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HomeMy WebLinkAboutAG-06/19/2018 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD June 19, 2018 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 PM Meeting called to order on June 19, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman James Dinizio Jr    Councilman William P. Ruland    Councilwoman Jill Doherty    Councilman Robert Ghosio    Justice Louisa P. Evans    Supervisor Scott A. Russell    Southold Town Meeting Agenda - June 19, 2018 Page 2 I. REPORTS 1. Planning Department Monthly Report May 2018 2. Justice Court Reports May 2018 3. Department of Solid Waste Monthly Report May 2018 4. Recreation Department Monthly Report May 2018 5. Town Clerk Monthly Report May 2018 II. PUBLIC NOTICE III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Jeff Standish Fishers Island Tennis and Basketball Courts/ Fencing Update and Installation of New Big Belly Trash Receptacles in Southold 2. 9:15 AM - Michael Collins, Jamie Richter. Jeff Standish and Denis Noncarrow ADA Building Renovation Projects 3. 9:30 Am - Jamie Richter Wells Road Drainage Project Status 4. 9:45 AM - Denis Noncarrow with Councilman Ruland Fleet Management Update 5. 10:00 Am - Vincent Orlando Road Resurfacing Update 6. Councilman Ruland Update on Seasonal Traffic Issues 7. Councilwoman Doherty Proposed Rental Code Revisions Southold Town Meeting Agenda - June 19, 2018 Page 3 8. Councilman Ghosio Discussion of Code Changes to Address Aircraft Noise 9. Coastal Erosion Hazard Board of Review Appeal of Southold Sunset Holdings, LLC Follow up from 6/5 Work Session PH 10. Set Public Coastal Erosion Appeal of Southold Sunsets Holdings, LLC History: 06/05/18 Town Board ADJOURNED Next: 06/19/18 11. Amendments to the Fishers Island Enabling Act 12. Proposed Changes to Highway Street Tree Code Chapter 161- Highway Specifications 13. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person(S) Town Attorney re: Code Enforcement 11:30 AM - Councilman Ruland, Denis Noncarrow and Lloyd Reisenberg 14. EXECUTIVE SESSION - Litigation Long Island Power Authority v. Suffolk MINUTES APPROVAL 15. RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, December 19, 2017 16. RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, January 16, 2018 17. RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 06, 2018 18. RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 27, 2018 19. RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, March 14, 2018 PUBLIC HEARINGS 20. PH 6/5 7:32 Pm - LL - Rental Permits History: 06/05/18 Town Board ADJOURNED Next: 06/19/18 V. RESOLUTIONS Southold Town Meeting Agenda - June 19, 2018 Page 4 2018-568 Tabled 6/5/2018 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk ENACT - Local Law Chapter 207 Rental Permits WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 8 day of May, 2018, a Local Law entitled “A Local Law in relation to Rental Permits” and WHEREAS 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 Rental Permits” reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, “A Local Law in relation to Rental Permits” § 207-1 Legislative intent. A. The intent of this chapter is to preserve the aesthetic integrity of our residential neighborhoods, prevent neighborhood blight, protect residential property values, encourage residential property maintenance and enhance the quality of life in our residential neighborhoods. B. This chapter is intended to apply to all dwelling units within the Town of Southold. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and excessive vehicle traffic and parking problems and to overburden municipal services. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety, welfare and good order and governance of the Town will be enhanced by enactment of the regulations Southold Town Meeting Agenda - June 19, 2018 Page 5 set forth in this chapter, which regulations are remedial in nature and effect. The Board also finds that owner occupied dwellings can also fall into disrepair and not be adequately maintained, which has a detrimental effect on neighborhoods. C. Nothing herein shall interpreted to supersede any requirements contained in Chapter 280 or any other chapter of the Town Code of the Town of Southold. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official. DWELLING - A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY - A building, other than a or apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY - A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY - A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT - A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY -The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER - Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. Southold Town Meeting Agenda - June 19, 2018 Page 6 RENT - A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY - The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 207-3 Neighborhood preservation requirements. A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the accumulation of water. Gutters, culverts, catch basins, drain outlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized to prevent damage to any portion of the subject or adjacent properties or any improvements thereupon. B. Steps, walks, driveways, parking areas and other paved areas shall be maintained in good repair. C. Yards shall be kept clean and free of physical hazards and debris. D. All lawns, common areas and recreation areas shall be maintained in a clean and neat condition, and grass shall be cut periodically to restrict growth in excess of 12 inches in total height. No portion of a lawn shall be damaged or destroyed by overuse or by the parking or driving of motor vehicles on such established lawn area. Carpet, tarps, sand or materials that damage or destroy the lawn shall not be placed anywhere upon a front lawn at any time. No portion of any front lawn shall be used for the parking, placement or storage of motor vehicles, trailers, boats or campers. E. Exterior surfaces of any and all dwellings, structures and accessory structures, including but not limited to fences that are not inherently resistant to deterioration, shall be periodically treated with a protective coating of paint or other suitable preservative. All surfaces shall be maintained free of deterioration, including but not limited to broken or missing glass, loose or missing shingles or siding, crumbling brick, stone and mortar and peeling, scaling or deteriorated paint. F. Dwellings, structures and accessory structures shall be maintained so as to be free of conditions detrimental to safety or health. G. Dwellings, structures, accessory structures and property shall be maintained free of vermin, rodent harborage and infestation. Methods used for exterminating vermin and rodents shall conform to Suffolk County Health Department standards. H. Adequate sanitary facilities and methods shall be used for the collection, storage, Southold Town Meeting Agenda - June 19, 2018 Page 7 handling and disposal of garbage and refuse and sewage pursuant to Suffolk County Health Department standards. I. Floors, walls, ceilings and fixtures in residential dwellings shall be maintained in a clean and sanitary condition. J. Dwellings, structures and accessory structures shall be free of partitions or locked internal doors barring access between segregated portions of the building or dwelling unit. K. No bedroom or sleeping quarters shall have interior key locks or dead bolt locked doors servicing said bedroom or sleeping quarters. L. No bedroom shall constitute the only means of access of other bedrooms or habitable spaces, and bedrooms shall not serve as the only means of egress from other habitable spaces. M. Carbon monoxide alarms and detectors shall be installed on every habitable floor of any dwelling, structure or accessory structure with a carbon monoxide source, in accordance with the New York State Uniform Fire Prevention and Building Code and Town Code Chapters 100 and 144. § 207-4 Fees. Rental Permit fees to be set by Town Board resolution. §207-5 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with a functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. §207-6 Inspections. A. No permit shall be issued under any application unless all the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York have been complied with. B. The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, morals and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without consent of the owner, for the purpose of performing his duties under this chapter. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. Southold Town Meeting Agenda - June 19, 2018 Page 8 E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. §207-7 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-8 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B. Entities including, but not limited to, limited-liability companies, corporations, small corporations, partnerships and professional corporations shall have a valid rental permit in effect at any time the dwelling is occupied. C. Application review; inspection of premises. (1) The Code Enforcement Official or his designee shall review each application for completeness and reject incomplete applications. The Code Enforcement Official shall create and approve the application requirements in accordance with this chapter. (2) Inspection report. the owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or (2) provide to the Code Enforcement Official an inspection report, designed and approved by the Code Enforcement Official, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. D. Rental permit requirements. (1) Rental permit applications shall be in writing on a form designed and approved by the Code Enforcement Official and shall include the owner's name, address and telephone number. (2) Rental permits shall also include the maximum number of persons that are allowed to occupy the premises pursuant to this chapter. (3) Rental permits shall contain a description of the unit, including the number of Southold Town Meeting Agenda - June 19, 2018 Page 9 rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included. (4) All applicants must submit a sworn statement that there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Southold local laws or ordinances pertaining to the property. (5) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand the Southold Town Code concerning the restrictions on the number of unrelated persons occupying said residence. (6) All applicants must submit the following documents: (a) An accurate property survey of the premises prepared by a licensed surveyor drawn to scale not greater than 40 feet to one inch, or, if not shown on the survey, a site plan prepared by a licensed surveyor or engineer, drawn to scale, showing all buildings, structures, walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities (b) Copies of all certificates of occupancy and/or pre-certificates of occupancy for all buildings and structures on the property. (c) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Building Division of any change of address submitted pursuant to this section within five business days of any change thereto. (7) Each application shall be executed and sworn to by the owner of the premises. (8) Any additional information required by the Code Enforcement Official. (9) All rental properties containing eight or more rental units shall provide for a designated site manager, who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. E. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal, New York State or Suffolk County guidelines. F. Renewal of rental permits. (1) The Code Enforcement Official shall design and approve a renewal rental permit application form. A renewal rental permit application signed by the owner shall be completed and filed with the Building Department on or 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) A renewal rental permit application shall contain a signed sworn statement setting forth the following: (a) That there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Southold local laws or ordinances pertaining to the property; and Southold Town Meeting Agenda - June 19, 2018 Page 10 (b) That there are no changes to any information as provided on the prior valid rental permit and application. (3) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises on which the same are located to take place pursuant to Subsection C(2) above. (4) The Town of Southold shall not accept, review or approve any renewal rental applications for dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. G. Registered motor vehicle restrictions. (1) Each rental dwelling shall be entitled to have one registered motor vehicle for each legally designated bedroom, as determined by the Code Enforcement Official, as well as one additional registered motor vehicle located thereat. §207-9 Revocation of permit. A. The Code Enforcement Official shall revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. It shall be the broker's or agent's duty to verify the existence of a valid rental permit before acting on behalf of the owner. B. It shall be unlawful and a violation of this chapter to accept a deposit of rent or Southold Town Meeting Agenda - June 19, 2018 Page 11 security, or a commission, in connection with the rental of a rental dwelling unit located within the Town of Southold where no valid rental permit has been issued as required under this chapter. C. In the event that a person convicted of a violation of this section shall have been a real estate broker or salesperson licensed by the State of New York, at the time such violation was committed, the Town Clerk shall transmit a record of such conviction to the Division of Licensing Services of the Department of State and make complaint thereto against such licensee on behalf of the Town of Southold, pursuant to the provisions of Article 12-A of the Real Property Law. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and § 10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. This chapter shall be effective upon filing with the Secretary of State, whichever is later. No violation of this chapter will be charged prior to October 1, 2018. II. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. III. Effective Date. This local law shall take effect upon filing with the Secretary of State.  Vote Record - Resolution RES-2018-568 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated William P. Ruland     Tabled  Jill Doherty Withdrawn      Southold Town Meeting Agenda - June 19, 2018 Page 12 Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt No Action  Lost  2018-569 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 19, 2018.  Vote Record - Resolution RES-2018-569 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-570 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, July 3, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 7:30 P. M..  Vote Record - Resolution RES-2018-570 Adopted  Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - June 19, 2018 Page 13 Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland      Tabled Jill Doherty      Withdrawn  Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action   Lost 2018-571 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Advertise for Lubricant Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for supplying Automotive and Equipment Lubricants and Fluids for a period of one (1) year from the acceptance of the bid.  Vote Record - Resolution RES-2018-571 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-572 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Lloyd Kalin Southold Town Meeting Agenda - June 19, 2018 Page 14 WHEREAS, the Town of Southold has received notification via U.S. Mail on June 5, 2018 from the NYS Retirement System concerning the retirement of Lloyd Kalin effective June 30, 2018 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Lloyd Kalin from the position of Highway Labor Crew Leader for the Highway Department, effective June 30, 2018.  Vote Record - Resolution RES-2018-572 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-573 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution 2018-559-Planning Board Appointment RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2018- 559 adopted on June 5, 2018 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Mary Eisenstein to the position of Member of the Planning Board effective June 5, 2018 through December 31, 2018.  Vote Record - Resolution RES-2018-573 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended  Defeated James Dinizio Jr     Tabled  William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio Tax Receiver's Appt      Rescinded  Louisa P. Evans     Town Clerk's Appt  Southold Town Meeting Agenda - June 19, 2018 Page 15 Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-574 CATEGORY: Employment - Town DEPARTMENT: Accounting Amends Resolution 2018-560-Zoning Board of Appeals Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Robert W. Lehnert, Jr. to the position of Zoning Board of Appeals effective June 5, 2018 through December 31, 2022.  Vote Record - Resolution RES-2018-574 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-575 CATEGORY: Affordable Housing DEPARTMENT: Government Liaison 2018 Affordable Housing Allowances RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial sales price and maximum allowable monthly rent for 2018 for affordable housing units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD $233,400* median income for Nassau/Suffolk Southold Town Meeting Agenda - June 19, 2018 Page 16 Households earning 100% or less of the HUD $291,750** median income for Nassau/Suffolk Households earning 120% or less of the HUD $350,100*** median income for Nassau/Suffolk * 2.5 times the 80% median income family of four - Nassau/Suffolk County ($93,360) **2.5 times the 100% median income family of four - Nassau/Suffolk County ($116,700) ***2.5 times the 120% median income family of four - Nassau/Suffolk County ($140,040) Monthly Rental Amounts May Not Exceed (utilities may or may not be included) Efficiency $ 1221.*** One Bedroom $ 1527*** Two Bedroom $ 1878*** Three Bedroom $ 2428*** Four Bedroom $ 2726*** *** represents HUD fair market rental RESOLVED that pursuant to Chapter 240-10-B(2)(c)\[2\]\[a\] of the Town Code, the Town Board of the Town of Southold hereby sets $233,400 as the amount of payment required per housing unit for Moderate Income Family Dwelling Units not built within the Town of Southold’s inclusionary zoning requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Long Island Workforce Housing Act.  Vote Record - Resolution RES-2018-575 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-576 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Southold Town Meeting Agenda - June 19, 2018 Page 17 Accepts Resignation of Debra Bellomo, PT Home Health Aide HRC RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Debra Bellomo from the position of Part Time Home Health Aide for the Human Resource Center effective June 20, 2018.  Vote Record - Resolution RES-2018-576 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2018-577 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- Community Development Financial Impact: Correct budget for 2017 CDBG funding year RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Community Development Fund budget as follows: From: CD.2743.44 Community Development, Year 44 (J) $50,578 Total $50,578 To: CD.2743.43 Community Development, Year 43 (I) $50,578 Total $50,578 From: CD.8660.J.044.008 CAST $5,000 CD.8660.J.044.010 Maureen’s Haven $5,000 CD.8660.J.044.015 ADA Access- Rec Center $42,090 Southold Town Meeting Agenda - June 19, 2018 Page 18 Total $52,090 To: CD.8660.I.017.008 CAST $5,000 CD.8660.I.017.010 Maureen’s Haven $5,000 CD.8660.I.017.015 ADA Access- Rec Center $42,090 Total $52,090  Vote Record - Resolution RES-2018-577  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-578 CATEGORY: Property Usage DEPARTMENT: Recreation Field Use – North Fork Women's Softball League RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the North Fork Women's Softball League to use the little league field at Tasker Park for league softball games. Dates and times will be coordinated with the Recreation Department. Appropriate fees have been charged as per the rules and regulations on the application for use of parks facilities. Applicant has filed with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. An updated Certificate of Insurance will be obtained upon policy renewal.  Vote Record - Resolution RES-2018-578  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated William P. Ruland     Tabled  Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Southold Town Meeting Agenda - June 19, 2018 Page 19 Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2018-579 CATEGORY: Authorize to Bid DEPARTMENT: Human Resource Center Authorization to Advertise for Bids for Repairs to Curbing and Walkways at HRC. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for repairs to curbing and walkways at the Human Resource Center as part of the New York State and Municipal Facilities Program (“SAM”) Grant: Project ID# 8289 Improvements to Southold Town Senior Center. .  Vote Record - Resolution RES-2018-579 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2018-580 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Trustees Letter of Intent & Annual Agreement with N.Y.S. E.F.C. C.V.A.P. - Town Pump Out Boat RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2018 Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, Request for Reimbursement form, and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the filing of a Clean Vessel Assistance Southold Town Meeting Agenda - June 19, 2018 Page 20 Program Operation & Maintenance Grant Program Annual Application for 2018, for grant funds up to the maximum amount of $5,000.00 regarding the pump-out boat owned and operated by the Town of Southold, utilized for the Town, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-580  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-581 CATEGORY: Attend Seminar DEPARTMENT: Highway Department Training - Skarbry RESOLVED that the Town Board of the Town of Southold hereby ratifies a resolution to grant th permission for Tom Skabry to attend on June 15, 2018 a free safety training class to be offered at the Bayard Cutting Arboretum in Great River, New York at no cost to the town for travel, food, attendance and lodging.  Vote Record - Resolution RES-2018-581  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  Southold Town Meeting Agenda - June 19, 2018 Page 21 2018-582 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2018 Budget Modification - Highway Financial Impact: Regular Earnings RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: From: DB.5130.2.500.300 Other Equipment 719.00 DB.5110.1.100.100 Full Time Regular Earnings 20,000.00 DB.5130.4.100.500 Parts and Supplies 2,500.00 TOTAL $23,219.00 To: DB.5130.2.300.100 Light duty Vehicles 708.00 DB.5140.1.100.100 Brush/weed Regular Earnings 20,000.00 DB.5130.4.100.550 Tires 2,500.00 DB.5110.4.400.300 Drainage/piping 11.00 TOTAL $23,219.00  Vote Record - Resolution RES-2018-582 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-583 CATEGORY: Refund DEPARTMENT: Town Clerk Refund - Cornell RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $30.00 Southold Town Meeting Agenda - June 19, 2018 Page 22 to Tom Cornell 170 Jockey Creek Drive Southold, NY for the purchase of a disposal permit purchased in error.  Vote Record - Resolution RES-2018-583 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-584 CATEGORY: Attend Seminar DEPARTMENT: Assessors Seminar - Claire Glew RESOLVED that the Town Board of the Town of Southold hereby grants permission to Claire Glew to attend an ACES (Assessment Community Enterprises System) Information Session in White Plains, New York on June 28, 2018. Travel and any other expenses incurred to be a legal charge to the Assessors 2018 budget.  Vote Record - Resolution RES-2018-584 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-585 Southold Town Meeting Agenda - June 19, 2018 Page 23 CATEGORY: Surplus Equipment DEPARTMENT: Police Dept PD Asset Transfer to Highway Dept RESOLVED that the Town Board of the Town of Southold hereby transfers Asset #2689, 2001 Ford F150 Ford pick-up with VIN #1FTRX18W81KB42975 from Southold Town Police Department to the Southold Town Highway Department, effective immediately.  Vote Record - Resolution RES-2018-585 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-586 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Alyssa Hadley Seasonal Cashier RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted June 11, 2018 that appoints Alyssa Hadley to the position of summer seasonal Cashier (FIFD) effective June 21, 2018 at a rate of $12.50 per hour  Vote Record - Resolution RES-2018-586 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  James Dinizio Jr     Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  Southold Town Meeting Agenda - June 19, 2018 Page 24 2018-587 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints James Finora to the seasonal position of Pumpout Boat Operator for the Trustees, effective June 22, 2018 through August 6, 2018, at a rate of $20.00 per hour.  Vote Record - Resolution RES-2018-587 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-588 CATEGORY: Refund DEPARTMENT: Town Clerk Refund for Beach Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $20.00 to V. Demacopoulos, 5647 226th Street, Apt 1, Bayside, NY 11364 for a resident parking permit he applied for online but he is not a Town resident or property owner.  Vote Record - Resolution RES-2018-588 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Tabled William P. Ruland       Withdrawn Jill Doherty      Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Southold Town Meeting Agenda - June 19, 2018 Page 25 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2018-589 CATEGORY: Fireworks Permit DEPARTMENT: Town Clerk Mattituck Environmental Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to Mattituck Environmental LLC for a fireworks display on Tuesday, July 4, 2018 at 9:30PM (Rain Date: Saturday, July 7, 2018 at 9:30 PM) at 9205 Skunk Lane, Cutchogue, New York, upon payment of a single fee of $100.00 and subject to the applicant’s compliance with the requirements of the Town’s Policy regarding the issuance of fireworks permits.  Vote Record - Resolution RES-2018-589 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-590 CATEGORY: Refund DEPARTMENT: Town Clerk Refund for Beach Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $20.00 to Michael A. O’Donnell and Belina Mello, 314 8 Avenue Apt 3L, Brooklyn, NY 11215 for a resident parking permit as they applied for two (2) online but only needed one (1) permit. Southold Town Meeting Agenda - June 19, 2018 Page 26  Vote Record - Resolution RES-2018-590 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-591 CATEGORY: Legal DEPARTMENT: Town Attorney Settlement - Kougentakis RESOLVED that the Town Board of the Town of Southold hereby authorizes the settlement of the litigation entitled “Town of Southold v. Petros Kougentakis and Anna Kougentakis”, and further authorizes Supervisor Scott A. Russell, to execute the Stipulation of Settlement, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-591 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-592 CATEGORY: Budget DEPARTMENT: Town Attorney Southold Town Meeting Agenda - June 19, 2018 Page 27 NF Promotion Council Funding RESOLVED that the Town Board of the Town of Southold, hereby authorizes a one-time payment of $25,000 to the North Fork Promotion Council to fund employees at the information booths located on the Main Road in Laurel and Greenport in providing information to visitors to the Town of Southold for 2018 season.  Vote Record - Resolution RES-2018-592 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-593 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Homicide Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to st Detective Steven Harned to attend the 31 Annual Henry F. Williams Homicide Seminar in Albany New York from September 30 through October 5, 2018. All expenses for registration and travel are to be a legal charge to the 2018 General Fund Whole Town Budget lines A.3120.4.600.225, A.3120.4.600.300 and A.3120.4.600.200.  Vote Record - Resolution RES-2018-593 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost Southold Town Meeting Agenda - June 19, 2018 Page 28 2018-594 CATEGORY: Bond Public Hearing DEPARTMENT: Town Clerk PH 7/3 7:30 Pm - SWMD Bond WHEREAS, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, in the Town (herein called the “District”), has determined that it is in the best interests of the District to increase and improve the facilities of the District, by the acquisition of two front end wheel loaders at the aggregate estimated maximum cost of not to exceed $500,000, pursuant to Section 202-b of the Town Law; and WHEREAS, it is expected that approximately $25,000 may be received as a trade-in credit for a separate item of equipment, which may be used to pay a part of the cost of the new equipment,; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called “SEQRA”) has found and determined that the project is a Type II Action and no further environmental review is required; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, on the July 3, 2018 at 4:30 o’clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in the “The Suffolk Times,” hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, on July 3, 2018, at 7:30 o’clock P.M. (Prevailing Time), for the purpose of Southold Town Meeting Agenda - June 19, 2018 Page 29 conducting a public hearing in relation to the increase and improvement of facilities of the Southold Solid Waste Management District, consisting of the acquisition of two front end wheel loaders at the aggregate estimated maximum cost of not to exceed $500,000. The plan of financing includes the issuance of bonds in the maximum amount of $500,000; however, it is expected that approximately $25,000 shall be received as a trade-in credit for a separate item of equipment, which may be used to pay a part of the cost of the new equipment. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. Dated: June 19, 2018 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville, Town Clerk Town of Southold  Vote Record - Resolution RES-2018-594 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-595 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Community Theater 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 May 29, 2018 in regard to the management of the Community Theater. Southold Town Meeting Agenda - June 19, 2018 Page 30  Vote Record - Resolution RES-2018-595 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-596 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Stipulation of Agreement 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 May 29, 2018 in regard to a Stipulation of Agreement with an employee.  Vote Record - Resolution RES-2018-596 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2018-597 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - CSEA Agreement Southold Town Meeting Agenda - June 19, 2018 Page 31 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 May 29, 2018 in regard to a Stipulation of Agreement with the CSEA.  Vote Record - Resolution RES-2018-597 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-598 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Cummins, Inc 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 May 29, 2018 in regard to Cummins, Inc.  Vote Record - Resolution RES-2018-598 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost Southold Town Meeting Agenda - June 19, 2018 Page 32 2018-599 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Waiver of Procurement Policy 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 May 29, 2018 in regard to emergency repairs to road to the New London terminal.  Vote Record - Resolution RES-2018-599 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-600 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - EAP Contract Renewal 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 May 29, 218 in regard to Behavioral Health Consultants, LLC.  Vote Record - Resolution RES-2018-600 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended  Defeated James Dinizio Jr      Tabled William P. Ruland     Withdrawn  Jill Doherty     Supervisor's Appt  Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost Southold Town Meeting Agenda - June 19, 2018 Page 33 2018-601 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Michael Chih PT Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Chih to the position of Part Time Code Enforcement Officer for the Town Attorney’s Office, effective June 22, 2018, at a rate of $27.75 per hour, upon successful Civil Service and background completion.  Vote Record - Resolution RES-2018-601 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2018-602 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Health Insurance 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 May 29, 2018 in regard to Harvard Pilgrim PPO HAS 6500 health insurance.  Vote Record - Resolution RES-2018-602 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  James Dinizio Jr      Defeated William P. Ruland      Tabled Jill Doherty     Withdrawn  Supervisor's Appt  Robert Ghosio     Southold Town Meeting Agenda - June 19, 2018 Page 34 Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt  No Action Lost  2018-603 CATEGORY: Public Service DEPARTMENT: Fishers Island Ferry District FIFD - Fare Increase 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 May 29, 2018 in regard to an increase in fare rates  Vote Record - Resolution RES-2018-603  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2018-604 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Airport Building Roof 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 June 11, 2018 in regard to CR Schultz, LLC.  Vote Record - Resolution RES-2018-604  Adopted Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - June 19, 2018 Page 35 Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland      Tabled Jill Doherty      Withdrawn  Supervisor's Appt Robert Ghosio     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action   Lost 2018-605 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD - Morris & McVeigh 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 June 11, 2018 in regard to the law firm of Morris & McVeigh, LLP.  Vote Record - Resolution RES-2018-605 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-606 CATEGORY: Committee Appointment DEPARTMENT: Supervisor Water Conservation Committee Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Chris Pickerell to Southold Town Meeting Agenda - June 19, 2018 Page 36 the position of Member of the Water Conservation Committee effective June 19, 2018 through March 31, 2022.  Vote Record - Resolution RES-2018-606 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-607 CATEGORY: Fireworks Permit DEPARTMENT: Town Clerk Greenport Fire Department Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Phenix Hook & Ladder Company 1 & 2 of the Greenport Fire Department for a fireworks display at 10:00 PM on Thursday July 5, 2018 (Rain Date of: Friday July 6, 2018) and Saturday July 7, 2018 (no raindate) at Greenport High School’s Athletic Field located on the north side of Front Street and the east side of Moores Lane, Greenport, New York upon the payment of a single fee of $100 per event and subject to the applicant’s compliance with the requirements of the Town’s policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-607 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled   Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - June 19, 2018 Page 37 2018-608 CATEGORY: Employment - Town DEPARTMENT: Accounting Retirement Resolution for Elected Officials WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer’s time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer’s Record of Activities) Day Time Keeping (Hrs/day) System Town Board Robert Ghosio Jr. 6 1/1/18-12/31/21 N 15.17 Council Member BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such th board, at a legally convened meeting held on the 19 June of 2018 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six (6) of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this th 19 June of 2018 S E A L ____________________________________ Southold Town Meeting Agenda - June 19, 2018 Page 38 Elizabeth A. Neville Town Clerk Town of Southold  Vote Record - Resolution RES-2018-608 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland      Supervisor's Appt Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2018-609 CATEGORY: Employment - Town DEPARTMENT: Accounting Retirement Resolution for Elected Officials WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer’s time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer’s Record of Activities) Day Time Keeping (Hrs/day) System Justice Eileen Powers 6 1/1/18-12/31/21 N 21.91 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting Southold Town Meeting Agenda - June 19, 2018 Page 39 requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such th board, at a legally convened meeting held on the 19 June of 2018 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six (6) of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this th 19 June of 2018 S E A L ____________________________________ Elizabeth A. Neville Town Clerk Town of Southold  Vote Record - Resolution RES-2018-609 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-610 CATEGORY: Trailer Permit DEPARTMENT: Town Clerk Special Trailer Permit - Cutting Edge Landscaping RESOLVED that the Town Board of the Town of Southold hereby grants approval of a temporary special trailer permit application of Cutting Edge Landscaping/Edward Danowski for a period of six (6) months from date of issuance to locate a trailer to house a night watchman for additional security on property located at 22290 County Road 48, Cutchogue, New York 06390 Suffolk County Tax Map # 1000-84.-4-3. Southold Town Meeting Agenda - June 19, 2018 Page 40  Vote Record - Resolution RES-2018-610 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled  Withdrawn William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2018-611 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Oysterponds Historical Society - Heritage Day Parade Financial Impact: Police Department Cost for the Event = $311.11 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds Historical Society to use the following route for its Heritage Day Parade in Orient on Sunday, July 1, 2018 staging to begin at 12:00 pm on Oysterponds Lane, from there to Main Road to Village Lane to the end of Village Lane, provided they follow all the conditions in the Town’s Policy for Special Events on Town Properties Failure to comply with the conditions will result in the forfeiture of the clean-up deposit and denial of future requests. In addition, the police will post “No Parking” signs the night before the event as requested. All Town fees for this event are waived with the exception of the clean-up deposit.  Vote Record - Resolution RES-2018-611  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  Southold Town Meeting Agenda - June 19, 2018 Page 41 2018-612 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modifcation- Engineering (DOH Grant) Financial Impact: Establish budget for Lead Service Line Replacement grant from the NYS Department of Health RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: Increase Revenues: A.3540.30 State Aid- DOH Lead Svc Lines $250,000 Total $250,000 Increase Expenditures: A.1440.4.400.400 Engineer, Contracted Services, Lead Service Line Replacements $250,000 Total $250,000  Vote Record - Resolution RES-2018-612 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2018-613 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution 2018-31 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2018-31 adopted on January 2, 2018 to read as follows: Southold Town Meeting Agenda - June 19, 2018 Page 42 RESOLVED that pursuant to Section 267(1) of the Town Law, Leslie Weisman is hereby designated Chairperson of the Southold Town Board of Appeals for the term of January 1, 2018 through December 31, 2018; and be it FURTHER RESOLVED that the Chairperson of the Board of Appeals shall be responsible for furnishing to the Town Board a detailed monthly report of activities within her department; and be it FURTHER RESOLVED that the Chairperson of the Southold Town Board of Appeals shall be paid a salary of $8,000 per annum, in addition to her regular salary, effective January 1, 2018 through December 31, 2018, and the same shall be paid in regular bi-weekly payments.  Vote Record - Resolution RES-2018-613 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2018-614 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Ph 7/31 7:30 Pm - Rental Permit WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 19 day of June, 2018, a Local Law entitled “A Local Law in relation to Rental Permits” now, therefore, be it RESOLVED, that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the st 31 day of July at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to Rental Permits” reads as follows: LOCAL LAW NO. 2018 Southold Town Meeting Agenda - June 19, 2018 Page 43 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, “A Local Law in relation to Rental Permits” § 207-1 Legislative intent. A. The intent of this chapter is to preserve the aesthetic integrity of our residential neighborhoods, prevent neighborhood blight, protect residential property values, encourage residential property maintenance and enhance the quality of life in our residential neighborhoods. B. This chapter is intended to apply to all dwelling units within the Town of Southold. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and excessive vehicle traffic and parking problems and to overburden municipal services. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety, welfare and good order and governance of the Town will be enhanced by enactment of the regulations set forth in this chapter, which regulations are remedial in nature and effect. The Board also finds that owner occupied dwellings can also fall into disrepair and not be adequately maintained, which has a detrimental effect on neighborhoods. C. Nothing herein shall interpreted to supersede any requirements contained in Chapter 280 or any other chapter of the Town Code of the Town of Southold. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official. Southold Town Meeting Agenda - June 19, 2018 Page 44 DWELLING A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY A building, other than a or apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL OCCUPANCY PERMIT A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 207-3 Neighborhood preservation requirements. A. Any property subject to the requirements of this chapter shall comply with all Southold Town Meeting Agenda - June 19, 2018 Page 45 aspects of Chapter 100 of this Code and shall insure that:. 1. Steps, walks, driveways, parking areas and other paved areas shall be maintained in good repair. 2. Yards shall be kept clean and free of physical hazards and debris. 3. Exterior surfaces of any and all dwellings, structures and accessory structures, including but not limited to fences that are not inherently resistant to deterioration, shall be periodically treated with a protective coating of paint or other suitable preservative. All surfaces shall be maintained free of deterioration, including but not limited to broken or missing glass, loose or missing shingles or siding, crumbling brick, stone and mortar and peeling, scaling or deteriorated paint. 4. Dwellings, structures and accessory structures shall be maintained so as to be free of conditions detrimental to safety or health. 5. Dwellings, structures, accessory structures and property shall be maintained free of vermin, rodent harborage and infestation. Methods used for exterminating vermin and rodents shall conform to Suffolk County Health Department standards. 6. Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse and sewage pursuant to Suffolk County Health Department standards. 7. Floors, walls, ceilings and fixtures in residential dwellings shall be maintained in a clean and sanitary condition. 8. No bedroom or sleeping quarters shall have interior key locks or dead bolt locked doors servicing said bedroom or sleeping quarters. 9. No bedroom shall constitute the only means of access of other bedrooms or habitable spaces, and bedrooms shall not serve as the only means of egress from other habitable spaces. 10. Carbon monoxide alarms and detectors shall be installed on every habitable floor of any dwelling, structure or accessory structure with a carbon monoxide source, in accordance with the New York State Uniform Fire Prevention and Building Code and Town Code Chapters 100 and 144. § 207-4 Fees. Rental Permit fees to be set by Town Board resolution. §207-5 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with a functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. §207-6 Inspections. A. No permit shall be issued under any application unless all the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York have been complied with. B. The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, morals and Southold Town Meeting Agenda - June 19, 2018 Page 46 welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. §207-7 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-8 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B. Application review; inspection of premises. (1) The Code Enforcement Official or his designee shall review each application for completeness and reject incomplete applications. (2) Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or (2) provide to the Code Enforcement Official an inspection report provided by the Town, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. C. Rental permit requirements. (1) Rental permit applications shall be in writing on a form provided by the Town Southold Town Meeting Agenda - June 19, 2018 Page 47 and shall include the owner's name, address and telephone number. (2) Rental permits shall also include the maximum number of persons that are allowed to occupy the premises pursuant to this chapter. (3) Rental permits shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included. (4) All applicants must submit a sworn statement that to the best of their knowledge there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Southold local laws or ordinances pertaining to the property. (5) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand the Southold Town Code concerning the restrictions on the number of unrelated persons occupying said residence. (6) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for all buildings and structures on the property; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) At the discretion of the Code Enforcement Official, an accurate property survey of the premises prepared by a licensed surveyor drawn to scale not greater than 40 feet to one inch, or, if not shown on the survey, a site plan prepared by a licensed surveyor or engineer, drawn to scale, showing all buildings, structures, walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities (7) Each application shall be executed and sworn to by the owner of the premises. (8) Any additional information required by the Code Enforcement Official. (9) All rental properties containing eight or more rental units shall provide for a designated site manager, who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. D. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal, New York State or Suffolk County guidelines. E. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official on or 90 days prior to the expiration date of any valid rental permit. A renewal rental permit Southold Town Meeting Agenda - June 19, 2018 Page 48 application shall contain a copy of the prior rental permit. (2) A renewal rental permit application shall contain a signed sworn statement setting forth the following: (a) That there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of \\ Southold local laws or ordinances pertaining to the property; and (b) That there are no changes to any information as provided on the prior valid rental permit and application. (3) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises on which the same are located to take place pursuant to Subsection C(2) above. (4) The Town of Southold shall not accept, review or approve any renewal rental applications for dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. F. Registered motor vehicle restrictions. (1) Each rental dwelling shall be entitled to have one registered motor vehicle for each legally designated bedroom, as determined by the Code Enforcement Official, as well as one additional registered motor vehicle. §207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall Southold Town Meeting Agenda - June 19, 2018 Page 49 list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and § 10(1)(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. I. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. II. Effective Date. This chapter shall be effective upon filing with the Secretary of State. Applications for a rental permit shall be accepted upon the effective date of this chapter. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019.  Vote Record - Resolution RES-2018-614  Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Withdrawn Jill Doherty      Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt Southold Town Meeting Agenda - June 19, 2018 Page 50 Supt Hgwys Appt  No Action   Lost 2018-615 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney COA - Southold Sunsets Holdings WHEREAS, the Board of Trustees denied the application of Southold Sunsets Holdings LLC (the “Applicant”) requesting a coastal erosion hazard area permit to demolish existing one- story dwelling, decks and foundation; construct on a piling system to elevate the finished floor to 16ft. elevation, a proposed 957.77 square foot one-story, single-family dwelling with a combined 262.75 Square foot of seaward side porch area with 7.6’ wide stairs to ground, and side deck area with 4’ wide stirs to ground at SCTM #1000-54-4-3, under the Coastal Erosion Hazard Areas Law (the “Law”) of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on April 16, 2018, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on June 5, 2018, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant’s consultant; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated June 19, 2018, conditionally granting the application of Southold Sunsets Holdings LLC for a coastal erosion hazard area permit pursuant to §111-20 of the Coastal Erosion Hazard Area Code; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further Southold Town Meeting Agenda - June 19, 2018 Page 51 RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein.  Vote Record - Resolution RES-2018-615  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  James Dinizio Jr     Tabled  Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty      Tax Receiver's Appt Robert Ghosio      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2018-616 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Chapter 260, Parking WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk nd County, New York, on the 22 day of May, 2018, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety” and WHEREAS 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 an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as Southold Town Meeting Agenda - June 19, 2018 Page 52 dealing with impacts to the public’s health, safety and welfare. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-4. Stop intersections with stop signs. At Intersection Location Stop Sign on Direction of Travel With (Hamlet) Sound Avenue East Westphalia Avenue Mattituck Sound Avenue West Westphalia Avenue Mattituck 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 immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2018-616 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated James Dinizio Jr      Tabled Withdrawn  William P. Ruland     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Robert Ghosio     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost VI. PUBLIC HEARINGS 1. Ph 6/19 4:31 Pm - Chapter 260 Stop Signs