineries. SUPERVISOR RUSSELL: You are 100 percent right. What we recognize with this current issue is that, and we have known for some time, Southold needs more accommodations,no doubt but since we are doing the land use chapter of the comprehensive plan, that's how we plan on addressing it. we actually today talked about defining a new term which we would call country inns. You know, not everybody wants to build 50-60 rooms, maybe those six to eight to ten room facilities, those types of, you know, to start meeting the needs throughout the whole community but you are exactly right, that's what we have to do. MR. SPANOS: Okay, great. Thank you very much for your time and I am glad you guys gave it a lot of thought and I am sure that, well, the future of our town is in your hands and you are doing a great job. Thank you very much. SUPERVISOR RUSSELL: Thank you, Jim. Anne Murray,East Marion ANNE MURRAY: Hi, I am Anne Murray from East Marion. I just first want to say thank you for finally coming to a vote on this. I know it has been discussed for a very, very long time and I just had a couple of quick questions, if you do enact this code tonight, this law, can you tell us when exactly it will be in effect? Is it 60 days from tonight? SUPERVISOR RUSSELL: That's a discussion we have to have as a Board. I do think people should understand that.... JUSTICE EVANS: It will take effect 60 days after filing with the Secretary of State. SUPERVISOR RUSSELL: Sixty days. MS. MURRAY: And when do you plan to file? SUPERVISOR RUSSELL: Usually within a week of the adoption of the local law. MS. MURRAY: So we are talking October maybe? SUPERVISOR RUSSELL: Probably. Look we are going to have to be realistic here and understand that... MS. MURRAY: I understand. Southold Town Board Meeting page 6 August 25, 2015 SUPERVISOR RUSSELL: Reservations have been made and I don't think the Town intends, if it passes, to swing a heavy hammer here. We are going to look for compliance as best we can. But after 60 days and Jim answered an issue before about how we are going to enforce. Like I mentioned, we have a code enforcement officer that will be coming on soon that will work nights and weekends and he will be able to respond to complaints immediately. We also are going to establish a 24/7 hotline that you can email right on our website, so that as those complaints go in, they will go right to the Town Attorney and what we will be able to do is respond to them quickly. And that's part and parcel to what we plan on doing. MS. MURRAY: Okay. and you have people that have already applied for this part-time code enforcement? Does it have to be someone in the union or can.... SUPERVISOR RUSSELL: We were just given the authority by civil service to advertise, so it's on tonight's agenda. MS. MURRAY: Okay, thank you. Peter Terranova, Peconic PETER TERRANOVA: Peter Terranova, Peconic. I rise tonight in favor of the Town Board resolution 740 calling for a minimum 14 night transient rental of private homes in residential zones which heretofore was not a permitted use. Personally I favor the 30 day minimum as this threshold is within sync of Suffolk County's definition that less than 30 days constitutes a business subject to both sales and hospitality tax. But a 14 night minimum is better than nothing. We must do something to forestall the trend to make Southold Town one big motel. I do also favor, though, the institution of an annual rental license or registry to make compliance checking easier and to pay for the addition of the code compliance official. While not in this resolution, it can be an addition at some future date following the deliberation by this board. But should be enacted prior to tax bill mailings to include the proper notice to all property owners. Over these past few months we have heard all the arguments both for and against. One speaker objected to being told to sell if she couldn't afford her property without short term rentals, fair enough. But the flip side is, don't ask fellow citizens to subsidize their lifestyle or return on investment. Now the town has been unfairly criticized for not aggressively enforcing current quality of life statutes. It is my view that the town has historically relied on the good faith of its citizens to observe these statutes as they were passed to preserve the quality of life in Southold that all profess to holdmostdear while holding down the creation of enforcement bureaucracy. It is this practice that helps keep our taxes as low as possible. I say to those, be careful what you wish for regarding stepped up enforcement rather than complaint driven problem response. It is ironic that those who rose in opposition to this statute are placing their personal needs, be it financial or otherwise, before the quality of life of all residents that they vehemently profess to cherish. Why is it that we are willing to throw away and destroy that which brought us'here in the first place? Maybe it's human nature but we must resist it at all opportunity. Another speaker", I believe, rose up and said, well, we have been discovered. We need a place to house these people. Well, you know, what comes next? We are going to build a heliport to get them here quicker? I mean, that's ridiculous. Years ago, there was a TV program called the Naked City. Scott, I don't think you are old enough to remember that but the opening was there are 8 million stories in the naked city and this is just one of them. At the last two public hearings, we heard many'individual Southold Town Board Meeting page 7 August 25, 2015 stories. All were sincere. But this issue is not about individuals, although admittedly, some individuals will be affected in some way. As stated by a speaker at the first public hearing, I don't recall his name, this is an issue of policy. I think we all support the notion that local government defining what activities are permitted in residential and business zones. As Suffolk County requires the collection and remittance of sales tax and hospitality tax on home rentals of less than 30 days, then home rental is a business period. It's all about the money, make no mistake about it and that's okay, the business of America is business but local government can and should decide where business is to be conducted.- It is not the role of government, be it federal, state or local to pick economic winners and losers. The free market an honest price discovery performs that task best. It is the role though, of local government acting on behalf of the electorate to set the policy and framework for the lifestyle and character of the community. And what is and is not appropriate behavior. Tonight's resolution is an important step in that direction. Thank you. SUPERVISOR RUSSELL: Thank you, Peter. Sir? Joseph Marchese, Sound Ave.,Peconic JOSEPH MARCHESE: My name is Joseph Marchese, I live at 155 Sound Avenue in Peconic. Peter and I are neighbors, okay? I purchased the property, well, I bought my first home when I was 25 in Nassau County. I purchased property here when I was 28, in 1974. I built my house which I presently own in 1976, so I have been a resident, well, a resident by having a home here for 39 years. Okay, it's had its•ups and downs with the jetty and everything else, every year is something different but this issue is about money. It is strictly about money. I sympathize with the people who rent out their homes for whatever reason but the issue is about money. I was watching the program that's aired on TV and I was just burning up. We have a lawyer here who represents 23 people, I want her firm to benefit from this. I want us to enact legal and non-legal to tie them up for years. I want you to tie up the money, okay? I want you to tie up the money. I am going to give you an example. I am by Goldsmiths Inlet. Half of my propertyis facing the parking lot, the other half is off to the side and we have a house that was just sold about a year ago. I don't know the owner. I don't know but I know it's Motel 6. Okay? It is precision, that the,couples' leave and I don't see no children, okay? No children whatsoever. Couples go in, couples go out and on comes the cleaning lady two hours later, she leaves, new couples go in, okay? Next, next house over is Robert Longo. Robert Longo was a renowned sculptor and his wife was an actress in Germany. That was their family home. They owned it for 70 years or better. Peter's father got them to come out there to look at the house. So Longo wanted to remodel the house, so the town said you can only stay within the footprint. Not looking at this man, at his family as an individual being there for X amount of years. That was totally disregarding. Then Peter's fathers house, next door, they sold it to this Michael from Brooklyn, okay? Michael from Brooklyn gets a variance to put up a three story structure, not only blocking Longo's solar panels but his view of the water. Now the Longo's are very artsy people. The builder took a tremendous amount of time to get to them to make decisions on what they wanted for the house. In the interim, Michael went ahead and built his three story structure. He advertises on B and B now, $7,000 a week rental and it will sleep 12. So there he is, Longo is in between two Motel 6's, okay? What do you think he is going to do? He is going to sell it. He has sentimental value there and he has got a summer home somewhere else but he has a personal sentimental value to that house. So now he is caught, he is upset that his view was cut, he is , Southold Town Board Meeting page 8 August 25, 2015 upset that they choked his electric grid, okay? So what is he going to do? He is going to sell it and then we are going to have three Motel 6's there, okay? now, we are going to go to the next house, this is all on the shore, next house is Dohm's house, been vacant, the mother and father died, the family is in Connecticut, okay? they don't come to the house at all. I's just rotting there, the house after that is Lynam, Lynam, he grew up here, okay, in town. But he lives in Indiana. He has three other homes, one in Pennsylvania, one here and he is renting it out. Another (inaudible) is the first two I talked to you about, okay, but he is renting it out. And now we go down a little further and we have got Marissa and she rents it out periodically but basically she is a resident, you know, summer resident here. Then we got Georgio, Georgio family used to stay out all summer but the mother is not too well now and the kids are fighting about the property, so that's been vacant for a while. Peter goes and cuts the grass there. Alright? And then we got the Malone's. The Malone's have got two properties, they haven't done nothing with it in years. They got a ton of kids, like nine kids that are owners of the property. Haven't done anything. So I am looking at it as Joe Marchese' has been here 39 years, never rented his house at all and I am looking at down the line and I am saying, there's a potential being another four Motel 6's, especially now the way the stock market is operating, okay? They are looking for investment properties. So we can have four other Motel 6's. You know what? You don't need a town supervisor, you don't need director's or anybody, with these people controlling the money, you people are gone, okay? What you have to do, you have got to limit and I don't care if it's legal or illegal, okay, that's the truth. You know, it's like the New York State government legislature passed a law that you can only raise taxes 6 percent. Well, Nassau County said, no, we need more money and what did they do? They changed the assessed valuation. They didn't change the percentage but they changed the assessed valuation so they got the money that they wanted. That's what we have to do. Find a way around the corners and get it done, whether it is legal or not, we have to tie up their money. We have got to limit the amount of rentals in a particular area, it could be section, it could be streets, it could be whatever, right? Now, you have the people where you know they are renting, this is an income property on BNB, you just go through the rolls, I guarantee you those are the guys with the highest mortgage rates and you have access to that information. You contact the bank, you send them a letter and then you tell them you are revoking t heir certificate of occupancy because it's a commercial property and they're making money off of this and this doesn't go with our code and let the banks put the pressure on them, okay? But (inaudible) my son and daughter-in-law are two lawyers but I am assuming that they have done this before and that puts all of you at a disadvantage whether it be California, down South or wherever it might be. Puts you at a disadvantage, okay? You have got to do whatever means it takes to protect this town. I can't, you know, there's other issues I would like to talk about but not here, if it's 14 days, 7 days, she's so happy. She is so happy. SUPERVISOR RUSSELL: I would just like you to refer to the Board, okay? If you can just keep your comments right to the Board. MR. MARCHESE: What I am saying is the lawyer is happy because she has diverted your attention away from what should be done. That is what I am saying. The 7 day, 14 days, they are laughing about it. I guarantee you that they are laughing about it because you are diverting away from the true issue here and that's the money and overtaking the areas. (Inaudible) where Peter and I live, across the street. I have got a beautiful house, okay? I have got a beautiful Southold Town Board Meeting page 9 August 25, 2015 house. Peter can tell you, six sided, all glass, beautiful home. Yet I am being taken advantage by these people, these motel 6's because I represent a good picture for them when they are selling that property. Okay? I don't like it, I got one neighbor next door to me, he is on the corner of Mill Lane and Sound Avenue. He has been renting it for years, his family comes out a little bit, (inaudible) guy mows the lawn you know, when they are coming but he is renting. Alright, he is not the real problem. He is a problem but he is not the real problem. Okay. Then you have got my house, I have got 100 foot, my next door neighbor Chris has 50 foot and she is not a well woman, okay? then we go all the way down the line and we have got a number of (inaudible) I think Peter is the only one that is on the street that is a winter resident and that's not for long because he is going to Florida. But what I am trying to tell you is the whole block is vacant there. It's so ripe, it is so ripe for this being taken over. I have been here for 39 years, it doesn't count for anything. you are not protecting and I am being taken advantage of, okay, by these people and I don't like it. My wife and I, we make a joke when we are coming down Mill Lane and we make the turn, we say let's see if we can catch somebody in our driveway. If I catch them in the driveway, they are not getting out, plain and simple, they are not getting out. I work too hard to get what I have alright, and I am not going to allow anybody to take my lifestyle away from me. Okay? I got to put up, right now I have got to put up with illegals sleeping on the beaches. I get up at 2:00 in the morning, I see flashlights. They are on the beaches. And I have got to put up with that. You helped us out, on Mill Lane there, with the cars by putting up those signs, we had people parking over there, they were coming up my driveway, asking for paying parking on my property. I have got to be subject to all this garbage? I don't care what you do, do it legally, illegally, just tie that money up. Make them spend the money because that's where it hurts. That's what they are looking at. Money, money, money. Thank you. SUPERVISOR RUSSELL: Thank you. Salem Katsh, Orient, Attorney SALEM KATSH: I am Salem Katsh from Orient. I am a lawyer, I don't represent anybody in this situation. But I am very distressed about it and I think you have heard a lot of arguments on both sides. Vehement arguments. I think it isn't about money and you are going to be picking winners and losers. It's not about money, it's about anger. It's about people who are angry for whatever reasons and are expressing it against strangers and foreigners and people with flashlights on the beach and people who park too much and people who make noise, they are angry and you're giving in to it. now, I am not here to reargue all the things that have been said against it, that it's not enforceable, that it's discriminatory, that it's xenophobic, but I will say this and you will never tie the lawyers up, you know, because I can tell you right now, good lawyers will find ways around this law because command and control statutes have a terrible record of being violated. Prohibition, drug laws, you don't do it that way, you regulate it. UNIDENTIFIED: Inaudible comment. MR. KATSH: What's that? SUPERVISOR RUSSELL: Let's just have the dialogue come right to the Town Board. Southold Town Board Meeting page 10 August 25, 2015 MR. KATSH: So, as I said, I am not here to reargue everything, I would make a suggestion though. This is such a close issue, of such concern to many, many people. A big percentage of the population, why don't you put a sunset provision in it? let's see what happens over three or four years. Once you put a statute in, it's very, very hard to get rid of it. Even if it's bad, even if it proves that it is bad. You have got to go to court,people have got to go to court. I don't want to see my tax dollars going into you hiring lawyers and fighting about this in court. There are serious legal problems with the statute that you are suggesting. Put a sunset provision in. Four years. People will comply with it. And we can see what happens. There is an economic issue about the community. All these people renting, you know? People go in and out when they rent. That's what they do. It's not motel 6. It's money for the restaurants, money for the wine, money for the marinas, the boats, the fishing. People want recreation and as I said, you know, if these were, well, so that's my suggestion. Thank you. SUPERVISOR RUSSELL: Thank you. Judy Uhlman JUDITH UHLMAN: Hi, I am Judith Uhlman. I have spoken a couple of times here. I do not have a lot of money, I do have a second home here. We do rent which was our understanding when we bought it. I won't rehash all of that but I do want to say one thing on the record. We hired Abigail because she was willing to put a bunch of us together, to buy an ad, to get some stuff done and I want you all to know that she has charged us the grand total for all her work for $300. So all these people that keep making these snide comments about avaricious she must be, it is just not the case. I don't always agree with everything she said, I don't always agree with the attitude with which she said it but she has been extremely generous and not ripping anyone off, least of all the town that she cares about. Thank you. Abigail Field ABIGAIL FIELD: I didn't expect that to come up. In any case, I want to say a couple of things to add to the conversation here. Salem mentioned, oh, I am sorry, I am the lawyer, I am Abigail Field. The bête noir that is the lightning rod for all the... COUNCILWOMAN DOHERTY: We just needed your name. MS. FIELD: Abigail Field of Cutchogue. Salem mentioned that a lot of the money that comes goes into the tourism industry and that is true, right? It is hard for businesses here to come and take a stand because they don't want to alienate their customer base of the people who aren't tourists, so I think there is an underrepresented voice at these public hearings, some of these businesses. But I want to address a couple of other economic dimensions. A gentleman stood up and talked about the need for hotels and this is an interesting idea, these country inns. But he started by mentioning how hotels had closed. We have a seasonal business out here. There is no shortage of rooms in the winter. In fact, there's no shortage of rooms in the spring. In fact, in late autumn there's no shortage of rooms. For a hotel or motel to stay open year round or to cover the costs of existing year round, whether they are open or not is a very challenging economic proposition. The free market is existed. I mean, it is true that there is deep seated community opposition on the siting end. There was a woman who wanted to do the property that was called Oki-do and whatever the merits of the proposal and I personally thought there were some significant demerits but whatever the proposal merits, that could have been 50 rooms and Southold Town Board Meeting page 11 August 25, 2015 the opposition to it was enormous. Just enormous. So, one, but we haven't had a bunch of these fights that get defeated at the siting level. People don't want to set up hotels and motels out here because the money doesn't work year round. It just doesn't. and then to further that, there has been this idea that we are going to have the hedge fund managers coming up and buying whole neighborhoods because this is a massively good investment, I will be honest, I used to think that at the very early, I thought that was a risk and the reason I thought that was a risk was because hedge fund companies did that nationally with massive numbers of foreclosed homes. And they bought them super cheap, they slapped some paint on them and they rented them out and they have made money doing that. but since the beginning days when I was operating under that misguided understanding, I have had realtors and others educate me, including the homeowners on the real costs here. Land and housing out here is so expensive. Let's say for a second you bought a property for $500,000. That's not a crazy price for a property out here. A lot of them go for well over $1,000,000. Let's say its $500,000. Let's say you don't have to put even a penny into updating it or renovating it. Now your carrying cost between your home insurance and your taxes and your maintenances, I don't know, let's go cheap. Let's say $10,000, okay? You want to rent it out. Renting, there's a lot of overhead, you have got your cleaning, you have your landscaping, you have your contractors for plumbing etc., etc. but let's be generous and say in the season you made $30,000. That would be nice, right? Let's say you netted $30,000, I am not representing people that are necessarily, you are looking at, you know, 20 years to break even? Maybe? I mean, where's the business model on that? Yes, it is true, you are maintaining the ownership of the property and you can then sell it later. I am not saying that there is no way it makes, no economic sense for somebody to do this for their one property but it doesn't make sense to do this on a multi-property scale out here. It could in places where housing is cheap. There are places, I am not going to tell you that in the world this can't make sense but I don't see how it makes sense here as a business model for large scale, short term renting. And the gentleman who spoke about the advantages of voluntary compliance and complaint driven enforcement in terms of less bureaucracy and less taxes is right. It is true, it's nice to do complaint driven enforcement which is what you guys had represented you weren't going to do before but now it sounds a little bit more, well, you mentioned a place you can submit your complaints 24/7. You mentioned a guy that can come out and respond to complaints,right? SUPERVISOR RUSSELL: I also mentioned case building and like every other aspect of the code, it's not complaint driven, we do the best we can with the code we have. COUNCILWOMAN DOHERTY: There will always be complaint driven in any aspect of the code because that's.... COUNCILMAN DINIZIO: That's what we have always done. MS. FIELD: And I would suggest complaint driven enforcement like that is a smart idea, for reasons that he mentioned. Right? COUNCILMAN DINIZIO: Well, It's not a new idea. MS. FIELD: I didn't suggest... Southold Town Board Meeting page 12 August 25, 2015 SUPERVISOR RUSSELL: It's not just complaint driven. MS. FIELD: I am only rifling off of what Scott said at the previous meeting, okay? I am not suggesting it is new for you guys to do complaint driven enforcement and I am validating what he said, that I think it makes sense as a model of code enforcement for keeping costs down and taxes lower. Also, the idea of voluntary compliance. When you guys considered the one week minimum which I think you could still vote on because you had your public hearing on it, at least if you had no real changes to it, that's easier to voluntarily comply with for people. The market by and large can be at one week for people. It's when you start getting into the two week and there's an issue with the two week that I haven't heard yet get taken seriously enough by the proponents and that is the rental aftermarket and this happens in the Hamptons all the time. you get some one person signing your two week lease and then they sublet it and you don't know and that puts you at risk, not only to be targeted for enforcement and then you can successfully defend yourself because you did nothing wrong, you had a two week lease but the problem there is you have got strangers in your house you didn't vet and you have got a risk to your property you couldn't manage and that's a real risk. SUPERVISOR RUSSELL: Can I just, and I really didn't want to have this debate, I just wanted to listen but first of all, you said it's easier to get compliance if we go to seven nights... MS. FIELD: Yes. SUPERVISOR RUSSELL: So basically what you are saying, if you want compliance with the code, pass a law people like and then you don't have to worry about compliance and that's a poor way of running town government. I think we have to look at this larger, I am sorry, I don't want to debate this any longer. Go ahead, Abigail. MS. FIELD: Look, as I have represented to you many a time, the reason my clients hired me is they intend to obey laws and they are trying to negotiate them, so when I suggest to you that it is easier to get people to voluntarily comply with laws that don't eliminate their opportunity, that's not a threat of non-compliance and that's not a statement that I want you guys to make policy for people's convenience, it's a comment about the reality of people voluntarily complying or not complying and the enforcement burden you are creating. So there are other enforcement burdens on the two week minimum besides simply voluntary compliance and that is that aftermarket issue you can look at it and think it's a less than two week rental and it could be a two week rental and you won't even have a way to know until you get into the enforcement mess of it. You are right, we have said all of this before... SUPERVISOR RUSSELL: We had no way of knowing it's a one week rental. COUNCILMAN DINIZIO: Can I ask a question? MS. FIELD: Yes. Southold Town Board Meeting page 13 August 25, 2015 COUNCILMAN DINIZIO: If I own a house for two weeks and I found out that somebody was sub-renting it, whose problem would that be? The towns'? MS. FIELD: If you, so let's say you... COUNCILMAN DINIZIO: If I were the owner.. MS. FIELD: Yeah, you are the owner... COUNCILMAN DINIZIO: And I find out that someone is subletting from my lease and I don't want that to occur... MS. FIELD: Right. COUNCILMAN DINIZIO: Is that the town's problem? MS. FIELD: No, if you find that out, you evict them. I am saying to you, I might not find out, you may not find out. And you don't find out and you were trying to be a good neighbor, you were vetting who you were renting to, you are trying to protect your property. You are taking your security deposit and you want to have confidence in who these people are in your house and I am simply saying, the risk is you don't find out the subletting is happening. I assume the minute you find out that the subletting happened, you evict them and you keep the security deposit. COUNCILMAN DINIZIO: But listen, you have been telling us all along that you vet your people, that they are all good people, that they all come and they all want to enjoy it. Now you are telling me that maybe some of them are not. Maybe some of them are business people or they are going to make money on the lease that you give them. MS. FIELD: I am telling you that on a two week rental, that is not where the current market is. and so you, where the current market it, the owners feel that they have lots of control because they have never had any experience of people lying to them or cheating on them or the very few of them that ever had a problem kick them out and keep their deposit. You heard somebody come up here before, talk about when she did a 30 day rental this happened to her. She did two week rentals, this happened to her. I am not making this up. This isn't some lawyers straw argument or fiction, like some craziness that might happen on some planet but not for real... COUNCILMAN DINIZIO: But she stopped, she stopped doing it. MS. FIELD: But she switched to short term because she didn't want that risk. COUNCILMAN DINIZIO: But short term, honestly, are illegal in this town. MS. FIELD: You are not going to, I will let... Southold Town Board Meeting page 14 August 25, 2015 SUPERVISOR RUSSELL: You are raising so many questions that I have that I feel like we are re-debating the issue. MS. FIELD: I am sorry, I guess I will just... COUNCILNMAN DINIZIO: Let me make one more statement, all those people have to do is come in to the building inspector, tell them what their business plan is and get an answer from him. MS. FIELD: All I really rose to say was to do the bigger question about could you really solve this demand issue by siting new hotels and could you, is there really a way to accommodate this seasonal tourist demand that doesn't result in losing the economic benefit of these rentals by going some other housing route and I am simply suggesting that and also I rose to address the issue of rental farming. And how those economics didn't work. So you guys have heard all the arguments, you are going to vote how you are going to vote. I wasn't even trying to persuade this,trying to correct some of this discussion. SUPERVISOR RUSSELL: You know what, we will go after but if everybody could just have at least one chance before we vote on the agenda. Jehud Moch,Brooklyn & Southold JEHUD MOCH: Jehud Moch of Brooklyn and Southold. I greatly appreciate the time the Board has put into listening to people, myself amongst others. I don't want to reiterate anything that I have said. But I do want to say that this is, this isn't and shouldn't just be about some people making money, that your responsibility is to think of the welfare of the town in general and that I really think that responsible and controlled tourism is part of this town and I think you really do need to weigh what sort of growth is it going to be? What will the effects of these policies be long term? Now, I have a vested interest in this. And that is and I feel like I am speaking in part for middle class tourists, both those like myself and my wife who own a place and those who rent from us and that if you, we went for a bike ride yesterday and I saw all these houses that I am not familiar with that were multi-million dollar houses. I do believe that if you pass this, the only people that are going to be able to be here on vacation are going to be those people who have a lot, a lot of money and who leave their houses vacant a lot of the time which is a whole other problem. So I am saying that having short term rentals helps keep healthy, invested middle class vacationers and I just wanted to end with a question. I don't know if you will answer questions of what do you see as the problem? Why not a registration system? As Abigail has formulated. You know, why not make us all have numbers in our ads and it will make enforcement so much easier and you know, why not? Why not try that? COUNCILWOMAN DOHERTY: We decided as a Board to start out small and define two words and that's what this is about. We didn't say we are not going to look into anything else in the future. We are just doing this step now and if we need to develop a code that has people apply and pay a fee every year, then we might go in that direction. We don't know at this point. So all these arguments and you think we are saying no, we are not saying no, we are listening to you but for right now, this whole public hearing process and this process has been about defining transient rental. And it is not we are creating this whole new code or we are not creating this Southold Town Board Meeting page 15 August 25, 2015 whole new code. Right now we are just defining transient rental and in the future our next step might be saying, okay, now we think we need a code or we don't need a code. Are we going to live with it for three years and see what happens? So that's where we are at right now. SUPERVISOR RUSSELL: I will give you my opinion on that. The registry doesn't really solve the fundamental question as to whether these should be permitted in residential zones. I think it's a myth that's being perpetuated by some who want to control the narrative, that this is about bad behavior, when all we need to do is enforce the code that exists. First of all, it really isn't about bad behavior. There are some instances where it might be but the code doesn't, there is, what code are we going to enforce? The code, there is no code, you know, prohibition from being an idiot and impolite next door. Well, enforce the noise code. You'd be surprised the threshold for the noise code is about 65 decibels. In most instances, they are not going to violate that. so this notion of taking the code and just enforcing is going to take care of the bad guys, we are not talking about bad guys, we are talking about fundamental land use issues which is what the town is trying to address. And we have a residential zone for a reason. And what is the best way to ensure that the quality of life that people have come to expect is preserved and protected? Registry is not going to get around that basic question. It will serve as an oversight scheme if you wanted to regulate and control them but the more fundamental issue for me has been whether they should be allowed to begin with, not how do you control them. And I understand there's some complicated, noble, overly prescribed ideas out there about rental permits and all that but again, that fundamental issue hasn't been addressed by that. Also, I am sorry, I am taking up your time, one thing I want both sides to understand, I have dealt with both sides of the issue. People from both points of view. I have to say, the people who own these houses, overwhelmingly, they are not rapscallions trying to pull money out of the economy, who have no interest in Southold, that's not true. you know, people who own these homes, most of them do care and they do invest back in, I get that but also, the people that oppose these short term rentals, they are not tenth century rebels running around with pitchforks. These people are as worldly and urbane as anybody else who just say, look, that's not what I invested in when I bought in a residential community. And I think Benja made a point that's worth repeating tonight. Benja said you are not just renting out your house, you are renting out your community. And I think that's a very important point that needs to be made. Anyway, please go ahead. I am sorry. MS. MOCH: Understood. I appreciate both of your answers and to me, it's almost Orwellian to say we are going to define, obviously it's in what you write and it's your responsibility to define how a property can be used but to say that transient rentals are two weeks when that's not, I think you need to face what is going on in Southold, you know, clearly you have said no weekends, that's a decision you can make but if you say no to more than a week,just accept the reality that you are saying you are eliminating most of these rentals, period. Because you know, it's just, it's rarely there, more than two weeks. I am sorry, what did you want to say? COUNCILMAN GHOSIO: From my point of view, the code is already being broken, for a lot of the folks that came up here and they advocated for what they are already doing, they are already breaking the code. So in some respects, we are actually legitimizing something, you can't have these to begin with. Southold Town Board Meeting page 16 August 25, 2015 MS. MOCH: Well, we have heard different things here and obviously you are going to decide now what you are going to decide so, you know, this needs to go on but understand that you are saying no to all of these families, all of these people with dogs, whatever, the point to be made, they are not going to be coming here, period. SUPERVISOR RUSSELL: Thank you. Mike Cooper, Southold MIKE COOPER: Hi, my name is Mike Cooper. I rent here in Southold, I have lived here my whole life and I would like to speak on behalf of renters and first time home buyers. You know, we have really been squeezed these last five years, I have been renting here for 10 years. A lot of us have to commute outside of the community to work, I work in Westbury, the guy who rents a unit above me works in Manhattan. He commutes every day to work, you know, we do make sacrifices to stay out here but over the past few years we have been really squeezed and just to give you an example, this is not ironclad research but if you do a search on VRBO basis minimum of two bedrooms, maximum of$400 per night and you search the whole of the north fork, there are 74 properties. Okay? That's apartments, cottages and two and three bedroom houses. If you do search on MLSLI, which is not going to be every rental under the sun but it's a major tool that people use when they are looking for a place to rent year round, there are 10, two of which are priced above $3,000 a month. That's effectively eight rental properties, right now if I was looking to rent a place, an apartment too, I have eight. There are 74 listed. Now granted, every single one isn't going to be an apartment, it might not be right splashed right back on to the rental market or first time home buyers, they might not be forced to sell but the point is, natural turnover and the idea that this is somehow not effecting our market and our young people, not even really young people, I am 33 years old but it's teachers, nurses, I know a nurse right now who lives in East Marion and she can't find a rental apartment. She has a small family, she can afford it. She can't find one. And that's not made up, that's not because the economy is doing well, you can make these arguments, the reason why prices of houses are coming up. It's hard to stretch that this is causing a pressure on houses below $400,000. I believe it is but it's hard to make that argument but you can't argue with the fact that there's a lack of year round rentals that people need, all the people that, all the money that's coming in from short term rentals, the middle class that works here, your waitresses, your bartenders, they need a place to live. COUNCILMAN GHOSIO: And that's something the businesses have come to us and explained many times. Frankly I think that some of the businesses that we were discussing, tourist based profit centers are the folks that need these long term rentals that are affordable more so than they do the short term transient rentals. • MR. COOPER: Yeah and I just wanted to, I don't want to draw anything out but you don't hear from a lot of renters, I feel like maybe they feel like they don't have a voice because they don't own a home but you know, talk about middle class tourists, we have a middle class here that needs to be supported and I do appreciate you guys stepping up and putting this forward. Thank you very much. SUPERVISOR RUSSELL: I will say that one thing I weighed very heavily is because my position, I had originally supported seven nights, was the impact on the long term impact on , Southold Town Board Meeting page 17 August 25, 2015 housing. The estimate that was presented to me one night, at the last public hearing, was that there are 600 of these here in Southold. That's 5 % of the housing stock. There were none just a few years ago, how many will be there in five years? Ten percent? Twenty percent? At what point do you get to the tipping point and I am not going to confuse that with affordable housing, because these aren't affordable rentals either way. It's just the availability of rentals that presented a lot of concerns to me. Moving forward, again, what we are doing now, we are trying to anticipate what consequences are down the road. MR. COOPER: And you have to look at, yeah, you look at 600 units,that's why I did my search basis a minimum of two bedrooms. We are not talking about someone renting out a room in their house under $400, so we are eliminating McMansions. These are cottages. I rented a cottage in Mattituck, I rented a two bedroom apartment in Greenport. I rented an apartment in Southold, you know, these are what you are finding on these websites. These are not some highfalutin waterfront homes. This is, these are not summer homes, these are year round rentals. And you know, they are being used as hotels and they are making, it is more profitable to do it. Do the math, it is very simple. But anyway,thank you. James Spanos MR. SPANOS: Just one more thing, I just wanted to make a suggestion and I didn't realize we can put a sunset provision on the code that you are about to vote on. And what I am hoping you can consider today is tabling the matter, doing the sunset provision not for four years but for one year until next year where we can get a ballot referendum on the ballot to see what people who don't have a voice here or people who don't have an attorney and a small group pushing you guys to vote on something you might not want to. So all the seniors can come out, so every family that we were raised around here, could come out and vote to see what they want. A 30 day, that's what I think it should be. They outlawed short term rental in Southampton Village, they are outlawing it in Manhattan and we are over here bending down because somebody comes, a group comes here with a lawyer, I think we should really think about this, we shouldn't rush into a vote. We should table the matter, put a sunset provision in for a year and put it on the ballot next year. Just to consider and what that gentleman said is happening all over. There's no rentals, the rentals are going up to $3,000. They are not affordable anymore. You want to chase everybody out of here? It's in your hands. SUPERVISOR RUSSELL: Thank you. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Thank you very much. I am sorry I missed the public hearing on this issue but like everybody else, it's been on my mind, I have been thinking about it about it but I think you know, my mind, I have been, Benja Schwartz, Cutchogue. I have a few things to add. First of all, I would like to thank you for what you are planning, I think, to do tonight. Congratulate you on taking an action that will help. The proposed law describes the purposes of the proposed law in two sentences. Finding that transient rentals threaten the residential quality and character of life and decrease the inventory of available long term affordable rentals. I think they are both very true. We have heard enough about that but in addition to that, I think the environmental impacts of short term rentals are not mentioned in the preamble, in the purposes, legislative intent and I think those are key. The entire design of our zoning which initially was Southold Town Board Meeting page 18 August 25, 2015 agricultural and residential combined, it was a really, looked at as a very creative zoning plan for any municipality and was copied by many municipalities. In recent years it hasn't kept up with the times. I think what you are going to do tonight is hopefully going to bring it up to the times but the residential zoning all over town is based on the land area that's required to have a well and a cesspool, you need certain distances between them. When you increase the intensity of the use from the single family ownership and use to rental use, whether it be two week or seasonal or whatever, you're increasing that density. We are also going through a transition of a lot of seasonal houses being transitioned to year round houses. I was the first in my neighborhood. Moved into what was a winter hunting cabin and then became summer residents and then I moved in year round. Since then many other people in my neighborhood have moved around me year round but all these things are increasing the environmental impacts of our residential, limited amount of residential land. They are increasing the demand for our limited supplies of fresh water. And they are aggravating the problems that we are experiencing from excessive nitrogen, from pollution from residential use. The, one other issue, recently there have been a couple of closures of the Great Pond in Southold, one of the few fresh water lakes in Southold I believe. Don't know it that well but in looking into it, it became very clear that when it was closed a few years ago, they pretty much identified the problem as residential use. I believe there's approximately 30 houses around the Great Pond in addition to a camp but of those 30 houses, I think maybe 15 of them are being made available as short term rentals, which greatly increases the environmental impacts of those properties. So I you know, that doesn't just impact those properties, it impacts all the properties around that and the environment of the whole town. I appreciate what you are doing and the way you are doing it and I just hope that the, they will follow through with strict enforcement. Thank you. SUPERVISOR RUSSELL: Thank you, Benj a. Kerry Navarre, Mattituck KERRY NAVARRE: You know, I have been going to all of these meetings. Kerry Navarre, Mattituck. The one thing I find that all these rentals have in common is that they have no respect for the Town of Southold, for the founders of this community, for any zoning laws in this community or any existing residents or businesses that do comply with the existing zoning laws. What you have going on here is a group of people that are nudging you. They keep chipping away at the fabric of this community. It's a nudge here, it's whether it should be no locals law where they don't want to rent, they violate fair housing codes and I just hope you realize, don't be taken by their nudge. You don't have to agree to their push. This is a push, it's a constant push, it's constant pressure and they can call them the heartbreak stories and all this other stuff but don't be fooled by this emotion. It's, they have no respect for the zoning laws, the County of Suffolk occupancy tax, State of New York sales tax. No one here mentions that they don't pay any of these taxes that they are required by law. That's again, they are breaking the law in the first place. It kind of reminds me of a story, something that happened in my life when I was a little kid, we had summer houses in South Jamesport, along Peconic Bay Boulevard, right across from the potato farm and we were 14 houses on a lane and four of them were owner occupied houses. The rest were rental houses and towards the end of, when the crops start getting harvested, the end of the summer, it seemed like all the people would go and steal potatoes out of the potato farm. And I was a little kid, like five years old, in 1962, 63. There were 200 acres of potatoes. And I wanted to go take the potatoes and my dad said you can't do that, that's not Southold Town Board Meeting page 19 August 25, 2015 yours, that's not your property. And I said but Dad, nobody is around, everybody is doing it. Why can't I take the potatoes? This neighbor is doing it, that neighbor is doing it. They are always doing it. He said that's not your potatoes, it's that man's potatoes and it's wrong. Another analogy is the baymen, he puts his nets out, tries to get his crabs or whatever it is, nobody is around, you go there, steal the fish, take the crabs out. It doesn't make it right and this is the same thing happening here in this town, is that you have got a group of people that have come here, they have loved this place for all the great qualities what everybody else likes but now they want to break the rules. And it's because they are not being enforced or they are not getting caught or you know, the neighbor is doing it and this neighbor is doing it but it seems to be that that's okay because there's nobody watching and you can get away with it. And it still comes down to the bottom line, they are stealing and they are breaking the laws. Whether or not they are getting caught, that's a different issue. So I always ask again, you need at least a minimum of 30 days, that is the law in New York State on a short term rental. Anything less than that, they are into the hotel/motel business. And this is stealing from hotels and motels and they may think it's very innocent and some people think that there are an endless supply of tourists that come here, well, they might come here on Friday and Saturday but you have got another five days a week that you are going to have to struggle to fill up these rooms because your customers are being stolen by these rentals and this rental issue is nothing new, it's been going on at least eight years that we're severely affected resort properties and this goes all over. And as far as what East Hampton town does, what Riverhead does, I am sure some of you are familiar with their local politics. The people in those communities envy Southold Town, Southold Towns the only Board that does listen and make a decision after getting input from the public. Those other communities, make a decision, have a public hearing, don't listen to it and they usually end up in litigation for years and years and years. So, don't be nudged, don't be pushed to make a decision. The bit about not being able to control your tenants, my advice to you is don't get into the business. If you can't get an attorney that can write a no sub lease clause then get a different attorney or don't get into the business because everything that you can imagine a tenant is going to try to pull on you and it's not the town's part to enforce it and when you have got to go and try to throw that person out and you got to go to court and it takes you three months to get that person out or six months or a year, now all you neighbors have to deal with that nonsense because you made a mistake by renting and if you are not equipped or inexperienced, then go and get experience somewhere else, don't make your mistakes here. That's it. I just ask that you take your time and don't be nudged because that's what we got here, is a batch of nudgers. Thank you. SUPERVISOR RUSSELL: Sir, you can go and then I am going to have to go to the agenda, so this is going to be the last speaker until the end of the agenda. Salem Katsh, Orient MR. KATSH: Well, I agree with the gentleman on one thing. You shouldn't be nudged, there's no urgency, the season is almost over. You really have not looked at the data as far as I can tell, there's speculation on how many renters, how many will be in two years, three years, four years, five years. You don't have data and anecdotes at King Kullen or otherwise doesn't cut it. Now, if you listen to the hearings that have been held on this subject, you are not going to hear people worried about so called quality of life, you are going to hear anger, you are going to hear conspiracy theories about baymen, about beach violations, about people from Brooklyn. You are Southold Town Board Meeting page 20 August 25, 2015 going to hear raw xenophobia and that, you want to say it's not a witch hunt, it is a witch hunt. The people who want this are screaming at you, I don't know exactly why but I know what a code word is, I am a student of constitutional history. I know what code words are. Code words are used to bury a true motive, as separate but equal, oh, that's great, everybody's equal. Or vote id laws to prevent fraud. Oh, we have to prevent fraud so we enact a, you know, laws on pole tax. That's what you are doing and the evidence is you don't want to increase the noise regulations or better them, if it's the decibel noise is too high, if there are other problems of regular zoning, fix it. People stealing potatoes, fix it. Get more enforcement people. Now, let me explain to you one example of how the enforcement on this is never going to be able to work. Your proposal has a presumption that if something is advertised on one of the short term rental websites, then the town enforcement officer can be presented with that evidence and it raises a rebuttable presumption that an illegal short term rental is being attempted. Okay, suppose I am representing a client and I tell them to ignore that. The code enforcement officer issues a citation and now we proceed to court, in court that presumption is worthless. There is no presumption in court, the code doesn't say the presumption is admissible in court and it wouldn't be. The town would have to prove by preponderance of evidence that this guy was in fact advertising a short term rental. Not even advertise that he was doing it. The code doesn't prevent advertising. The code prevents doing it. So how are you going to prove that? I mean, how? SUPERVISOR RUSSELL: It's called case... MR. KETSCH: I am a lawyer. I am a very experienced lawyer. SUPERVISOR RUSSELL: It's called case building like any other aspect of the code. And that's the starting point? MR. KATSH: Who's going to prove it? What army of lawyers do you have.... SUPERVISOR RUSSELL: No, no, let's.... MR. KATSH: You don't have a presumption. SUPERVISOR RUSSELL: Let's have debate come right to the Town Board, okay? MR. KATSH: You don't have a presumption in court. It will be the town's burden and I don't know where you are going to hire these lawyers from, for how many cases, what are you going to bring, two cases? These are expensive. I know. And I don't think you can afford it. Anyway, that's one example of where this law falls short. I've said what, no respect, that's another way of saying we don't want these people. The undesirables, the foreigners, the outsiders. We all know that that's what's going on and a court will, too, because of the records you have made of these hearings. Nobody comes in and says, gee, you know, my quality of life is really being upset by somebody who is renting their house down the street, I haven't heard that. I have heard my quality of life is being upset because they are parking illegally, because they are doing flashlights at 2:00 in the morning, because they are making noise. That I have heard. And then I've heard them tell me who these people allegedly are. So, thank you, I want Southold Town Board Meeting page 21 August 25, 2015 to say by the way that your patience in listening to everybody is outstanding and really should be applauded. Supervisor Russell SUPERVISOR RUSSELL: We are going to get some business done, the agenda. Louisa had to catch the ferry back to Fishers Island. V. Resolutions 2015-741 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 25,2015. ✓Vote Record-Resolution RES-2015-741 El Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Aye No/Nay ! Abstain Absent ❑ Tabled - ❑ Withdrawn Robert Ghosio Voter 0 0 1 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover Q 0 i ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ i ❑ Excused ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-742 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, September 8, 2015 at the Southold Town Hall, Southold, New York at 7:30 P. M. ✓Vote Record-Resolution RES-2015-742 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 21 0 ❑ ❑ Southold Town Board Meeting page 22 August 25, 2015 ❑_Tabled William P Ruland Seconder RI ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover ll 0 0 ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 0 ❑ Excused ❑ Tax Receiver's Appt Scott A Russell Voter l l 0 0 0 ❑ Rescinded ❑ Town Clerk's Appt - ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-759 CATEGORY: Employment-Town DEPARTMENT: Accounting Establish a Rate for Part Time Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby establishes the following hourly rate for Part Time Code Enforcement Officer: 2015 $27.2110 2016 $27.7552 ✓Vote Record-Resolution RES-2015-759 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay , Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ll 0 ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Mover El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter ❑ ❑ 0 ❑ Rescinded Jill Doherty Seconder RI ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ 0 Excused ❑ Supt Hgwys Appt Scott A Russell ' Voter 0 0 ❑ ❑ ❑ No Action ❑ Lost 2015-740 Tabled 8/11/2015 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL - Transient Rentals Southold Town Board Meeting page 23 August 25, 2015 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 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, Southold Town Board Meeting page 24 August 25, 2015 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 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. Southold Town Board Meeting page 25 August 25, 2015 G. Quarries. H. Storage of petroleum products.Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks,pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public , nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §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. Southold Town Board Meeting page 26 August 25, 2015 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2015-740 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye ' No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ll ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr ; Voter ll 0 ❑ 0 ❑ Tax Receiver's Appt William P.Ruland Seconder El 0 0 0 ❑ Rescmded Jill Doherty Mover 0 0 3 0 0 0 Town Clerk's Appt Louisa P Evans Voter 0 0 0 Excused ❑ Supt Hgwys Appt Scott A Russell ' Voter lJ ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-743 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Authorize Payment to Flory Cardinale/Notice of Claim Settlement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of$571.42 to Flory A. Cardinale for property damage stemming from an incident on May 26, 2015, subject to the approval of the Town Attorney. I Vote Record-Resolution RES-2015-743 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Mover El 0 ❑ ❑ ❑ Rescmded Jill Doherty Voter El 0 ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ 0 Excused ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 ❑ ❑ No Action ❑ Lost Southold Town Board Meeting page 27 August 25, 2015 2015-744 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Authorize Payment to Robert Ingram/Notice of Claim Settlement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of$328.73 to Robert Ingram for property damage stemming from an incident on June 29, 2015, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-744 ll Adopted ❑ Adopted as Amended ❑ Defeated _ _ -_.- -- --------_-..___ __._._ __.______________ ._ __ Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio , Mover ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter ❑ 0 ❑ ❑ Tax Receiver's Appt William P Ruland Seconder EI ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter lEt ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ 0 E 0 Excused 0 Supt Hgwys Appt Scott A Russell Voter l ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-745 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lieutenant James Ginas and Sergeant Richard Perkins to attend a seminar on Impact Training in Saratoga Springs,NY, from September 14th through the 16th,2015. All expenses for hotel, meals and travel to be a legal charge to the 2015 budget (meetings and seminars) A.3120.4.600.225 ✓Vote Record-Resolution RES-2015-745 21 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter D ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Mover 0 0 0 ❑ Tabled William P Ruland Voter ❑✓ ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder 121 ❑ 0 0 ❑ Supervisor's Appt Louisa P Evans Voter 0 0 0 Excused Southold Town Board Meeting page 28 August 25, 2015 ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt O Supt Hgwys Appt ❑ No Action ❑ Lost 2015-746 CATEGORY: Employment-Town DEPARTMENT: Accounting Accepts Resignation of Thomas Nielsen RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Thomas Nielsen from the position of Part Time Home Health Aide for the Human Resource Center, effective August 14, 2015. ✓Vote Record-Resolution RES-2015-746 El Adopted O Adopted as Amended ❑ Defeated _._ _ _ _ _ _______ Yes/Aye No/Nay ; Abstain Absent O Tabled Robert Ghosio Voter El 0 t 0 0 0 Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter Q 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El 0 0 0 ❑ Rescinded Jill Doherty Mover El 0 0 0 0 Town Clerk's Appt Louisa P Evans Voter 0 0 0 Excused ❑ Supt Hgwys Appt Scott A Russell Voter RI 0 0 ❑ ❑ No Action ❑ Lost 2015-747 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2015 FIFD Budget Mod Financial Impact: to cover over-expended budget lines RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated August 14, 2015, which amended the 2015 Fishers Island Ferry District budget. Southold Town Board Meeting page 29 August 25, 2015 ✓Vote Record-Resolution RES-2015-747 El Adopted ❑ Adopted as Amended ❑ Defeated " " Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El 0 ❑ ❑ 0 Town Clerk's Appt Louisa P Evans Voter 0 0 0 Excused ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost 2015-748 CATEGORY: Performance Bond DEPARTMENT: Planning Board Accept Subdivision Performance Bond Cutchogue Business Center(F&S LLC) RESOLVED that the Town Board of the Town of Southold hereby accepts Subdivision Performance Bond#09180383 issued by Fidelity and Deposit Company of Maryland in the amount of$189,825.00 for the proposed Standard Subdivision entitled"Cutchogue Business Center (F&S, LLC)", SCTM#1000-83-3-4.6, located at 12820 Oregon Road, on the corner of Cox Lane & Oregon Road, Cutchogue, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-748 El Adopted ❑ Adopted as Amended ❑ Defeated - - " " "" Yes/Aye No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn Robert Ghosio Mover CQ 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 0 0 El ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 ❑ Excused ❑ Supt Hgwys Appt Scott A.Russell Voter 0 0 0 0 ❑ No Action ❑ Lost 2015-749 Southold Town Board Meeting page 30 August 25, 2015 CATEGORY: Employment-FIFD DEPARTMENT: Accounting FIFD Memorandum of Agreement with CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted August 14, 2015 that ratifies and approves the 2015-2017 memorandum of agreement with the CSEA. I Vote Record-Resolution RES-2015-749 _ ll Adopted ❑ Adopted as Amended Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter Lel ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Mover 0 0 0 0 LI Tax Receiver's Appt William P.Ruland Voter El 0 0 ❑ ❑ Rescinded Jill Doherty Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ 0 Excused ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 0 ❑ No Action ❑ Lost 2015-750 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 Southold Yacht Club 6/16/15 PO Box 546 Southold,NY 11971 The Old Town Arts Crafts Guild 7/31/15 Southold Town Board Meeting page 31 August 25, 2015 PO Box 392 Cutchogue,NY 11935 ✓Vote Record-Resolution RES-2015-750 0 Adopted ❑ Adopted as Amended ❑ Defeated -` -"" ' - a" Yes/Aye No/Nay Abstain Absent ❑ Tabled _ o Withdrawn Robert Ghosio Voter ' 0 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder 0 0 0 0 0 Rescinded Jill Doherty Mover 0 0 0 0 ❑ Town Clerk's Appt Louisa P.Evans Voter 0 0 0 Excused ❑ Supt Hgwys Appt Scott A Russell Voter ; 0 ❑ ❑ 0 ❑ No Action ❑ Lost 2015-751 CATEGORY: Property Usage DEPARTMENT: Town Clerk Special Trailer Permit RESOLVED that the Town Board of the Town of Southold hereby grants approval of a special trailer permit application of Glover Perennials, 725 Sterling Lane, Cutchogue,New York 11935 for a period of six (6)months from date of issuance to locate a second trailer for agricultural purposes on property located at 725 Sterling Lane, Cutchogue,New York 11935 SCTM#1000-96-5-13 to be used solely for the purpose of office space for the farm office staff. I Vote Record-Resolution RES-2015-751 O Adopted ❑ Adopted as Amended ❑ Defeated - ' '- - Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ ❑ Withdrawn Robert Ghosio Seconder E ❑ 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 0 0 0 ❑ Tax Receiver's Appt William P Ruland Mover 0 ❑ ❑ ❑ 0 Rescinded Jill Doherty Voter 0 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter ' 0 0 0 Excused ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ 0 0 ❑ No Action O Lost Southold Town Board Meeting page 32 August 25, 2015 2015-752 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modifications Financial Impact- Increase mpactIncrease authorization(s)for exhaust system repairs on Chevy Silverado; hydraulic hose replacement on Volvo loader; 2 new tires for CAT 966. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste Management District budget as follows: From: SR 8160.4.100.200 Diesel Fuel $5,400 Total $5,400 To: SR 8160.4.100.525 Payloader/Truck Tires $3,000 SR 8160.4.100.552 Maint/Supply Volvo Loader 400 SR 8160.4.100.625 Maint/Supply Chevy Pickup 2,000 Total $5,400 ✓Vote Record-Resolution RES-2015-752 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye , No/Nay j Abstain Absent ❑ Tabled _ _ _ ❑ Withdrawn Robert Ghosio Mover , El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio0 Jr Voter El ❑ j ❑ 0 Tax Receiver's Appt William P Ruland Seconder El 0 ❑ 0 ❑ Rescinded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter 0 , 0 0 Excused ❑ Supt Hgwys Appt Scott A Russell Voter El , ❑ 0 0 ❑ No Action ❑ Lost 2015-753 CATEGORY: Contracts, Lease&Agreements DEPARTMENT: Planning Board Open Space Conservation Easement Aries Estates (Tully) RESOLVED that the Town Board of the Town of Southold hereby accepts the "Open Space Conservation Easement" for the Standard Clustered Subdivision of Aries Estates (Tully), SCTM#1000-22-3-2 and hereby authorizes Supervisor Scott A. Russell to execute the easement Southold Town Board Meeting page 33 August 25, 2015 documents in connection therewith, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-753 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled _ ❑ Withdrawn Robert Ghosio Voter El 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Mover El 0 1 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter ' El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ Excused ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-754 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Temporary Marriage Officer 'RESOLVED the Town Board of the Town of Southold hereby appoints Robert I. Scott, Jr. as a Temporary Marriage Officer for the Town of Southold, on Sunday,November 8, 2015 only, to serve at no compensation. ✓Vote Record-Resolution RES-2015-754 El Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled CI Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dim=Jr , Voter El ❑ ❑ 1:1 ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover , El El 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ Excused ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 0 El No Action ❑ Lost • 2015-755 CATEGORY: Budget Modification DEPARTMENT: Accounting • Southold Town Board Meeting page 34 August 25, 2015 Budget Modification for Highway Septic System Financial Impact: Allocate capital fiords allocated for salt storage building to a new project for testing, abandonment and replacement of the non-conforming block cesspool encountered at the Highway yard during construction of the new fueling facility WHEREAS the Town Board of the Town of Southold has determined that the appropriation included in the 2015 Capital Budget for a salt storage building at the Highway yard should be used for the testing, abandonment and replacement of the non-conforming block cesspool encountered during construction of the new fueling facility at the Highway yard, 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: Highway Septic System Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.14 Interfund Transfers $35,000 Total $35,000 Appropriations: H.1620.2.300.750 Buildings & Grounds Capital Outlay Highway Septic System $35,000 Total $35,000 ✓Vote Record-Resolution RES-2015-755 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Robert Ghosio Seconder El ❑ 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover El 0 0 0 ❑ Rescinded Jill Doherty Voter El 0 0 ❑ ❑ Town Clerk's Appt Louisa P.Evans ' Voter 0 ❑ ❑ Excused ❑ Supt Hgwys Appt Scott A Russell , Voter El 0 0 ❑ ❑ No Action O Lost 2015-756 Southold Town Board Meeting page 35 August 25, 2015 CATEGORY: Advertise DEPARTMENT: Human Resource Center Permission to Advertise for PT Mini Bus Driver at the HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of part time Mini Bus Driver for the Human Resource Center. ✓Vote Record-Resolution RES-2015-756 ll Adopted O A- dopted as Amended - -- -- -- --- - -- ---- ❑ D- efeated Yes/Aye No/Nay ( Abstain Absent ❑ Tabled - - ll ❑ Withdrawn Robert Ghosio ' Mover ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr , Voter 0 0 0 0 ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ i ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ 0 Excused ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 j 0 0 ❑ No Action ❑ Lost 2015-757 CATEGORY: Employment-Town DEPARTMENT: Accounting Resignation of Employee RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Lynne Krauza from the position of Confidential Secretary to the Town Attorney effective September 4, 2015. ✓Vote Record-Resolution RES-2015-757 El Adopted O Adopted as Amended ❑ Defeated - Yes/Aye No/Nay E Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ' El 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Mover El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter El 0 ❑ ❑ ❑ Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 0 Excused ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost Southold Town Board Meeting page 36 August 25, 2015 2015-758 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Bid for Generator for Police Department RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the removal of old Generator at Southold Town Police Headquarters and furnish and install a new generator. ✓Vote Record-Resolution RES-2015-758 El Adopted ❑ Adopted as Amended ❑ DefeatedYes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn Robert Ghosio Voter El 0 ❑ ❑ James Dinizio Jr Voter ❑✓ ❑ ❑ ❑ ❑ Supervisor's Appt - ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ 0 ❑ Doherty Jill Mover D 0 ❑ Rescinded ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ Excused o Supt Hgwys Appt Scott A Russell Voter El 0 0 ❑ ❑ No Action ❑ Lost 2015-760 CATEGORY: Budget Modification DEPARTMENT: Police Dept PD-Budget Modification Financial Impact: Donation of the Mattituck Lions Club for the purchase of a new traffic survey system RESOLVED that the Town Board of the Town of Southold hereby increases the 2015 General Whole Town Fund budget as follows: Revenues: A.2705.40 Gifts &Donations $4,231 Total $4,231 Appropriations: A.3120.2.500.300 Police/Other Equipment/Radar $4,231 Southold Town Board Meeting page 37 August 25, 2015 Total $4,231 ✓Vote Record-Resolution RES-2015-760 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye , No/Nay i Abstain Absent ❑ Tabled El Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover El 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter El ; ❑ 1 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ I ❑ Excused ❑ Supt Hgwys Appt Scott A Russell Voter El j 0 0 ❑ No Action ❑ Lost Comment regarding resolution 760 COUNCILMAN DINIZIO: Can I just make a comment because I think we should say, the donation of the Mattituck Lions made this possible. Part of the proceeds from their Strawberry Festival and I thought that was a really good thing of them to do. SUPERVISOR RUSSELL: Yes, Jim. And to clarify for what it is, we get a lot of complaints for speeding in Southold Town,this is a remote, computer generated device, it is going to capture all the data with regard to vehicle use, it is going to record all the speeds that go by and that way we can identify those areas where speeding really is a problem. Yes, it's a computer that mounts on a telephone pole, captures all the data. 2015-761 CATEGORY: Grants DEPARTMENT: Engineering Submit Grant Application -Constructed Wetlands RESOLVED that the Town Board of the Town of Southold hereby authorizes the Engineering Department to submit a grant application to the Suffolk County Water Quality Protection and Restoration Program requesting a grant for$40,000, of which$20,000 will be the Town's contribution, for the design, construction and testing of a constructed wetlands wastewater treatment system at Jean W. Cochran Park in Peconic. ✓Vote Record-Resolution RES-2015-761 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Mover El ❑ El 0 ❑ Defeated James Dinizio Jr Voter El 0 0 ❑ ❑ Tabled William P Ruland Seconder El ❑ 0 0 ❑ Withdrawn Jill Doherty Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 0 0 Excused Southold Town Board Meeting page 38 August 25, 2015 o Tax Receiver's Appt Scott A Russell Voter El 0 0 0 ❑ Rescinded O Town Clerk's Appt ❑ Supt Hgwys Appt O No Action O Lost 2015-762 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Underground Camera System Financial Impact: Scott wants a budget created for the purchase of an underground camera system for inspecting stormwater infrastructure. He stated that it should come from unallocated contingencies. The budget should be established for$16,000, $10,000 of which will be reimbursable to the Town as part of NYDOS grant contract#C1000259-Southold Watershed and Sewershed Mapping. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: Increase Revenues: A.3089.80 Department of State Grant $10,000 Decrease Appropriations: A.1990.4.100.100 Unallocated Contingencies 6,000 Totals $16,000 Increase Appropriations: A.1440.2.100.100 Engineer, Field Equipment $16,000 Total $16,000 ✓Vote Record-Resolution RES-2015-762 El Adopted ❑ Adopted as Amended ❑ Defeated - - Yes/Aye No/Nay 1 Abstain Absent ❑ Tabled - ❑ Withdrawn Robert Ghosio Voter El 0 ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Mover El 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El 0 0 ❑ o Rescinded Jill Doherty Seconder; 0 ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter , 0 ❑ ❑ Excused ❑ Supt Hgwys Appt Scott A.Russell Voter p 0 El 0 O No Action O Lost Southold Town Board Meeting page 39 August 25, 2015 2015-763 CATEGORY: Authorize to Bid DEPARTMENT: Engineering Underground Camera Equipment Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of an underground camera system to be utilized for the location and assessment of underground stormwater infrastructure. ✓Vote Record-Resolution RES-2015-763 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled __,____�__ Robert Ghosio ; Voter ❑ _ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter ❑ i ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder 21 0 0 0 ❑ Rescinded Jill Doherty Mover ❑ ! ❑ ❑ 0 Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ Excused ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ 0 0 ❑ No Action ❑ Lost 2015-764 CATEGORY: Advertise DEPARTMENT: Town Attorney Request to Advertise for PT Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of PT Code Enforcement Officer for the Town Attorney's Office at a rate of$27.2110 per hour. I Vote Record-Resolution RES-2015-764 El Adopted Yes/Aye No/Nay Abstain Absent O Adopted as Amended .._. ___ _ ❑ Defeated - Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Tabled James Dmtzio Jr Voter El 0 0 0 ❑ Withdrawn William P Ruland Mover ❑ 0 0 ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ 0 Tax Receiver's Appt Louisa P Evans Voter ❑ 0 0 Excused O Rescinded Scott A Russell Voter 0 0 0 0 Southold Town Board Meeting page 40 August 25, 2015 ❑ Town Clerk's Appt Il ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-765 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Support Letter to MTA for Greenport Freight House RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to send a letter on behalf of the Town to the Metropolitan Transportation Authority in support of efforts of the Railroad Museum of Long Island to obtain a direct lease with the MTA/LIRR for the property known as the Greenport Freight House. ✓Vote Record-Resolution RES-2015-765 _ EI Adopted ❑ Adopted as Amended ❑ Defeated ___ " _-__" _"_ _ _" " Yes/Aye No/Nay ! Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover �El _ ❑ I ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ I ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder El 0 0 0 ❑ Rescinded Jill Doherty Voter El ❑ ? 0 0 ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ 0 0 Excused ❑ Supt Hgwys Appt Scott A Russell Voter El 0 I 0 0 ❑ No Action 0 Lost VI. Public Hearings None Closing Statements Supervisor Russell SUPERVISOR RUSSELL: Before we go to the open comments, I just want everybody to understand that what we heard tonight epitomizes the position that the Town Board is in. If we don't listen to the public, we are unresponsive and arrogant, if we listen to the public, we are caving in to a bunch of people. That's, it's a tough spot to be in and I don't think either is true. At any rate, with that said, by all means. Southold Town Board Meeting page 41 August 25, 2015 Robert Dunn,Peconic ROBERT DUNN: Just to clarify about 748, that was a performance bond? I guess somebody else is going to put a business park behind the industrial park? SUPERVISOR RUSSELL: Yes, that would be for a site plan I believe. MR. DUNN: Okay. It's not specifically about this, my question is, do you do traffic studies? Serious traffic study of impact before these things go forward? SUPERVISOR RUSSELL: They are part of the SEQRA review, so traffic would be one of those issues that would be raised as part of the SEQRA review. MR. DUNN: I mean, like you know, there's nothing you can do now. The guy who is doing the recycle plant in the industrial park, I don't know, did anybody really know how much is going to come out of there? SUPERVISOR RUSSELL: That was given to an independent consultant who evaluated traffic among all environmental impacts. MR. DUNN: You add that on top of the Trinity trucks that are carrying our own waste, there's a lot of traffic being generated there and you say, well, you want jobs and all that, well, where are the jobs. Those guys probably can't even afford to live in the town anymore and what's the payoff there if you are going to repair roads because a lot of those guys end up on 48, sorry on the back road, 58 and part of its ours, part of its Riverhead. Riverhead had to repair a whole section of it this winter. Those roads are country roads, they are not made for huge traffic and what's the payoff and what's the loss? And I am not talking against this project but just that we have got to go into this with our eyes open. SUPERVISOR RUSSELL: I would agree. Obviously you can't unring that bell but the traffic study that was done... MR. DUNN: I am not suggesting that you do... SUPERVISOR RUSSELL: No, I know. MR. DUNN: Or penalize them or anything but going forward if you are going to allow this kind of stuff and we think it's good for the town, is it good for the town? SUPERVISOR RUSSELL: Right but just to understand, the traffic study evaluated the fact that that traffic was already on the road but rather than coming from the town transfer station, it's going to its own transfer station. The traffic that is being produced is traffic that's going to be brought there and then hauled out anyway, it's just now through a private carter rather than a town... Southold Town Board Meeting page 42 August 25, 2015 MR. DUNN: I have got to tell you that and I think Mr. Ruland was given the same gut feeling, the Trinity trucks leaving our town dump which is non-compacted waste is a lot lighter than the trucks that are coming out of there with 15 or 20 of those green bags that are fully compacted. The weight on them is a whole world of difference than the Trinity trucks which are just dump trucks loaded by a payloader or just loose garbage. And those guys are recycling, they are separating very finely, heavy stuff is going here, metal is going there, it's a whole different world and I am not being critical of them. They asked to do their stuff, they met whatever hurdles you put before them and they are operating and they have got a right to continue to operate as long as they want to but are we looking towards the future and the costs? I mean, I think when 48, when 48 was finished there, they were expecting to ultimately connect it to the expressway and that ain't gonna happen. So it is going to go on that little tiny North Road there and Sound Avenue and that road just not made for it, so we are going to pay a price for that and you ought to go in with our eyes wide open. SUPERVISOR RUSSELL: Point well taken. I didn't even stop to consider it from that perspective. That would be, our garbage? It goes to Govanta in Babylon and our recyclables go to Brookhaven in an inter-municipal agreement. UNIDENTIFIED: Inaudible. COUNCILMAN RULAND: Might be a viable alternate if we had a railroad. All we have are tracks. COUNCILMAN DINIZIO: I would like to say this, Robert, we zoned that to attract that type of business in that area, you know, it was all considered and you know, I saw a truck coming from Riverhead go in there, to that location, the other day. So I get that there's probably more traffic than we may have anticipated but we have some responsibility in that and on that road, we have some responsibility to upkeep that so you know, we can have the jobs that it brings. I mean, it brings jobs no matter what. The guy who is driving the truck is making money, he has got to be living around here somewhere and that particular area,just that area was the worst case of what you could have in Southold Town. That's where we put it. MR. DUNN: But if a guy is driving a truck who lives in Patchogue, it does nothing for our town. COUNCILMAN DINIZIO: yeah but that's not the point though, Robert. MR. DUNN: And if I have got to pay taxes to repair the road... COUNCILMAN DINIZIO: That's not the point, look, the roads are for the public to use. The roads are for commerce as much as any joe shmoe who wants to drive on them and you know, the towns and the counties and the states all have a responsibility to ensure those roads are safe. We can't just keep people off the road because this business is going to cause... Southold Town Board Meeting page 43 August 25, 2015 MR. DUNN: I am not suggesting you keep people off the road, I am suggesting as we move forward with these concepts, we be aware of what the ultimate cost it's going to be and what's the payback? COUNCILMAN DINIZIO: I don't think you need to consider that. MR. DUNN: Are we creating a beast in our community that's going to cost us money? SUPERVISOR RUSSELL: A good SEQRA process should have been able to identify that because traffic is part of a SEQRA process. It's been a few years since we have dealt with the consultants findings but I will say your point is well-taken. Well-taken. Would anybody else like to address the Town Board? Benja Schwartz BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I will be brief, been having quite a drought lately, we need some rain. We are still having a flooding situation on Fleetwood Road, down the street from me. I was away for a few days and I see a bi'g lake in the middle of the road, so I said to my wife was it raining? No. Well, the water is coming from sprinkler systems, the new houses put in,they are not just watering their lawns, they are watering the roads and we have a low spot in that road that's a problem. I believe there are laws against dumping water into the road and I could tell you when those sprinkler systems are operating in the middle of the night if you want to come down and look at them. Just why people have to use their property but I was also thinking about heading over to the building department and talking to them about how come their permitting these new residences to be constructed where the properties are often properties that weren't built on originally because they were too steep so now the driveways are put in on a slope. There's one on Pequash that put up one they call a pig snout, garage in front of the house instead of front door. You come first to the garage and then there's a driveway that they just paved that is going to drain right down into the middle of the intersection, the middle of Pequash where we always have a problem when it rains. So in terms of some of these development applications, an application by Harold Reeve and sons in Mattituck that involves a dual application that was filed, there's one application for rezoning and a subdivision and then apparently the applicant decided they didn't want to pursue the rezoning until the subdivision was complete and it seems like the town was going along with that but I haven't heard any real expression of intent from the Town Board whether they officially agreed to consider a rezoning, is there any kind of time limit on the rezoning application or is it just up to the applicant whether they want to put it on hold for a year or two and then.... TOWN ATTORNEY DUFFY: We have not received a complete application for the change of zone so we can't act on the change of zone application. The planning process, the subdivision at the Planning Board has been stopped because it's a, it would be a segmented SEQRA review if it went forward any proposed change of zone and subdivision would have to be a combined SEQRA study with Town Board assuming lead agency but since we don't have a complete application, we can't proceed so this stalled because of their own doing. MR. SCHWARTZ: Sounds good. You know, I am not against development but sometimes these developers like these people in Cutchogue that want to build that think behind the post Southold Town Board Meeting page 44 August 25, 2015 office, the 124 houses in what was zoned for high density I think in an attempt to make an area where we could have affordable houses, smaller houses, but instead they are going to cram in 100 some odd huge houses to maximize their profit rather than provide any benefit to the community, I don't think anybody but the applicant can petition the town for a rezoning of that property but the Town Board could take initiative to consider such a thing. Anyway, that application is proceeding and there is a public hearing scheduled at which my understanding is the Planning Board will be presenting an outline of what the process will be in that particular case which is not an ordinary case considering the fact that there was a stipulation of adjournment of litigation in contemplation of settlement of the litigation but the litigation has not been settled and will not be settled until there is an approval that has been accepted by the developer. But the town has agreed to go forward with processing of the application and to do that under some conditions and in a certain manner that it's hard to really understand how it's going to work yet but I look forward to that presentation by the Planning Board and I hope that there will be some members of the Town Board attending especially considering that the Town Board was a party to the agreement which is now affecting the way that application is going to be processed by the Planning Board. So even though the property at this point, the zoning has been frozen by that agreement, the Town Board has agreed not to change the zoning, I think the Town Board is still a participant in processing that application and I would hope that they will be at that meeting as well as anybody who is concerned about the future of Southold Town. I think to come and listen to the presentation as to how the town will consider approving and permitting what would be one of if not the largest high density residential development in the Town of Southold, how that is going to work considering the availability of public water has not been ascertained yet and the treatment of sewage disposal has not been determined yet and yet the town has agreed not to raise or oppose any proposed means of sewage treatment or any proposed use of public water, well, the town can agree to that on behalf of the town officials, the Town Board and the Planning Board have the right but they can't agree to that on behalf of the towns people. So I believe it will be the first step in a SEQRA process that has been pending in one form or another for over 30 years but that was stalled in 2009 and now is resuming. It will be a very interesting meeting that is going to be right here on Monday August 31 at 6:00 PM. So I look forward to that, I hope I will see you there, too. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Benja. 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 6:08 P.M. / ,j/ (1 Eli,. ,eth A.Neville Southold Town Clerk Southold Town Board Meeting page 45 August 25, 201,5 RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Russell EXCUSED: Louisa P. Evans