The URL can be used to link to this page

Home My WebLink AboutAG-07/31/2018 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 July 31, 2018 7:30 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 7:30 PM Meeting called to order on July 31, 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 - July 31, 2018 Page 2 I. REPORTS 1. Trustees Monthly Report June 2018 2. Recreation Department Monthly Report June 2018 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Heather Lanza and Members of the Planning Board with Matthew Carmody of AKRF, Inc. Presentation of Draft Transportation & Infrastructure Chapter 2. 9:30 Am - Planning Board Recommendation Proposed Code Amendment Pertaining to Building Length Restrictions in LI and LIO Zones 3. 9:45 Am - Kristie Hansen-Hightower, Town Comptroller Mid-Year Financial Update 4. 10:00 Am - Michael Collins and Jamie Richter Consultants for the Love Lane Traffic Study and Asbestos Abatement at the Highway Garage 5. 10:15 Am - Chris Baiz with Members of the Agricultural Advisory Committee Permitted Ag Uses 6. Code Amendment- Section 280-21 Ability to Apply for HD Zoning District 7. Request for Resolution Supporting Peconic Land Trust Grant Application for the Wolf Preserve 8. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Corporation(S) 11:30 am - Chief Flatley 9. EXECUTIVE SESSION - Labor - Matters Involving the Employment of a Particular Person(S) 10. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 12:15 pm - Melissa Spiro with Mary Wilson, Esq. Southold Town Meeting Agenda - July 31, 2018 Page 3 11. EXECUTIVE SESSION - Litigation - Suffolk County v. Town of Southold (Long Island Power Authority) 1:00 pm - Michael Collins and Jamie Richter: Oysterponds Shellfish v. DEC 1:15 pm - Leslie Weisman - Croteaux v. Town of Southold 12. 10:45 Am - Councilman Ghosio Southold Town Water Conservation Grant Proposal MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 27, 2018 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 10, 2018 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 24, 2018 V. RESOLUTIONS 2018-694 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 31, 2018.  Vote Record - Resolution RES-2018-694  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  2018-695 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Annual Fishers Island Town Board Meeting Southold Town Meeting Agenda - July 31, 2018 Page 4 RESOLVED that the Annual Fishers Island Town Board Meeting of the Southold Town Board be held, Wednesday, August 8, 2018 on Fishers Island, New York at 1:30 P. M..  Vote Record - Resolution RES-2018-695  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  2018-696 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 14, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2018-696  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  2018-697 Southold Town Meeting Agenda - July 31, 2018 Page 5 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Trailer Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to John Cushman, 1305 Village Lane Mattituck, NY 11952 in the amount of $20.00 for a Resident Trailer permit as a duplicate permit was purchased in error.  Vote Record - Resolution RES-2018-697 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 2018-698 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Members of Parks, Beaches and Recreation Committee RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Members of the Southold Town Parks, Beaches and Recreation Committee.  Vote Record - Resolution RES-2018-698 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 - July 31, 2018 Page 6 2018-699 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: Restore funds inadvertantly removed from Composting Urea line due to double entry; complete funding for grinder radiator. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows: From: SR 8160.4.400.250 Comp. Software Support $2,000 SR 8160.4.400.625 Tire Repair 300 Total $2,300 To: SR 8160.4.100.608 Composting Urea $1,000 SR 8160.4.400.665 Repairs CBI Grinder 1,300 Total $2,300  Vote Record - Resolution RES-2018-699 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  2018-700 CATEGORY: Attend Seminar DEPARTMENT: Accounting Attend Seminar- Accounting Southold Town Meeting Agenda - July 31, 2018 Page 7 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower and Laura Arena to attend a seminar on municipal procurement in Great River, NY, on July 24, 2018. All expenses travel to be a legal charge to the 2018 budget (A.1310.4.600.300 Travel Reimbursement).  Vote Record - Resolution RES-2018-700  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  2018-701 CATEGORY: Budget Modification DEPARTMENT: Assessors 2018 Budget Modification - Assessors Financial Impact: to cover the overage for our Board of Assessment Review salaries RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund budget as follows: To: A1355.1.300.150 Board of Assessors 95.00 Assessors, P.S. Temporary/Seasonal Board of Assessment Review From: A1355.4.600.200 Board of Assessors 95.00 Miscellaneous Meetings & Seminars  Vote Record - Resolution RES-2018-701 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Southold Town Meeting Agenda - July 31, 2018 Page 8 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-702 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Trustees Suffolk County Pump Out Boat Grant Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an inter-municipal agreement Rev. 7-20-2018 Law No. 18-ED-212 with the County of Suffolk for the receipt of funds in the amount of $19,700.00 from the County to be utilized for the purchase of a new Pump Out Boat, subject to approval from the Town Attorney.  Vote Record - Resolution RES-2018-702 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  2018-703 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Wage Rate Increase Southold Town Meeting Agenda - July 31, 2018 Page 9 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution number 2018-141 of the Fishers Island Ferry District adopted July 23, 2018 that reads as follows: Whereas Karina Curbelo has exceeded all expectations as a Cashier (FIFD), Therefore it is RESOLVED for increase Ms. Curbelo’s wage rate from $12.75 to $13.00 with effect July 5, 2018.  Vote Record - Resolution RES-2018-703 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  2018-704 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Accept Resignation of Ryan Miner RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2018-142 of the Fishers Island Ferry District adopted July 23, 2018 that accepts the resignation effective June 30, 2018 of Ryan Miner, seasonal Deckhand (FIFD) for the Fishers Island Ferry District.  Vote Record - Resolution RES-2018-704  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  Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt Southold Town Meeting Agenda - July 31, 2018 Page 10 No Action  Lost  2018-705 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Accept Resignation of Chase Lettrich RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2018-143 of the Fishers Island Ferry District adopted July 23, 2018 that accepts the resignation effective July 15, 2018 of Chase Lettrich, seasonal Deckhand (FIFD) for the Fishers Island Ferry District.  Vote Record - Resolution RES-2018-705  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  2018-706 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Terminate the Employment of Employee # 67392 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2018-144 of the Fishers Island Ferry District adopted July 23, 2018 that terminates the employment of employee # 67392 effective July 23, 2018.  Vote Record - Resolution RES-2018-706 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  William P. Ruland     Tabled  Southold Town Meeting Agenda - July 31, 2018 Page 11 Withdrawn  Jill Doherty     Supervisor's Appt  Robert Ghosio      Tax Receiver's Appt Louisa P. Evans      Rescinded  Town Clerk's Appt Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-707 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Terminate the Employment of Employee #80590 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2018-145 of the Fishers Island Ferry District adopted July 23, 2018 that terminates the employment of employee # 80590 effective July 23, 2018.  Vote Record - Resolution RES-2018-707 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  2018-708 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall 2018 Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Fall 2018 recreation programs, all in accordance with the approval of the town attorney. Funding for the Southold Town Meeting Agenda - July 31, 2018 Page 12 instructors listed below has been budgeted for in the recreation department's 2018 instructor line A.7020.4.500.420. NF School For Dogs (Dog Obedience/Puppy STAR/Pre-Therapy) $90/person Sara Bloom (Memoir Writing) $30/hour Thomas Boucher (Guitar Lessons) $30/hour Nick Cordone (Pickleball) $30/hour Heather Cusack (Herbs for Health) $30/hour Martha Eagle (Aerobics & Pilates 2 Day) $40/class Martha Eagle (Friday Only Pilates) $30/class Suzzanne Fokine (Plein Air Painting) $30/hour Bill Gatz (Youth Basketball) $30/hour Island’s End Golf & Country Club (Golf Lessons) $100/person Rebecca Jens (Volleyball) $25/hour Lois Levy (Art Journaling) $30/hour Rosemary Martilotta (Hatha & Chair Yoga) $44/class Kate McDowell (Tennis Lessons) $30/hour Linda Nemeth (Watercolor) $30/hour Craig Osmer (Youth Basketball) $30/hour R&C Agency Management (CPR Course) $55/person R&C Agency Management (Defensive Driving) $30/person Grace Rowan (Senior Fitness Classes) $30/hour Laurie Short (Fitness Classes) $30/hour Steve Smith (Weight Training) $90/person Alfonso Triggiani (Ballroom Dancing) $65/person Barbara Terranova (Knitting & Jam Making) $30/hour Ryan Wesnofske (Youth Basketball) $30/hour Kerri Zablotny (Little Scholars) $30/hour Huck Hirsch (Mah Jongg) $30/hour North Fork Bodies in Motion (Walk15 Aerobics & Tai Chi) $30/hour Bernie Kettenbeil (Smart Driver) Free  Vote Record - Resolution RES-2018-708 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 - July 31, 2018 Page 13 2018-709 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Seasonal FT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves resolution number 2018-147 of the Fishers Island Ferry District adopted July 27, 2018 that reads as follows: WHEREAS The Fishers Island Ferry District requires additional Deckhands; Therefore it is RESOLVED to appoint, with effect August 2, 2018, Finbar Foley as summer seasonal Deckhand (FIFD) at a rate of $12.50 per hour. On September 15, 2018, Mr. Foley will terminate his summer seasonal position. On September 16, 2018 Mr. Foley will be appointed to part-time Deckhand (FIFD).  Vote Record - Resolution RES-2018-709  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  2018-710 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds for the purchase of Bulletproof vests-50% to be reimbursed through the BPV Grant RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: Southold Town Meeting Agenda - July 31, 2018 Page 14 From: A.3120.2.500.800 Police/Other Equipment/Light Bars $7,170 A.3130.2.400.300 Bay Constable/Other Equip/Dry Suits/Dive Equip $1,256 Total $8,426 To: A.3120.2.500.700 Police/Police Equip/Other Equip/Soft Body Armor $7,170 A.3130.2.400.700 Bay Constable, BC Equip/Other Equip/Soft Body Armor $1,256 Total $8,426  Vote Record - Resolution RES-2018-710 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  2018-711 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Living Shoreline Demonstration Project with Cornell Cooperative Extension Contract RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute a contract with Cornell Cooperative Exchange in furtherance of Living Shoreline Demonstration Project for $117,600, of which $58,800 is sourced from Suffolk County Grant funds and $58,800 will be a donation of in kind services from Cornell Cooperative Exchange to the Town of Southold, subject to approval from the Town Attorney.  Vote Record - Resolution RES-2018-711 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 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  Southold Town Meeting Agenda - July 31, 2018 Page 15 No Action  Lost  2018-712 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Capital Financial Impact: Establish budget for Carroll Ave Purchase WHEREAS the Town Board of the Town of Southold adopted a bond resolution for the purchase of property, and WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Projects and amends the Capital Budget as follows: Capital Project Name: Carroll Ave Acquisition Financing Method: Serial Bonds/Transfer from GFWT Budget: Revenues: H.5031.16 Interfund Transfer, Property Acquisitions $6,000 H.5710.16 Serial Bonds, Property Acquis 750,000 Total $756,000 Appropriations: H.1620.2.400.500 Carroll Ave Acquisition $756,000 Total $756,000  Vote Record - Resolution RES-2018-712 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 Louisa P. Evans  Rescinded     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - July 31, 2018 Page 16 Lost  2018-713 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification- General Fund Financial Impact: Transfer funds to Capital for additional costs for Carroll Ave acquisition RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1620.2.400.400 Buildings & Grounds, Building Rentals $6,000 Total $6,000 To: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $6,000 Total $6,000  Vote Record - Resolution RES-2018-713 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  2018-714 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Contract of Sale Capital One National Southold Town Meeting Agenda - July 31, 2018 Page 17 RESOLVED that the Town Board of the Town of Southold hereby ratifies the execution of the Contract of Sale with Capital One National Association, for the purchase of the 54375 Main Road, Southold, New York, SCTM #1000-61-2-012.002, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-714  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  2018-715 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Contract of Sale Carroll Avenue RESOLVED that the Town Board of the Town of Southold hereby ratifies the execution of the Contract of Sale with Sandra J. Midgley, as Executor of the Estate of William S. Midgley, Jr., for the purchase of the 1080 Carroll Avenue, Peconic, New York, SCTM #1000-75-01-06, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-715 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 - July 31, 2018 Page 18 2018-716 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Janice L. Foglia WHEREAS, the Town of Southold has received notification via U.S. Mail on July 27, 2018 from the NYS Retirement System concerning the retirement of Janice L. Foglia effective October 13, 2018 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Janice L. Foglia from the position of Payroll Supervisor for the Accounting & Finance Department, effective October 13, 2018.  Vote Record - Resolution RES-2018-716  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  2018-717 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Gary Rempel RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Gary Rempel from the position of part time Mini Bus Driver for the Human Resource Center effective August 10, 2018.  Vote Record - Resolution RES-2018-717 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  James Dinizio Jr     Defeated  Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt Southold Town Meeting Agenda - July 31, 2018 Page 19 Tax Receiver's Appt  Robert Ghosio     Rescinded  Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt  No Action Lost  2018-718 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney STOP-DWI Agreement W/Suffolk County for 2017-21 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the STOP- DWI Program in an amount not to exceed $95,000, $19,000 for each calendar year of the contract for the term January 1, 2017 through December 31, 2021, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2018-718  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  2018-719 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney CDW Direct LLC Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a one year agreement with CDW Direct LLC, to renew Southold Town Meeting Agenda - July 31, 2018 Page 20 the Town’s utilization of CDW’s Cradlepoint Data Processing service at a cost of $476.00 for the year, subject to approval by the Town Attorney.  Vote Record - Resolution RES-2018-719 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 2018-720 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Parking/Trailer Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individual(s) in the amount of $20.00 for the purchase of resident parking permit: Danielle M Rodger st 611 1 Street Greenport, NY 11944  Vote Record - Resolution RES-2018-720 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 - July 31, 2018 Page 21 2018-721 CATEGORY: Budget Modification DEPARTMENT: Justice Court 2018 Budget Modification- Justice Court Financial Impact: To cover the purchase of equipment from the JCAP award. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: To: A.1110.2.500.600 Justice Court, Security Equipment $3,825.00 From: A.1110.1.100.200 Justice Court, FT Employees, Overtime Earnings $3,825.00 To: A.1110.2.100.100 Justice Court, Furniture, Desks $1,940.00 From: A.1110.4.400.500 Justice Court, Parking Ticket Servicing $1,940.00  Vote Record - Resolution RES-2018-721 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  2018-722 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District Southold Town Meeting Agenda - July 31, 2018 Page 22 FIFD 7/23/18 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated July 23, 2018, as follows: FIFD resolution # Regarding 2018 ? 139 Edwards settlement 2018 ? 140 HHC Transportation  Vote Record - Resolution RES-2018-722 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 2018-723 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Award Love Lane Traffic Study to AKRF RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into a professional services contract with AKRF for the completion of the Love Lane Traffic Study at a cost not to exceed $24,500, as outlined in the expanded approach of their proposal dated July 25, 2018, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2018-723  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   Rescinded Louisa P. Evans      Town Clerk's Appt Scott A. Russell      Supt Hgwys Appt Southold Town Meeting Agenda - July 31, 2018 Page 23 No Action  Lost  2018-724 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Mattituck Chamber of Commerce 4/23/18 250.00 PO Box 1056 Mattituck, NY 11952 Cutchogue New Suff. Historical Council 5/9/18 250.00 PO Box 714 Cutchogue, NY 11935 North Fork Country Club 4/19/18 250.00 PO Box 725 Cutchogue, NY 11935 Greek Orthodox Church of the 6/29/18 250.00 Transfiguration Inc PO Box 1162 Mattituck NY 11952  Vote Record - Resolution RES-2018-724  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 - July 31, 2018 Page 24 Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2018-725 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Award Consultant Services for Asbestos Removal to Enviroscience Consultants Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into a professional services contract with Enviroscience Consultants Inc. for consultant services related to the removal of asbestos from the building commonly referred to as the Old Highway Department Maintenance and Storage Building at a cost not to exceed $17,850, as outlined in their proposal dated July 25, 2018, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2018-725 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  2018-726 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Engineering Financial Impact: Move budget for asbestos engineering contract RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Southold Town Meeting Agenda - July 31, 2018 Page 25 Fund Whole Town budget as follows: From: A.1440.4.500.100 Engineering Surveys $20,000 Total $20,000 To: A.1440.4.500.400 Engineering Services $20,000 Total $20,000  Vote Record - Resolution RES-2018-726 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 2018-727 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Parking Permit - Fujita RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $40.00 to Kenji Fujita 1655 Parkway Southold, NY 11971 for duplicate parking permits purchased in error.  Vote Record - Resolution RES-2018-727 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  Rescinded Louisa P. Evans      Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action Southold Town Meeting Agenda - July 31, 2018 Page 26 Lost  2018-728 CATEGORY: Grants DEPARTMENT: Town Attorney Peconic Land Trust Grant Application/Wolf Preserve WHEREAS, the Peconic Land Trust is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project to be located at the Wolf Preserve, a site located within the Town of Southold, and WHEREAS, as a requirement under the rules of this program, Peconic Land Trust must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”; NOW, THEREFORE, be it resolved that the Town Board of the Town of Southold hereby does approve and endorse the application of Peconic Land Trust for a grant under the Environmental Protection Fund for a park project known as Wolf Preserve.  Vote Record - Resolution RES-2018-728  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  2018-729 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Local Law Rental Permits 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” and Southold Town Meeting Agenda - July 31, 2018 Page 27 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be 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 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 Southold Town Meeting Agenda - July 31, 2018 Page 28 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; Code Enforcement Officer. 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. Southold Town Meeting Agenda - July 31, 2018 Page 29 A. Any property subject to the requirements of this chapter shall comply with all 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. Southold Town Meeting Agenda - July 31, 2018 Page 30 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 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 Southold Town Meeting Agenda - July 31, 2018 Page 31 and regulations. C. Rental permit requirements. 1. Rental permit applications shall be in writing on a form provided by the Town 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. Southold Town Meeting Agenda - July 31, 2018 Page 32 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 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 Southold Town Meeting Agenda - July 31, 2018 Page 33 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 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. III. 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. IV. 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-2018-729  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended James Dinizio Jr      Defeated Southold Town Meeting Agenda - July 31, 2018 Page 34 Tabled  William P. Ruland     Withdrawn  Jill Doherty      Supervisor's Appt Robert Ghosio      Tax Receiver's Appt  Rescinded Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2018-730 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Local Law - Helicopters WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk rd County, New York, on the 3 day of July, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280, ‘Zoning’ with regard to Helicopters” 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 will be given an opportunity to be heard, now therefor be it. RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, ‘Zoning’ with regard to Helicopters” reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, ‘Zoning’ with regard to Helicopters”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To modify and clarify certain provision of the Town Code as it pertains to helicopters in order to better protect the quality of life enjoyed by Southold Town residents. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. \[Amended 3-14-1989 by L.L. No. 3-1989\] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no Southold Town Meeting Agenda - July 31, 2018 Page 35 building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. \[Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010\] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: \[Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010\] C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280- 15 herein: (12) Use of aircraft in agricultural operations, provided that: (a) the use has been granted a special exception from the Zoning Board of Appeals. (b) in addition to the criteria for a special exception set forth in §§ 280-142 7 143, the ZBA shall considering the following criteria: (1) the anticipated frequency of flights (2) the location of the proposed landing and take-off zone (3) the location of residences (4) the type of aircraft being used (c) Notwithstanding the forgoing, the use of aircraft shall be limited to spraying crops, surveying, fields and transporting employees and shall not be used for transporting non-employees to and from the subject premises. Article XXII. Supplementary Regulations § 280-111. Prohibited uses in all districts. \[Amended 11-24-1992 by L.L. No. 26-1992; 8-8-2006 by L.L. No. 7-2015; 8-25-2015 by L.L. No. 7-2015\] C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D The following processes: (1) Nitrating of cotton or of other materials. Southold Town Meeting Agenda - July 31, 2018 Page 36 (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance or hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of-way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient rental properties. K. Aircraft prohibited. 1. Helicopters prohibited. No person, firm or corporation, except those with prior valid approvals, shall land or cause to be landed, take off or cause to take off or taxi any helicopter on or from the waters, beaches or on any land within the Town of Southold. 2. Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any seaplane on or from the waterways under the jurisdiction of the Town of Southold Board of Trustees. 3. This ordinance shall not apply to Town owned airfields, medical or police emergency landings and takeoffs or aircraft involved in medical or military emergencies, or aircraft involved in operations involving public health and safety. 4. This ordinance shall not apply to the use of aircraft as an accessory use to Southold Town Meeting Agenda - July 31, 2018 Page 37 agricultural production as set forth in section 280-13(c)(12). 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-2018-730 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 7/31 7:30 Pm - Rental Permit 2. PH 7/31 7:31 Pm - LL Chapter 280 Helicopters