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Home My WebLink AboutTB-06/05/2018 ELIZABETH A.NEVILLETown Hall,53095 Main Road TOWN CLERK ��OSlaFF04CoGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�ipl �ao� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southol dtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING June 5, 2018 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 5, 2018 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on June 5, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization ? Title Status Arrived James Dinizio Jr ? Town of Southold j Councilman Present William P. Ruland Town of Southold j Councilman ra_ Present Jill Doherty Town of Southold Councilwoman ! Present Robert Gh_osio Town of Southold _Councilman_ Present Louisa P. Evans Town JustPresent of Southold ice ; F _.._. _. __...._m. f. ._ , S .__ ____... _... __. __. __. Scott A. Russell ; Town of Southold upervisor i Present I. Reports 1. Zoning Board of Appeals Monthly Report 2. Department of Solid Waste Monthly Reports 3. Department of Public Works Monthly Reports II. Public Notices 1. NYS Liquor Licenses III. Communications Public Hearing 1. Set Public Coastal Erosion Appeal of Southold Sunsets Holdings,LLC History: 06/05/18 Town Board ADJOURNED Next: 06/19/18 Page 1 Southold Town Board Regular Meeting June 5, 2018 page 2 RESULT: ADJOURNED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell IV. Discussion 1. 9:00 Am - Public Hearing 2. 9:15 Am - Michael Collins, Jeff Standish and Denis Noncarrow 3. 9:30 Am -Lynn Nyilas 4. 9:45 Am - Jim Bunchuck 5. Councilman Ghosio 6. Councilman Ruland 7. Councilman Ruland and Denis Noncarrow Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:18 AM for the purpose of discussing the following matters: RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:James Dinizio Jr, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 8. EXECUTIVE SESSION -Labor- Matters Involving the Employment of a Particular Person(S) 9. EXECUTIVE SESSION -Proposed Acquisition, Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:10 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Russell Southold Town Board Regular Meeting June 5, 2018 page 3 SUPERVISOR RUSSELL: Please rise and join in the Pledge to the Flag. Thank you. We have public hearings scheduled, we will take comments on those proposals when we convene that later. In the meantime, if anyone wants to comment on any of the agenda items, please feel free. Chris? Chris Baiz CHRIS BAIZ: Thank you, Supervisor Russell. Good evening, members of the Town Board. With regard to resolution 2018-521, it is with regret that the Agricultural Advisory Committee has received the resignation of Lou Carraciolo. Lou was an outstanding member of the committee, very thoughtful, very patient, very knowledgeable and brought an extra level of expertise to the committee. Obviously time constraints for anybody's business but certainly his business has prevented him from attending more frequently. I just wanted to say on behalf of the Ag Advisory Committee, we are sorry that Lou is leaving the committee. we hope that with his skill sets that he will still continue to come to meetings when he can and actively provide his input. Supervisor Russell SUPERVISOR RUSSELL: Thank you, well said, Chris. I worked with Lou on a variety of issues on and off over the years and he has always been a real gentleman and a pleasure to work with. I am going to ask everyone, my oversight I should have done this a minute ago, would everybody please rise for a moment of silence for William Cremers, who passed away. He served on numerous committees in the town for probably the last 30 years. Would anyone like to comment on any of the agenda items? (No response) Moment of Silence William Cremers V. Resolutions 2018-516 CATEGORY. Audit DEPARTME,NT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 5, 2018. ✓Vote Record-Resolution RES-2018-516 0 Adopted - ---- - — — ❑ Adopted as Amended - Yes/Aye No/Nay Abstain Absent ElDefeated James Dinizio Jr Voter 0 11 ❑ ❑ ❑ Tabled William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn .till Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 2 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 121 ❑ 0 ❑ Southold Town Board Regular Meeting June 5, 2018 page 4 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-517 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, June 19, 2018 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 P. M.. ✓Vote Record-Resolution RES-2018-517 Z Adopted ❑ Adopted as Amended ❑ Defeated -,- Yes/Aye No/Nay Abstain Absent ❑ Tabled __ _ ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter D ❑ ❑ ❑ ❑ Taz Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-518 CATEGORY.• Employment-Town DEPARTMENT. Recreation Seasonal Employee Salary Schedule 2018 Resolved that the Town Board of the Town of Southold establish the following seasonal employee salary schedule for 2018 summer employees of the Recreation Department as follows: STILLWATER LIFEGUARDS 1 st year..................................................................... $13.02/hour 2ndyear..................................................................... $13.31/hour Southold Town Board Regular Meeting June 5, 2018 page 5 3rd year..................................................................... $13.61/hour 4th year..................................................................... $13.90/hour 5th year..................................................................... $14.20/hour 6th year..................................................................... $14.49/hour 7th year..................................................................... $14.79/hour 8th year..................................................................... $15.08/hour 9th year...................................................................... $15.3 8/hour BEACH ATTENDANTS 1 st year.................................................................. $10.08/hour 2nd year..................................................................... $10.25/hour 3rd year..................................................................... $10.43/hour 4thyear..................................................................... $10.60/hour 5thyear..................................................................... $10.79/hour 6th year..................................................................... $10.96/hour 7th year..................................................................... $11.15/hour 8th year..................................................................... $11.34/hour 9thyear ..................................................................... $11.53/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1 st year..................................................................... $17.73/hour 2nd year..................................................................... $18.00/hour 3rd year..................................................................... $18.26/hour 4th year..................................................................... $18.53/hour 5thyear..................................................................... $18.80/hour 6thyear..................................................................... $19.07/hour 7thyear..................................................................... $19.33/hour 8th year..................................................................... $19.60/hour 9thyear ..................................................................... $19.87/hour ASSISTANT BEACH MANAGERS 1 st year..................................................................... $13.61/hour 2ndyear..................................................................... $13.90/hour 3rd year..................................................................... $14.20/hour 4th year..................................................................... $14.49/hour 5thyear..................................................................... $14.79/hour 6thyear..................................................................... $15.08/hour 7th year ............................................... $15.38/hour 8thyear..................................................................... $15.67/hour 9thyear ..................................................................... $15.97/hour Southold Town Board Regular Meeting June 5, 2018 page 6 BEACH MANAGERS 1 st year..................................................................... $14.49/hour 2ndyear..................................................................... $14.81/hour 3rd year..................................................................... $15.13/hour 4thyear..................................................................... $17.45/hour 5thyear..................................................................... $17.77/hour 6thyear..................................................................... $18.09/hour 7thyear..................................................................... $18.41/hour 8th year..................................................................... $18.73/hour 9th year...................................................................... $19.06/hour And be it further resolved that the Town Board of the Town of Southold authorize the issuance of free beach parking permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Lifeguard Trainer, Assistant Beach Manager, Beach Manager, and Recreation Supervisor Janet Douglass. ✓Vote Record-Resolution RES-2018-518 El Adopted ❑ Adopted as Amended ❑ Defeated - — - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled - _._ _, - ❑ Withdrawn James Dimzio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ; Seconder Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter d ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-519 CATEGORY.• Employment-Town DEPARTMENT. Recreation Hire Seasonal Employees-Recreation Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2018 seasonal summer staff for the period June 23 - September 3 (Beach Managers June 7 - September 7) pending successful background search and certification completion as follows: Southold Town Board Regular Meeting June 5, 2018 page 7 STILLWATER LIFEGUARDS HOURLY SALARY 1. John Bertschi (1 st year)......................................... $13.02 2. Markis Croteau (5th year)...................................... $14.20 3. Kaitlyn Driscoll (2nd year)................................................. $13.31 4 Timothy Fabio (3rd year)..................................... $13.61 5. Erin Feeney (2nd year)...................................................... $13.31 6. Gerard Feeney (1 st year)...................................... $13.02 7. Alison Griffin(1st year)....................................... $13.02 8. Jeffrey Hauser(4th year)...................................... $13.90 9. Pawel Klibisz (1st year)....................................... $13.02 10.E Caroline Madigan (1 st year) ................................. $13.02 11. Georgia Malo (1st year)....................................... $13.02 12. Constantine Markotsis (3rd year)............................ $13.61 13. Chelsea Marlborough (2nd year)............................ $13.31 14. Sarah McCormack(3rd year)........................................... $13.61 15. Emily Mowdy (2nd year).................................................. $13.31 16. Julia Orlando (7th year)....................................... $14.79 17. Courtney Penny (4th year)..................................... $13.90 18. Matthew Popkin (2nd year)................................... $13.31 19. Meghan Riley (2nd year).................................................... $13.31 20 Alaina Robins (3rd year)..................................... $13.61 21. Ally Robins (4th year)........................................ $13.90 22. Grace Syron(2nd year).................................................... $13.31 23. Keegan Syron (2nd year).................................................. $13.31 24. Christina Tomao (1st year)................................... $13.02 25. Mia Vasile-Cozzo (2nd year)............................................ $13.31 26. Lucas Webb (3rd year)........................................ $13.61 BEACH ATTENDANTS 1. Andrew Crean(1 st year)...................................... $10.08 2. Gabrielle Dwyer(2nd year).............................................. $10.25 3. Van Karsten (2nd year)....................................... $10.25 4. Alex Krukowski (1st year).................................... $10.08 5. Anakin Mignone (2nd year).............................................. $10.25 6. Irene Papamichael (1st year)................................. $10.08 7. Sean Okula(4th year)........................................... $10.60 8. Lily Russell (1 st year).......................................... $10.08 9. Chris Siejka (2nd year)...................................................... $10.25 10. Emily Talbot (2nd year)....................................... $10.25 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1. Matthew Popkin (1st year)............................................. $17.73 2. Sarah McCormack (2nd year)......................................... $18.00 Southold Town Board Regular Meeting June 5, 2018 page 8 ASSISTANT BEACH MANAGERS 1. Julia Orlando (1 st year)................................................................. $13.61 BEACH MANAGERS 1. Craig Osmer(5th year)........................ ....................... $17.77 ✓Vote Record-Resolution RES-2018-519 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr . Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ 0 ❑ ❑ No Action ❑ Lost 2018-520 CATEGORY.• Petty Cash DEPARTMENT. Recreation Petty Cash for Summer Seasonal Employees RESOLVED that the Town Board of the Town of Southold hereby authorizes Southold Town beach attendants (10 employees) and beach managers (2 employees) to be supplied with a petty cash fund in the amount of$100.00 per person to enable them to make change for non-resident daily beach permits. All employees will be required to return this petty cash to the Town Clerk's office at the conclusion of the beach season. Check in the amount of$1200.00 to be made payable to Janet Douglass; said charge to be made to A210, Petty Cash. ✓Vote Record-Resolution RES-2018-520 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated - - James Dmizio Jr ' Voter 121 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn William P Roland Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting June 5, 2018 page 9 ❑ Lost 2018-521 CATEGORY. Committee Resignation DEPARTMENT. Town Clerk Resignation-Ag Adv. Committee RESOLVED that the Town Board of the Town of Southold hereby accepts with regret, the resignation of Louis Caracciolo, Jr as a member of the Agricultural Advisory Committee effective immediately. ✓Vote Record-Resolution RES-2018-521 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Ia ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter d ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter R1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-522 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Solid Waste Management District Materials Hauling Services Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a two (2) year services contract with a one (1) year option with Power Crush, Inc. commencing May 19, 2018 for Materials, Hauling and Disposal Services as set forth in the May 3, 2018 bid, subject to the approval by the Town Attorney. ✓Vote Record-Resolution RES-2018-522 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter Rl ❑ ❑ ❑ 0 Withdrawn Robert Ghosio Mover 2 0 ❑ 11 Southold Town Board Regular Meeting June 5, 2018 page 10 ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-523 CATEGORY. Surplus Equip-Non Usable DEPARTMENT.• Zoning Board of Appeals ZBA -Surplus Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment, and be it further RESOLVED,that the Town Board authorizes the disposal of same as they are unusable and obsolete. Equipment Type Asset Class Acquisition Date Lanier Transcriber 1444 037 1/1/1984 Foot pedals (2) Microphone (2) Tape Eraser -/Vote Record-Resolution RES-2018-523 0 Adopted ❑ Adopted as Amended ❑ Defeated — - - - - - -- ❑ Tabled — Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-524 Southold Town Board Regular Meeting June 5, 2018 page 11 CATEGORY. Employment-Town DEPARTMENT. Accounting Acknowledges the Intent to Retire Peter J. Doherty RESOLVED that the Town Board of the Town of Southold hereby acknowledlies the intent to retire of Peter J. Doherty from the position of Code Enforcement Officer for the Town Attorney's Office, effective June 30, 2018 ✓Vote Record-Resolution RES-2018-524 0 Adopted ❑ Adopted as Amended ❑ Defeated - — - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-525 CATEGORY: Attend Seminar DEPARTMENT: Accounting Permission to Attend Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Comptroller, Kristie Hansen-Hightower to attend a meeting of the New York Government Finance Officers' Association Board of Governors meeting in Albany,New York, on June 15, 2018. Any expenses for meals and travel to be a legal charge to the 2018 budget (A.1310.4.600.300 Travel Reimbursement). ✓Vote Record-Resolution RES-2018-525 0 Adopted ❑ Adopted as Amended Yes/Aye I No/Nay Abstain Absent ❑ Defeated - James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt till Doherty Voter 0 ❑ ❑ 11 ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder 0 ❑ ❑ 11 ❑ Town Clerk's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting June 5, 2018 page 12 ❑ Lost 2018-526 CATEGORY Y. Contracts, Lease&Agreements DEPARTMENT. Fishers Island Ferry District FIFD-Airport Management 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 14, 2018 in regard to a contract with Mr. Bruce Hubert to manage the airport. ✓Vote Record-Resolution RES-2018-526 R1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Ir Voter 0 ❑ ❑ ❑ El Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter � 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-527 CATEGORY.- Attend Seminar DEPART31ENT. Public Works TCIA Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Tim Abrams to attend a seminar on tree trimming safety presented by TCIA in Great River, NY on June 15, 2018. All expenses for registration, travel to be a legal charge to the budget (meetings and seminars). The seminar is free, parking is eight dollars. ✓Vote Record-Resolution RES-2018-527 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter d ❑ ❑ ❑ ❑ Defeated William P Ruland Voter El ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter z ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 0 0 0 0 Southold Town Board Regular Meeting June 5, 2018 page 13 ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-528 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk New Suffolk Civic Assoc. 4Th of July Parade Financial Impact:Police Department Cost for Event =$383.39 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Civic Association to use the following route for its 4th of July Parade in New Suffolk, on July 4, 2018 at 11:00 AM; participants will march down New Suffolk Road,New Suffolk Avenue, First Street and on to the Town Beach,provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. Failure to comply with the conditions of the policy will result in the forfeiture of the cleanup deposit. All other fees are waived. ✓Vote Record-Resolution RES-2018-528 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-529 CATEGORY. Employment-FIFD DEPARTMEI'VT. Accounting Appoint Alexander Williams Part Time Laborer Southold Town Board Regular Meeting June 5, 2018 page 14 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 29, 2018 that appoints Alexander Williams to the position of part time Laborer effective June 6, 2018 at a rate of$12.50 per hour. ✓Vote Record-Resolution RES-2018-529 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled � ❑ Withdrawn _ _ Tames Dmizio Jr Voter ❑ _ El ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 El El ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-530 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Seasonal FT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 29 2018 that reads as follows: WHEREAS the Ferry District requires additional full-time Deckhands (FIFD) during the peak season between May 15, 2018, and September 16, 2018; Therefore it is RESOLVED to temporarily appoint with effect June 6, 2018 Evan Spohn as a summer seasonal Deckhand (FIFD). On September 15, 2018, Evan Spohn will terminate his summer seasonal position and on September 16, 2018 be re-appointed to part-time Deckhand (FIFD). ✓Vote Record-Resolution RES-2018-530 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt, Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter D ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting June 5, 2018 page 15 2018-531 CATEGORY.- Employment-FIFD DEPARTi E,NT. Accounting Fishers Island Longevity Michael Franco RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 29, 2018 that approved Michael Franco's longevity increase effective June 17, 2018. ✓Vote Record-Resolution RES-2018-531 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _, � _ ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-532 CATEGORY.- Employment-FIFD DEPARTMENT: Accounting Accept Resignation of Joshua Davis RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 29, 2018 that accepts the resignation effective May 31, 2018 of Joshua Davis, part time Deckhand (FIFD) for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2018-532 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 1 D ❑ ❑ ❑ ❑ Defeated William P Roland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ 0 Supervisor's Appt Louisa P Evans Seconder 0 0 ❑ 0 Southold Town Board Regular Meeting June 5, 2018 page 16 ❑ Tax Receiver's Appt Scott A Russell Voter 1 2 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-533 CATEGORY.• Employment-FIFD DEPARTMENT. Accounting Appoint Jasmin McCarthy Part Time Clerk RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 29, 2018 that appoints Jasmin McCarthy to the position of part time Clerk at a rate of$12.50 per hour effective June 6, 2018. ✓Vote Record-Resolution RES-2018-533 Q Adopted ❑ Adopted as Amended ❑ Defeated - ----_--___ _____.._.__ __�_______.__ ____..___ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr i Mover ❑ ❑ ❑ _ ❑ Supervisor's Appt William P Ruland Voter LSI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ 11 El ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-534 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Accept Resignation of Shyanne Dickson and Cory Anderson RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 29, 2018 that accepts the resignation effective May 312018 of Shyanne Dickson and Cory Anderson from their positions of Student Intern I and Freight Agent (FIFD) respectively with the Fishers Island Ferry District. Southold Town Board Regular Meeting June 5, 2018 page 17 ✓Vote Record-Resolution RES-2018-534 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled --Yes/Aye No/Nay ' , Abstain Absent ❑ Withdrawn James Dimzio Jr Voter 0 ❑ i ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-535 CATEGORY. Bond DEPARTMENT. Town Clerk Bond-FI Salt Barn BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 5, 2018, AUTHORIZING THE CONSTRUCTION OF A SALT STORAGE FACILITY, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $80,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $80,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct a salt storage facility. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $80,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of not to exceed $80,000 to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of not to exceed $80,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance said appropriation. Southold Town Board Regular Meeting June 5, 2018 page 18 Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized is at least ten (10) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years after the date of original issuance of said bonds or notes. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Southold Town Board Regular Meeting June 5, 2018 page 19 Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times, " a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. EXHIBIT A LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on June 5, 2018 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A.NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 5, 2018, AUTHORIZING THE CONSTRUCTION OF A SALT STORAGE FACILITY, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $80,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $80,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is to construct a salt storage facility, at the estimated cost of$80,000. The maximum amount of obligations authorized to be issued is $80,000. The period of probable usefulness applicable to the object or purpose for which said bonds are authorized is at least ten (10) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years after the date of original issuance of said bonds or notes. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. ✓Vote Record-Resolution RES-2018-535 d Adopted -- Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Voter ❑ ❑ ❑ ❑ Tabled William P Ruland Mover 2 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter D 0 0 0 Southold Town Board Regular Meeting June 5, 2018 page 20 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-536 CATEGORY. Property Usage DEPARTMENT. Recreation Temporary Parking Permit- Outdoor Recreation Program RESOLVED that the Town Board of the Town of Southold hereby grants permission to the participants of the Recreation Department's Lifeguard Certification Course to park at Southold Town Beach on June 18 & June 19, 2018 and these vehicles shall be exempt from the Southold Town parking fees on those dates provided the cars are displaying a temporary parking permit. Dates and location will be confirmed with Chief Martin Flatley and for instructions for the proper placement of the permits. ✓Vote Record-Resolution RES-2018-536 IZ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ 11 Supt Hgwys Appt Scott A Russell Voter CEJ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-537 CATEGORY. Advertise DEPARTMENT, Human Resource Center Readvertise for Maintenance Mechanic I RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerks office to readvertise for two weeks for a part time Maintenance Mechanic I for the Community Services Program for the Elderly-Residential Repair Program at the Human Resource Center. Southold Town Board Regular Meeting June 5, 2018 page 21 ✓Vote Record-Resolution RES-2018-537 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter p ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter IZI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder; Z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-538 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 David Koehler, 8 Verton Court, East Northport,NY 11731 in the amount of$40.00 for the purchase of resident parking and trailer permits online. ✓Vote Record-Resolution RES-2018-538 0 Adopted ❑ Adopted as Amended ❑ Defeated — - - ❑ Tabled — Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter LTJ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-539 CATEGORY Y. Legal DEPARTMENT. Town Attorney Trailer Application-Kelly Southold Town Board Regular Meeting June 5, 2018 page 22 WHEREAS, Francis and Elizabeth Kelly have made an application for a Trailer Permit to place a trailer at 1900 Peconic Bay Blvd, Laurel NY, and WHEREAS, the proposed use of the trailer as applied for is inconsistent with the Town's Policy Regarding Trailer Permits, and now therefore be it RESOLVED,the application of Francis and Elizabeth Kelly is hereby denied. ✓Vote Record-Resolution RES-2018-539 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ___ ___.___ ___-__ - _ ❑ Withdrawn James Dmizio Jr Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-540 CATEGORY. Public Service DEPARTMENT.• Town Clerk Youth Bureau Movie Night RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Movies in the Moonlight, Inc. in connection with the equipment rental in an amount not to exceed $1,500.00 total for the Town's Youth Bureau Family Movie Night to be held on July 10, 2018 at 8:00 pm at the 5th Street Park, Greenport and August 10, 2018 at 8:00 pm at Tasker Park, Peconic Lane, Peconic, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-540 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn William P Ruland Mover 0 ❑ 11 ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting June 5, 2018 page 23 ❑ Lost 2018-541 CATEGORY.- Public Service DEPARTMENT. Town Clerk Exhibition Request for Movie Night RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Exhibition Request Form with Swank Motion Pictures, Inc. fulfilling Federal copyright requirements in connection with the Town's Youth Bureau Family Movie Night featuring Despicable Me 3 to be held on July 13, 2018 at 5th Street Park, Greenport and Coco to be held on August 10, 2018 at Tasker Park, Peconic Lane, Peconic, subject to the approval of the Town Attorney; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes payment to Swank Motion Pictures, Inc. in the sum of$926.00 representing their licensing fee for said Family Movie Night. ✓Vote Record-Resolution RES-2018-541 Rl Adopted ❑ Adopted as Amended ❑ Defeated ---- — - Yes/Aye No/Nay Abstain Absent ❑ Tabled _ 11Withdrawn James Dmizio Jr Voter Ef ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder CSI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-542 CATEGORY. Employment-Town DEPARTMENT. Accounting Amend Resolution 2018-494 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2018- 494 adopted on May 22, 2018 to read as follows: Southold Town Board Regular Meeting June 5, 2018 page 24 RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Crean to the position of Student Intern II in the Assessors Office at a rate of$15.00 per hour, said appointment starting on June 25, 2018 and ending August 31, 2018, pending background search completion. ✓Vote Record-Resolution RES-2018-542 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent 11 Withdrawn lames Dmizio Jr Voter 121 ❑ El ❑ Supervisor's Appt William P Ruland Voter lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Ef ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-543 CATEGORY. Employment-FIFD DEPARTHEA"T.• Accounting Wage Rate Increases RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted May 29, 2018 that reads as follows: RESOLVED that the Board of Commissioners hereby ratifies and approves the 2018-2021 Stipulation of Agreement with the CSEA and authorizes the Ferry District negotiating team to execute all related documents. It is further RESOLVED to authorize management to -pay all covered employees retroactively from January 1, 2018 as required under the terms of the 2018-2021 Stipulation of Agreement with the CSEA in the amount totaling $7,626.51. It is further RESOLVED to increase by 2%, beginning May 24, 2018, the wage rates of all covered employees, to reflect the stipulated increase that began January 1, 2018. Pay Pay TOS Payment Rate Rate EMPLOYEE NAME EMPLOYEE# amount 2017 1.1.2018 BOEHM, Mark 15814 34.49 $12.61 $12.86 BRIDGMAN, Christopher 16466 $ 115.44 $12.50 $12.75 BRIDGMAN, Edward 16791 76.80 $14.17 $14.45 BROWN, Rodney 17606 $ $13.00 $13.26 Southold Town Board Regular Meeting June 5, 2018 page 25 91.00 CONARY, Steven 38461 57.75 $12.61 $12.86 CRAFT, Robert 27207 36.18 $23.12 $23.58 CURBELO, Karina 28425 14.44 $12.50 $12.75 DAVIS, Joshua 29642 $ -_ $11.82 $12.06 DENISON, David 31600 3.63 $12.50 $12.75 DORSETT, Kristopher 32701 $ 269.83 $16.09 $16.41 EAGAN, DANIEL 34899 $ 303.79 $18.18 $18.54 ESPINOSA,Nicholas 37626 $ 401.50 $23.49 $23.96 MORA, Michael 38115 $ 479.44 $29.00 $29.58 FORD, Polly 39096 $ 374.40 $21.85 $22.29 FRANCO, Michael 39179 $ 428.12 $27.36 $27.91 FREEMAN, Sarah 39639 93.88 $12.50 $12.75 GILMORE, Peter 40129 51.29 $13.00 $13.26 GURAL, John (Steve) 40557 $ 104.85 $19.15 $19.53 HARRING, Vince 40949 5.38 $12.50 $12.75 HEALY, Ryan 41442 $ 294.39 $18.00 $18.36 HEALY, Sean 41671 $ 104.50 $12.50 $12.75 HILLER, Jonathan 41900 $ 163.18 $24.40 $24.89 HILLER, Jonathan 41900 $ 182.43 $19.48 $19.87 KAMM, Steven 44816 $ 58.81 $12.50 $12.75 KIRBY, Mary 45577 $ - $18.00 LAVIN, Robert 44816 $ 379.61 $20.81 $21.22 LETTRICH, Chase 50524 $ 62.44 $12.50 $12.75 MARSHALL, George 57215 $ - $12.50 $12.75 MARSHALL, Jesse 57215 $ 486.47 $30.39 $31.00 MASON, Rhamir 57682 $ 249.80 $16.08 $16.40 MILLBAUER, Dawson 5.8029 $. - $12.50 $12.75 MINER, Ryan 58313 $ - $12.50 $12.75 MIRABELLI, Anthony 58369 $ 64.67 $29.00 $29.58 MORGAN, John 58676 $ 469.29 $29.00 $29.58 NEWELL, Christopher 62812 $ 58.31 $23.00 $23.46 NEWELL, Christopher 62812 $ 248.61 $18.18 $18.54 NORTON, Kevin 63105 $ 250.53 $16.08 $16.40 ORTIZ, Leonard 65578 $ 75.56 $12.50 $12.75 PARADIS, John 66110 $ 653.97 $35.34 $36.05 Southold Town Board Regular Meeting June 5, 2018 page 26 PEABODY, Hannah 67392 $ 15.31 $12.50 $12.75 RUFFIN, Amy 75068 $ 9.27 $15.08 $15.38 SASSO, ROBERT 75611 $ 62.94 $12.50 $12.75 SCROXTON, Derek 76848 $ 278.84 $17.00 $17.34 WATERS, Richard 83114 $ - $12.50 $12.75 WHITE,Nathan 83357 $ 120.75 $12.50 $12.75 WILCOX, Carlton 83356 $ 294.57 $17.00 $17.34 WORSENCROFT-SERINO, Anne 83358 $ 100.09 $15.00 $15.30 $ 7,626.51 ✓Vote Record-Resolution RES-2018-543 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye:No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 0 l7- b ❑ Supervisor's Appt William P Ruland Seconder M ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 13 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-544 CATEGORY. Property Usage DEPARTMENT. Town Clerk Group for the East End-Horseshoe Crabs RESOLVED that the Town Board of the Town of Southold hereby authorizes the issuance of seven (7) temporary parking permits for use on the following dates in 2018 for the purpose of horseshoe crab monitoring: May 31 June 11, 14, 16, 26, 29 July 1 ✓Vote Record-Resolution RES-2018-544 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover Lel ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 10 ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting June 5, 2018 page 27 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-545 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 Robert H. Doering, 335 Leon Road, Southold,NY 11971 in the amount of$20.00 for the purchase of resident parking permit. ✓Vote Record-Resolution RES-2018-545 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover RI ❑ i ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter EI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter CEJ i ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-546 CATEGORY. Employment-Town DEPARTMENT. Accounting Accepts Resignation of George G Lessard III RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of GeorlZe G. Lessard III from the position of School Crossina Guard for the Police Department effective June 1, 2018. ✓Vote Record-Resolution RES-2018-546 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P.Ruland Voter Rl ❑ ❑ ❑ 0 Tabled Jill Doherty Voter 0 0 0 0 Southold Town Board Regular Meeting June 5, 2018 page 28 ❑ Withdrawn Robert Ghosio Seconder IBJ ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-547 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 Jenna Qualizza 5/18/18 $250.00 Transaction Management Radar Productions 18 Bridge Street, #2B Brooklyn,NY 11021 Griswold Terry Glover 4/19/18 $250.00 PO Box 591 Southold,NY 11971 Orient Fire Department 3/29/18 $250.00 23300 Main Road Orient NY 11957 EventPower 6/30/17 $1,500.00 162 Long Island Avenue, #179 Holtsville,NY 11742 Southold Town Board Regular Meeting June 5, 2018 page 29 John Acquaro 1/22/18 $1,500.00 2539 Ocean Avenue Ronkonkoma,NY 11779 New Suffolk Waterfront Fund Inc 5/7/18 $250.00 PO Box 146 New Suffolk,NY 11956 ✓Vote Record-Resolution RES-2018-547 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent __. ._ , El Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ El ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-548 CATE,GOB Y.• Contracts,Lease&Agreements DEPARTMENT: Trustees Agreement with Greenport Village-Pump-Out Station RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute an inter-municipal agreement with the Village of Greenport regarding the supply of Town Pump Out Boat Services to the Village of Greenport during special events and times of emergency need, as well as the offload of effluent wastes for the Town Pump Out Boat at the Village of Greenport Pump Out Station for the period of June 1, 2018 to October 31, 2018, subject to approval by the Town Attorney. ✓Vote Record-Resolution RES-2018-548 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt 0 Supt Hgwys Appt Southold Town Board Regular Meeting June 5, 2018 page 30 ❑ No Action ❑ Lost 2018-549 CATEGORY.• Attend Seminar DEPARTMENT.• Accounting Seminar Attendance-Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower and Connie Solomon to attend a seminar on municipal finance in Riverhead, NY, on July 11, 2018. All expenses for registration and travel to be a legal charge to the 2018 budget (A.1310.4.600.200 Meetings and Seminars). ✓Vote Record-Resolution RES-2018-549 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-550 CATEGORY: Contracts,Lease&Agreements DEPARTMENT- Town Attorney Agreement with SC Real Property Tax Service Agency RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sub-License Agreement between the Town of Southold, the Suffolk County Real Property Tax Service Agency, and AKRF, INC, regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-550 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ 11 Southold Town Board Regular Meeting June 5, 2018 page 31 ❑ Defeated William P Roland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter p ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-551 CATEGORY• Employment-Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Lloyd Kalin 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 at the close of business June 29, 2018. ✓Vote Record-Resolution RES-2018-551 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - -- - - ----- ---- ❑ Withdrawn James Dimzio Jr Voter i 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter 21 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio ; Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 1 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-552 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoint Patrick Smith Automotive Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Patrick Smith to Southold Town Board Regular Meeting June 5, 2018 page 32 the position of an Automotive Equipment Operator for the Highway Department, effective July 5, 2018, at a rate of$24.6121 per hour, subject to pre-employment DOT testing requirements and background search completion. ✓Vote Record-Resolution RES-2018-552 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 D -❑ O__ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-553 CATEGORY. Employment-Town DEPARTiV1ENT: Accounting Accepts Resignation of Nicole Buckner RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Nicole Buckner from the position of Part Time Code Enforcement Officer for the Town Attorney's Office effective May 10, 2018. ✓Vote Record-Resolution RES-2018-553 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James DInIZIo Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-554 Southold Town Board Regular Meeting June 5, 2018 page 33 CATEGORY. Budget Modification DEPARTMENT: Human Resource Center HRC Budget Modification Financial Impact: To reclass budgeted motor vehicle repair funds to cover motor vehicle parts. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town Programs for the Aging budget as follows: From: Appropriations: A.6772.4.400.650 Vehicle Maintenance & Repairs $2,000.00 Total $2,000.00 To: Appropriations: A.6772.4.100.500 Motor Vehicle Parts & Supplies $2,000.00 Total $2,000.00 ✓Vote Record-Resolution RES-2018-554 Z Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn James Dmizio Jr Voter I�j ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ; 10 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-555 CATEGORY: Budget Modification DEPARTMENT.• Solid Waste Management District SWMD Budget Mod Financial Impact:Provide authorization for repairs to CBI grinder radiator. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows: Southold Town Board Regular Meeting June 5, 2018 page 34 From: SR 8160.4.100.596 Maint/Supplies CBI Grinder $2,700 Total $2,700 To: SR 8160.4.400.665 Repairs—CBI Grinder $2,700 Total $2,700 ✓Vote Record-Resolution RES-2018-555 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ ___ _ O - ❑ ❑ Supervisor's Appt William P.Ruland Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-556 CATEGORY.- Budget Modification DEPARTMENT.- Accounting 2018 Budget Modification-Zoning/Publicity Financial Impact:Reallocate budget for chair increase and NFpromotion committee RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town and Part Town Budgets as follows: From A.1620.4.400.700 Buildings & Grounds, Building Rentals $25,000 Total $25,000 To: A.6410.4.400.100 Publicity, Town Promotion Committee $25,000 Total $25,000 From: B.9060.8.000.000 Medical Insurance,NYSHIP $ 5,000 Total $ 5,000 To: Southold Town Board Regular Meeting June 5, 2018 page 35 B.8010.1.200.100 Zoning, Part Time Regular Earnings $ 5,000 Total $ 5,000 ✓Vote Record-Resolution RES-2018-556 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled _ ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover i Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action T ❑ Lost 2018-557 CATEGORY.- Employment-Town DEPARTMENT: Accounting Appoint Gus Klavas Custodial Worker I RESOLVED that the Town Board of the Town of Southold hereby appoints Gus Klavas to the position of Custodial Worker I for the Department of Public Works, effective June 7, 2018 at a rate of$41,482.84 per year. ✓Vote Record-Resolution RES-2018-557 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q 11 ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-558 CATEGORY.• Bid Acceptance Southold Town Board Regular Meeting June 5, 2018 page 36 DEPARTAIENT. Town Clerk Accept Bid for Solar Panels RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of SUNation Solar Systems for the Southold Animal Shelter Solar Project in the amount of$564,752.00 all in accordance with the Town Attorney and be it further RESOLVED that Supervisor Scott A. Russell is hereby authorized to enter into contract with SUNation for this project. ✓Vote Record-Resolution RES-2018-558 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover El ❑ ElEl ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ El ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-559 CATEGORY• Employment-Town DEPARTMENT. Accounting Planning Board Appointment 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. ✓Vote Record-Resolution RES-2018-559 0 Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting June 5, 2018 page 37 2018-560 CATEGORY Y. Employment-Town DEPARTMENT: Accounting 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. ✓Vote Record-Resolution RES-2018-560 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-561 CATEGORY: Contracts, Lease&Agreements DEPARTMENT.• Town Attorney SC Aging-Elderly Residential Repair RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Elderly Residential Repair Program for the period April 1, 2018 through March 31, 2019, with an option, to be exercised at the County's discretion, to September 30, 2019, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-561 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder 21 0 ❑ 0 Southold Town Board Regular Meeting June 5, 2018 page 38 ❑ Supervisor's Appt Louisa P Evans Mover l ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter LSI ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-562 CATEGORY.• Seqra DEPARTMENT: Town Attorney Phase H Bay to Sound Project SEQRA WHEREAS the Town Board of the Town of Southold is considering Phase I1 of the Bay to Sound Project which proposes to expand the existing network of public trails and opening up an additional 155 acres of public space to the public; and WHEREAS the Town Board declares that it is lead Agency and there is no other involved agency and that the proposed action is an Unlisted Action, all pursuant to SEQRA Rules and Regulations 6 NYCCR 617.1 et. seq. and Chapter 130 of the Southold Town Code; and WHEREAS, a Short Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented; WHEREAS, a Notice of Determination was prepared by Assistant Planning Director Mark Terry on May 24, 2018; and WHEREAS, the Notice of Determination stated "no significant adverse impacts to the environment are expected to occur should the project be implemented as planned", and; therefore be it RESOLVED, that the Town Board hereby adopts a NEGATIVE DECLARATION on the ground that the proposed project will not have any significant adverse environmental impacts pursuant to SEQRA Rules and Regulations. ✓Vote Record-Resolution RES-2018-562 0 Adopted — --- — ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter lZ ❑ ❑ ❑ ❑ Tabled William P Ruland Voter lZ ❑ ❑ ❑ 1.❑ Withdrawn Jill Doherty Voter 21 0 ❑ 0 Southold Town Board Regular Meeting June 5, 2018 page 39 ❑ Supervisor's Appt Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 2 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-563 CATEGORY.• Contracts,Lease &Agreements DEPARTHEArT.• Town Attorney Piggyback Consent Form- Western Suffolk BOCES&Apple RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a"Piggyback Consent Form"to allow the Town to purchase Apple equipment from the Purchase Agreement between Western Suffolk BOCES and Apple, Inc., all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-563 Rl Adopted ❑ Adopted as Amended ❑ Defeated — — - --- — ---- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover 21 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ El ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter lZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter CSI ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-564 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk ENACT Local Last,-Chapter 189 Parking WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 24th day of May, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 189, Parking, in connection with Trailer Permits" Southold Town Board Regular Meeting June 5, 2018 page 40 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, so 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 189, Parking, in connection with Trailer Permits" reads as follows: LOCAL LAW NO. 2018 § 189-3 Parking permits. [Amended 5-25-1971; 5-9-1972; 3-25-1975 by L.L. No. 1-1975; 12-28-1982 by L.L. No. 9- 1982; 12-28-1984 by L.L.No. 10-1984; 7-14-1987 by L.L. No. 11-1987; 10-23-1990 by L.L. No. 21-1990; 11-24-1992 by L.L. No. 19-1992; 10-18-1994 by L.L. No. 21-1994; 2-23-1995 by L.L.No. 4-1995; 4-14-1998 by L.L.No. 5-1998; 7-17-2007 by L.L. No. 17-2007; 8-10-2010 by L.L.No. 8-2010; 9-26-2017 by L.L. No. 13-2017; 11-8-2017 by L.L. No. 17-2017] Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: H. Resident's Temporary Ramp/Road End Use Pass (1) Notwithstanding the provisions set forth in § 189-3G, town residents may apply for a Resident's Temporary Ramp/Road End Use Pass to allow for the launching of a boat at the boat ramp or road end locations set forth in 189-2B or C. (2) Persons applying for the Resident's Temporary Ramp/Road End Use Pass shall be required to meet the same requirements set forth in & 189-3A. A resident applying for a pass shall present an application in affidavit form and submit for inspection: (a) Proof of residency as set forth in 4 189-3A (b) A valid New York State Registration for the boat to be covered by Resident's Temporary Ramp/Road End Use Pass. The boat to covered by the pass must be registered to the resident applying for the pass. () The pass shall contain the resident's name, the New York State Registration number for the boat, and length of the boat and the dates for which the pass is valid. (4) The pass shall be displayed on the dashboard of the tow vehicle and shall be produced for inspection upon the request of any Town employee or official acting in their official capacity. (5) The pass shall be valid for a fourteen (14) day period. (6) The fee for a Resident's Temporary Ramp/Road Permit shall be set from time by time by resolution of the Town Board. Southold Town Board Regular Meeting June 5, 2018 page 41 H.I. Commercial boat hauler/launcher permit. Any business engaged in the launching of transporting and/or launching boats shall be required to obtain a commercial boat hauler permit. I.J. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to § 189-2G is hereby created: 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-2018-564 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Voter 0 ❑ ❑ 11 ❑ Supervisor's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 121 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-568 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 County,New York, on the 81h 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 Southold Town Board Regular Meeting June 5, 2018 page 42 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 Fork 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 Southold Town Board Regular Meeting June 5, 2018 page 43 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 Southold Town Board Regular Meeting June 5, 2018 page 44 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, 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. I 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 Southold Town Board Regular Meeting June 5, 2018 page 45 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. 4207-5 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. X207-6 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 subiect 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. 4207-7 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. Southold Town Board Regular Meeting June 5, 2018 page 46 4207-8 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. A 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 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. O 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 Southold Town Board Regular Meeting June 5, 2018 page 47 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 (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. Southold Town Board Regular Meeting June 5, 2018 page 48 §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. X207-10 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 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. X207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. Southold Town Board Regular Meeting June 5, 2018 page 49 X207-12 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 4 10(1)(ii) a(9-a) and 4 10(1)(ii)d(3) and pursuant to 4 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. 4207-13 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 ❑ Adopted as Amended ❑ Defeated Q Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Next:6/19/18 4:30 PM Southold Town Board Regular Meeting June 5, 2018 page 50 VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 1. PH 6/5 7:31 Pm - Chapter 189 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 24t" day of May, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 189, Parking, in connection with Trailer Permits" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 5th day of June,2018 at 7:31 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 an Amendment to Chapter 189, Parkinjj, in connection with Trailer Permits" reads as follows: LOCAL LAW NO. 2018 § 189-3 Parking permits. [Amended 5-25-1971; 5-9-1972; 3-25-1975 by L.L.No. 1-1975; 12-28-1982 by L.L. No. 9- 1982; 12-28-1984 by L.L. No. 10-1984; 7-14-1987 by L.L.No. 11-1987; 10-23-1990 by L.L. No. 21-1990; 11-24-1992 by L.L.No. 19-1992; 10-18-1994 by L.L. No. 21-1994; 2-23-1995 by L.L. No. 4-1995; 4-14-1998 by L.L.No. 5-1998; 7-17-2007 by L.L.No. 17-2007; 8-10-2010 by L.L. No. 8-2010; 9-26-2017 by L.L.No. 13-2017; 11-8-2017 by L.L. No. 17-2017] Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: H. Resident's Temporary Ramp/Road End Use Pass (1) Notwithstanding the provisions set forth in tZ 189-3G, town residents may apply for a Resident's Temporary Ramp/Road End Use Pass to allow for the launching of a boat at the boat ramp or road end locations set forth in 189-213 or C. (2) Persons applying for the Resident's Temporary Ramp/Road End Use Pass shall be required to meet the same requirements set forth in § 189-3A. A resident applying for a pass shall present an application in affidavit form and submit for inspection: Southold Town Board Regular Meeting June 5, 2018 page 51 (a) Proof of residency as set forth in � 189-3A O A valid New York State Registration for the boat to be covered by Resident's Temporary Ramp/Road End Use Pass. The boat to covered by the pass must be registered to the resident applying for the pass. (3) The pass shall contain the resident's name, the New York State Registration number for the boat, and length of the boat and the dates for which the pass is valid. (4) The pass shall be displayed on the dashboard of the tow vehicle and shall be produced for inspection upon the request of any Town employee or official acting in their official capacity. (5) The pass shall be valid for a fourteen (14) day period. (6) The fee for a Resident's Temporary Ramp/Road Permit shall be set from time by time by resolution of the Town Board. H.I. Commercial boat hauler/launcher permit. Any business engaged in the launching of transporting and/or launching boats shall be required to obtain a commercial boat hauler permit. I.J. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to § 189-2G is hereby created: 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. I do have an affidavit of posting in the Suffolk Times as well as on the Town Clerk's bulletin board and that is it. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular local law? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland,Doherty, Ghosio, Evans, Russell 2. PH 6/5 7:32 Pm -LL - Rental Permits History: 06/05/18 Town Board ADJOURNED Next: 06/19/18 Southold Town Board Regular Meeting June 5, 2018 page 52 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8' day of May, 2018, a Local Law entitled "A Local Law in relation to Rental Permits" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 5th day of June 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 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. Southold Town Board Regular Meeting June 5, 2018 page 53 207-2 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. 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. Southold Town Board Regular Meeting June 5, 2018 page 54 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 subiect 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, 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. I Dwellings, structures and accessory structures shall be free of partitions or locked internal doors barring access between segregated portions of the building or dwelling Southold Town Board Regular Meeting June 5, 2018 page 55 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. 4207-5 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 subiect to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. A 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. Southold Town Board Regular Meeting June 5, 2018 page 56 4207-7 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 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 Southold Town Board Regular Meeting June 5, 2018 page 57 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 followinIZ 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 (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. Southold Town Board Regular Meeting June 5, 2018 page 58 (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. 4207-9 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. 4207-10 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 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 Southold Town Board Regular Meeting June 5, 2018 page 59 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. 4207-12 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. I do have an affidavit of publication of noticing this hearing in the Suffolk Times. An affidavit of posting on the Town Clerk's bulletin board and on the Town's website. And I do have a letter of opposition and there are four of them, Mystic Isle Realty Inc. which is on Fishers Island. An email from Joshua Leuchtenburg and also from Hay Harbor Property Owners Association on Fishers Island and that is it. SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular local law? Southold Town Board Regular Meeting June 5, 2018 page 60 JOHN LADEMANN: I would like to know why you have to have your property surveyed, which it says in this law. And there's a lot of other things about the front lawn or your yard, if you don't have leaves. Why don't you go after people that are regular homes that don't do what they are doing, that don't cut their grass? I think why should somebody that is renting a place, we are trying to keep young people in town. I rent two places to young people, one is my grandson and another young fellow. What you are doing here, making me get surveys on property? I think it's ridiculous when your Assessor's office has it. And there's a lot of things in here that are ridiculous. PATRICIA MOORE: Short and sweet, thank you Mr. Lademann. I am a little longer because I am a lawyer, what the heck. There are really two major objections that I have, one is like Mr. Lademann points out which is the impact on the rental community because in particular we have difficulty having year round rentals in the community and what you are going to force people to do is go through the building department process, verifying the CO's, I see this all the time with real estate sales where the CO, if you go back to the original when the house was built maybe in the 70's, in the 70's it showed the house had three bedrooms, now it has four bedrooms. We are going to be required to clean that all up in order to provide a rental space for somebody that is a year round resident. In addition, the cost of surveying, if you have CO issues, you have to go get building plans, you may have to go to the health department. So you're creating a huge bureaucracy and impediment to providing rentals in the town for year round rentals. It seems to apply to long term, short term, you haven't excluded B&B's, even though logically it should apply and you haven't excluded hotel/motel resort hotels which are quasi residential but which are regulated under different laws. So there has to be a little more clean-up of this code. When you define a residence, make sure that you are identifying the proper residence that you are trying to address. So other than the immediate impact that your law is going to create. I want to also address the impact of administrative cost and our tax base. I did a quick search of the Southampton and Riverhead town administration to see what employment is required to enforce this code. Just for example, in the Town of Southold, for those that don't know, we have Mike Verity the building inspector and John who are the inspectors out there on the field. You have Amanda and Damon who are plans examiner. After that you may have one fire marshal and at this point, you have one code enforcement officer because one just retired and the other just resigned. So you are really, it's a very lean department. You also, so that's the immediate staff that is available to enforce this. Compare that to Southampton. Southampton has 10 code enforcement inspectors. Fourteen building inspectors and six town attorneys. Compare that to Riverhead which I think we are kind of paraphrasing the Riverhead building code, you have four building inspectors plus the three support staff, you have three code enforcement officers, you have five engineers in the engineering department, you have three fire marshals and you have four town attorneys. That is what you are comparing this, you are following the structure of the Riverhead town code but that's the administration that they have to follow-up, back up their law. Compare the taxes in Riverhead and Southampton to the Town of Southold, we are very lean, we are very mindful of taxes and I always tell people Southold is very cheap. They are very cautious on their salaries and they are very lean on their staff, to your credit, you keep the taxes lower. That is not the case in the other two towns that I have mentioned. Southampton has a huge tax base with their real property values and Riverhead has a lot of commercial development but is suffering in the sense that the taxes are tough on the homeowners. So just as a start and I Southold Town Board Regular Meeting June 5, 2018 page 61 am philosophically against regulations, even though that's my life and that's what I do. I am philosophically against it. But use it sparingly, use it carefully and this is not either sparingly drafted or carefully drafted, it is a huge administrative issue. And let me tell you that I have a self-interest in that I have my home that is rented now until my kids, hopefully, come back. I rent at the low market rate because I am very careful on who I rent to, I am, the family that I rent to lives, works in town, their kids go to school in town. I feel like I am providing a service to a family because I don't look for the highest rent, I look for, when I looked at the code to see what the affordable category was, I said, hmm, I am $100 more than the lowest affordable. Which is fine with me, I am not doing it for income, I am doing it to just hold off and plant my house in such a way at least, I know when my kids will be, I hope someday to bring them back someday soon, but if anybody else is like me out there like Mr. Lademann pointed out to somebody like his own family and other people that may be here, this law, it makes you even wonder why go through that effort and certainly for affordable rental, to go through this effort even for me that I know the process and I don't have to hire a lawyer to do it, I am telling you it would be hours of time and difficult. So I really hope you will reconsider the need for this law, we have a lot of laws on the books on quality of life and maintenance and even the code enforcement with respect to the housing and so on and the concern I am sure you are trying to address which is over- crowding or boarding house type of situations, I think for the most part that's the minority. If there is one in a thousand that are that type of situation, you have the other thousand that you are going to impact. So please, reconsider. Thank you. TOWN ATTORNEY DUFFY: A couple of issues, the survey, as you said, a lot of people already have a survey. That doesn't mean they have to go out and get a new survey, all you have to have, all that is required is an accurate survey, so if you have a survey of your property already you don't have to go out and get another one. The reason for that is so we can identify the structures on the property. Nobody is saying you have to go out and get a new survey but we have to know what is on the property. With regards to the maintenance codes, we do enforce the code, the requirements about maintaining lawn and everything else are codes that are on the books. We enforce them, we get them paid and this is telling people when they come for a rental permit, they have to be in compliance with these codes. These are state property maintenance codes that are already on the books. A lot of, a big part of this is a health and safety issue, with people renting houses to say that we shouldn't have this code because it is going to make people legalize their illegal renovations I don't think is a very good argument. You are saying that people have added bedrooms and'increased the size of their home illegally and we shouldn't pass a rental laws because they may make these people actually follow the law, I don't consider to be an argument. Relative to the administrative cost comments, (inaudible). Code enforcement handles (inaudible) SUPERVISOR RUSSELL: I just want to, I appreciate everything you said Bill, but really the- guideline really needs to come from the Town Board at this point, I think it's the members of this Board that has proposed this law, it's the members of the Board that have to answer the tough questions. The one thing I am just going to dovetail in is the man power. Southold actually has three and a half code enforcement positions. Yes, two just retired. That happens. We created a third, so right now we are in the process of filling the vacancies of two full time positions and one part time position. We've already started canvassing the lists. Also, you have to remember Southold Town Board Regular Meeting June 5, 2018 page 62 you have to look at manpower versus parcel count. The Town of Riverhead has a substantially higher parcel count, so their staffing, actually when you compare basically employees as a ratio to properties, theirs is less than ours with the three and a half code enforcement. You know, they have 1,200 mobile homes alone in the Town of Riverhead, a substantial commercial tax base, so you have to look at everything not just the number of people. The Town of Southampton has 59,000 properties. They have a big staff, they have a much more aggressive and onerous code. That's why they have such a need there. But some of the other issues are points well taken. MS. MOORE: I just want to point out that the way this is written and the reason I pointed out all the different departments is the way it's written, any one of those departments has the authority to act on this law. So it's not just code enforcement. If it were just code enforcement, you would be really understaffed but you do have the ability to use other departments. I just want to point out that it's still a very burdensome process and with all due respect, as far as legalizing, I am not talking about people having illegal renovations or whatever, it's just the reality is, I've done lots of pre-CO inspection and what happens is, people, the way that the Building Department operated 15-20 years ago is not how it's operated today. so when people today with the permits that they think are absolutely fine, they find out that oh, geez, now the way that you used to, Mr. Terry is notorious, he used to write permits on additions as single-family dwellings, so everybody thought their CO's were absolutely fine. then you go back and you start investigating and you find out, oh no, this was a pre-CO and it had an addition so now you need a pre-CO inspection and now the addition, well, does it need it, doesn't it? Well, all of us today, under today's rules, the Building Department wants us to get a permit just to replace windows. So I have had to do, multiple times, applications just for pop-in and pop-out windows which is really borderline on whether you need a permit. Possibly a boiler that gets replaced, they make you get a permit for that. Air-conditioning comes in, they make me get a permit for that. So don't, it's not that I am trying to legalize illegal, I am just saying that under today's interpretations of what you need a permit for, when you end up with older homes that have air- conditioning, may have had a recent boiler, may have replaced windows because the 70's windows are now replaced with better quality windows. You find out that all those things need a building permit and you don't, you the board I would say universally, don't understand the bureaucracy that everybody has to go through until you are in the trenches and you find out getting the C of O which seems like the simplest thing, that everybody should have a C of O for their house isn't quite as simple as it sounds and as far as having a survey, not everybody has a survey. I have had lots of deals recently where there have been no surveys or the surveys are from the 70's and they have never been updated because the building department at the time allowed for hand-written addition or a garage or whatever was revised then. All of a sudden, are we going to want to have the wetlands identified? I mean, it can go on and on. Even though it has nothing to do with the licensing process, it is just the reality of the way we administer the code that when you throw another layer on, all the building department understands is how we have been doing it, so they will follow the process as we have been doing it but really all you want to know is, is the house safe and not overly occupied. That's pretty much the basics of why this law is in the books, not I don't think, to over regulate us but to make it safe. There has got to be an easier way, so that is all I am asking. Southold Town Board Regular Meeting June 5, 2018 page 63 COUNCILWOMAN DOHERTY: Thank you for your comments. We have discussed all of those things in doing this and we have talked about the possibility of hiring more staff in the building department, especially in the beginning because there will be an influx of people coming in for permits to update their residence. SUPERVISOR RUSSELL: The only thing I am going to add to that is actually to say that the Town Board doesn't have the experience is simply not true,.I have sold a few houses, I have been through the process of CO's with updates. Bob actually went through the process of reconstructing a home he lost in a fire, so I think we have been in the trenches. Regarding making sure the homes are safe and that now you might need an inspection for an oil burner, of course you do, that's how the house is safe. It is looked at by a third party, particularly in an era of carbon monoxide poisoning and all those other things. So that's why it needs to have a review by people are given the authority by the State of New York for that review. PETER TERRANOVA: Good evening, Peter Terranova of Peconic. I support the proposal of requiring the permit for home rentals in Southold Town. The proposed local law clearly addresses the need to insure that rental properties are safe and conform to the applicable codes that apply to residential properties. My comments here though are pretty much directed to the impact of this to the short-term rentals. With some minor changes, this proposed local law will also go a long way to insure compliance with the 14 night minimum rental period. More on those recommendations later. It's no secret that the current 14 minimum rental is difficult to enforce and there continues to be widespread violations. Now I can only speak to the situation in my community that I have first-hand knowledge of, but I am sure they exist throughout Southold Town . When the short-term rental restriction was originally discussed, three or four years ago I believe, I supported the concept of permits and expressed my view that a more robust rental regulation was required to prevent clever and determined homeowners from complying with the 14 night minimum. For example, some no longer advertise on VRBO or Homeaway to rent and they still do. They even know have a good data base of past renters, depend on referrals or advertise in out of area local papers. Those that do advertise on VRBO or Homeaway, the calendars of availability mean nothing, that the sites allow you to put in the dates you want or ask you to contact the owner. Now, how do I know this? A particular property in my neighborhood is now on their fourth rental since May 10th and they do not advertise on any of those popular websites. The issue, and part of it could be due to the fact that code enforcement has contacted them, and said hey, you are advertised. So they no longer advertise that way, they find a way to get around it. The issue of short-term rental has become a problem for many cities and towns across the country. You read about it all the time and if you travel around this country, you see in the local papers issues similar to what we have in Southold Town. And it is in particular issue with tourist destinations, as Southold Town is. Residents are alarmed at the change in character in their community and towns and the change is not for the better. Just two weeks ago, I read that in Miami Beach it is now illegal to rent your residential home for less than six months and a day. And the original $1,500 fine that they had was not sufficient to deter people from continuing to rent their homes. Now it's up to $20,000 for the first offense and as much as $100,000 for the fifth. The argument that we need these short-term rentals due to lack of hotel space is bogus, as Miami Beach has an over-abundance of commercially available rental stock. Now, going back to my recommendations and suggestions to make this proposed local Southold Town Board Regular Meeting June 5, 2018 page 64 law more robust and more conducive to enforcement, I suggest the following: instead of two years you have an annual renewal of the permit but inspection of every two years. And this will be apparent when I get there...the posting of the permit needs to be put in a street side window or door, similar to a building permit. So if code enforcement goes by, he can see that there is a permit. Permit renewal must include documentation that sales tax and the 3% occupancy tax has been paid for the preceding rental year, to Suffolk County, in accordance with chapter 523, article 2 of the Suffolk County code. A zero tolerance for violation of the 14 night minimum rental, that is no permit for the year subsequent to the violation. Now one thing that I think was missing from our original 14 night minimum rental and that was proper notification of the local law. I know in my own community, people who live out of town, who only own the property, hardly ever come out, never even knew what was going on. So I think proper notification by either a mailing, a direct mailing to all residential owners of record or inclusion of the notice in the property tax bill mailings, would go a long way to ensure that there was no excuse for anyone not being aware of the local law. While I originally feel that a 30 day minimum rental period for residential properties, this local law with the five suggested-changes should do the trick, properly regulating this activity. It is interesting to note that the community that I live in during the wintertime down in Florida, 30 day minimum. Flat out. I know it's a gated community but it's a 30 day minimum and no exceptions. And you have to demonstrate that you pay the sales tax and the hospitality tax. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILWOMAN DOHERTY: Can I just make a couple of comments? I just want to make it clear that the 14 day minimum that is on the books is separate from this, so this is not in place of that and it is separate, it is a separate code from that. MR. TERRANOVA: No, I understand that. COUNCILWOMAN DOHERTY: Okay. MR. TERRANOVA: But this, anybody renting on the 14 day has to abide by this local law. COUNCILWOMAN DOHERTY: Right. MR. TERRANOVA: And if I recollect, this local law does not precede anything else in the town code. It doesn't supersede anything in the town code. What I am saying here is, yes, there is a need to make sure that all the homes that are for rent, okay, are safe and so forth and I agree with all of that but there is an element of this law that I think will go a long way in helping the 14 day enforcement of the 14 day minimum which is being flagrantly violated throughout the town, we all know that. Okay? And as I say, the folks are smart, a determined homeowner who is renting their home and you know, raking in good money during the season, they are finding all kinds of ways getting around the current existing law. I think we are good, this will go a long way with those recommendations. I think you have got to communicate it properly, make sure there is no excuse for anybody not knowing what the local law is and in terms of violating that 14 day, there's no permit for them next year. That's it. one year you are out if you violate that 14 day, Southold Town Board Regular Meeting June 5, 2018 page 65 now I am not saying you have got to inspect every year, that should be as it is written in here, every two years but they should have to renew every year. Okay, those are my comments. Thank you. SUPERVISOR RUSSELL: Thank you. LAURIE FINAN: Laurie Finan, Shutters and Sails Real Estate, Fishers Island New York. I have a couple of things, so first I know you all have been working hard on this since December, and I do appreciate listening to our comments and taking out a lot of what we said over the past few months. I still believe there's a lot of administrative issues with the burdensome, the paperwork and the cost for the homeowners to get to get this permit. I also agree with, I am not sure her name but the gal before me, everything she was saying. On Fishers Island, our community is such that our rental inventory is very low. We are a little bit different, we don't have B&B's, we don't have hotels/motels, so we kind of, our economy depends a lot on the rental industry. There will be some older homes that will need the pre-existing CO, they will probably have some issues that they will then need to get an architect to give as built drawings and such, so there will be cost and time involved. Probably going over the October 1, whatever it is, so I just really want to add to the letters you have from Fishers Island, you know, it definitely will have a negative impact I believe and I think it will in a lot of the communities here in Southold. The other thing I wanted to bring up was the broker agent part of it and as a broker, we need to be certain that the, anything we rent has a permit. Well, if the renewal is every two years and we know they have a permit and they change something a year down the road, we won't really have a way to know that. so the language, maybe change the language a little bit but we don't want to be then in some kind of, obtaining an attorney fighting a battle we had no way of knowing. So I think that's it. Thank you. ANNE MURRAY: Hi, I am Anne Murray from East Marion. I just want to thank the Town Board and Jill and the Town Attorney for working on this and finally getting it out. It has been a long time coming. ever since I moved here 18 years ago, I always wondered why the town didn't have a rental permit code and I've seen over the years fires in unsafe homes, I've seen over-crowded places in Greenport, even though Greenport Village they are gone now because they have all turned into AirBnB's which is a whole other issue but I appreciate that you have gotten this done I think that people who are renting, I believe Jill came to East Marion this weekend to update us on this code. There were a lot of questions and I believe a lot of these documents are available in the town offices for a .25 copy fee, so it's not like you have to go out and get a new survey, new CO. The documents should be on file and I believe also that this gentleman who says that family is exempted, if you are renting to family you wouldn't have to get a permit for your grandson's place, I think people need to read this, yes, it's in here. I think people need to read the whole thing very carefully and I just want to say that anyone who has rental properties knows they have costs involved with that and they can also raise the rent a little bit if they think the cost of these documents and inspections are too much for them. I think it's a very, very good step the town is taking. Thank you very much. DIANE DUNBAR: My name is Diane Dunbar and I am a licensed real estate agent, Century 21 in Greenport. I would like to address the short term rentals, vacation rentals and I can only speak Southold Town Board Regular Meeting June 5, 2018 page 66 to my neighborhood and I am concerned about the timing. I get permits, I get all the safety issues, everything else, I understand that but if I read this correctly, you want a CO, that's fine, you want a survey, that's fine. It does want a floor plan, or an architects drawing. I think this is supposed to go in effect January? COUNCILWOMAN DOHERTY: October 1St we have it. MS. DUNBAR: October 1St, okay. For summer rentals, in my experience in my neighborhood and the people I handle, mid-January is when they start calling to secure their two week or a month vacation time. So I just am concerned that we don't have a lot of time and I am only talking about a handful of houses in my community, you can imagine all of the summer rentals in all of Southold Town. There are hundreds. There are absolutely hundreds and we have been talking about the limited personnel that we have, if you want to go to the Building Department and have the CO verified, it is going to take time. It's going to take a lot of time. So you are saying in October we can go and start the permit process? COUNCILWOMAN DOHERTY: Once we approve this, I would say you can start the permit process right away. You don't have to wait until October. MS. DUNBAR: And how will we know? When will we know? COUNCILWOMAN DOHERTY: Once it is filed with the state it goes on our website. It's difficult to get the word out, that's what I am trying to say. We normally post it on the bulletin board,put it on the website and you know, the application will be available. MS. DUNBAR: Will you put something in the Suffolk Times? COUNCILWOMAN DOHERTY: Yes, yes. Certainly we can. Most likely we will be doing that. SUPERVISOR RUSSELL: One thing I will say from my perspective, I think that we maybe don't have the personnel infrastructure in place to implement by October 1 but then again at the public hearing tonight the Board takes the input and then we reconsider all of those things. MS. DUNBAR: We just need enough time. COUNCILWOMAN DOHERTY: Yes,thank you. MR.TERRANOVA: One further thing, the lady just mentioned the issue of time, perhaps it's possible that should the code enforcement get backlogged in permits for this, you know, starting in October. Perhaps a one year temporary for those particular properties that may have some issues with CO's that sort of thing, you know, just give them a little time as long as they are aware of it, so on and so forth, that might be something the Town might consider. Southold Town Board Regular Meeting June 5, 2018 page 67 COUNCILWOMAN DOHERTY: Well, I'll speak for myself, I am dedicated to this process and if we need to hire temporary help in the Building Department, I would hope that we can find a way to do that but to give somebody a temporary one year rental to give them time to fix CO problems, what if they don't fix those problems? And then we have already given them approval, so I think it's all or nothing, it's a black and white thing, it's not. But I think we, I am dedicated to work with this and we would work with everybody to get what, the paperwork and everything that has to get done in a timely fashion. MR. TERRANOVA: I have no problem with being quite intransient about it, all I am saying is that if you gave somebody a temporary and they didn't do it, that's it, you don't get a permit. COUNCILWOMAN DOHERTY: Yes but I am not willing to put somebody in harms way, in a house that I don't know is safe by state laws. MR. TERRANOVA: That's a very good argument. I understand that. I just wanted to throw that out. COUNCILWOMAN DOHERTY: Thank you for the thought. That was a good try. SUPERVISOR RUSSELL: The issue had come up with regard to immediate family members which is pretty broadly defined, the only reference I can find to it is under 207-A and it says it shall be an affirmative defense to a violation of sub-section A, that the rental occupant or occupants are immediate family, is there a specific exclusion required? TOWN ATTORNEY DUFFY: Inaudible. SUPERVISOR RUSSELL: Okay. MS. MURRAY: I have another question, in case everybody didn't read this, it says at the end under implementation that no violation of this chapter will be charged prior to October 1. So that means it is going to be on the books but it's not going to be enforced, so that gives people a lot of time to get their affairs in order and get their permits and all of that and I am sure the Town is going to have to find new code enforcement people as well, so... COUNCILWOMAN DOHERTY: We are working on that now. MS. MURRAY: By October everything should be worked out hopefully. TOM MCCARTHY: Good evening. Tom McCarthy, Southold. I apologize, I came in a little bit late this evening and I might have missed the first speaker and half of Pat Moore who I felt doing a good job in jelling some of the issues that I have with the particular code. I think we are all busy with our lives and our business lives and what we are doing and I commend you for trying to tackle the issue and deal with life and safety which I think we are all in favor of and I think we have to have some sort of a code to regulate it, it has to be drafted and it's easy to shoot bullets at those sort of things but unless I missed it, I really would like to get the stakeholders of Southold Town Board Regular Meeting June 5, 2018 page 68 the community involved. I know tonight is one of those evenings but we have representatives of the Hamptons and North Fork Realty Association, the president and association executive, we have other prominent real estate people and attorneys in the room but we've gone down this road for other initiatives with the town, we've engaged the stakeholders early. The US/UK, the hamlet studies, all the rest of it. We've put it together and said hey, what do you think? You are the people that are most affected by this, how can you help us, how can you give us feedback into how we should shape this code. What works for you and what doesn't work for you? Perhaps you folks have done that and perhaps I have missed it. but my colleagues that are here this evening perhaps are as equally dumbfounded as I am, is why haven't we been reached out to, you guys are the ones that are handling this, you are going to be affected by the legislation we are putting in place, if you violate it, we are sending a notice to the Department of State, your livelihood is going to be affected. I think that you should reconsider this in its totality and engage the stakeholders, get feedback, more feedback than may be available to be given this evening. Have that dialogue with those that are affected on the professional side as well as those affected personally and have a view on this and perhaps have a round table and be able to vet these issues before we move forward on this code. There is a lot of different specific issues I have with the code, you know, if you own your house in a trust or an LLC, you have to get a permit to rent your own house back? I disagree with that. There's a lot of different things and I am not going to take all of your time going point by point but I would respectfully ask the Board to reconsider this in its totality and see what can we do to work together at a round table to come up with something that works for everyone. Thank you. SUPERVISOR RUSSELL: I just quickly want to address the issue of noticing because it came up on few recent and this is a comment regarding the general process, not specific to what Tom said. We published the text well over a month in advance, we put it in the newspaper, we put it on the website. We send out, first of all, never mind the fact that there's article after article in the local news media about these things, we notice code committee meetings. We do everything we can to try to get the public into the process. The problem is it doesn't seem to engage anybody until the law is already at the public hearing phase, but also let me point out that one of the ways that we reached out to the public is to put this out and have a public hearing and get that input. To my knowledge, but for an occasional administrative change, we've never enacted a local law without at least two weeks for us to digest what everybody has to say. Just so you understand, there's a real concerted effort on our part. I don't know how else to do it other than knocking on doors. And quite frankly, I think that would be ignored anyway until the 11`h hour. MR. MCCARTHY: I appreciate that, I respect that and I think as I said before everyone is very busy and then when it comes down to the final hour, we need to be able to pay attention to it. But I think that you have some real stakeholders and some talent in the room that if we worked together perhaps not just in a public hearing and we can go together with those who crafted the code and get some feedback and some dialogue as we go forward here. Even if the Town Board was open to sit around a table for an hour, half an hour, the real estate community can put together our thoughts on this on a point by point instead of trying to encapsulate everything this evening. I think that would be appreciated from the professional side. Southold Town Board Regular Meeting June 5, 2018 page 69 SUPERVISOR RUSSELL: Would you consider tonight not closing the hearing but waiting for the input? COUNCILWOMAN DOHERTY: I was going to suggest leaving the hearing open for two weeks for written comment. MR. MCCARTHY: I welcome it, there's a lot of folks here that may have other comments and that discussion may serve to provide a better piece of legislation than what we have at the moment for gathering around the table to try to see what we can come up with in common to try to come up with something, to try to meet everyone's goals. COUNCILWOMAN DOHERTY: We'll decide later after hearing the rest of the comments, if the Board wants to go back to the code committee, I mean we've been at the code committee and invited everybody to do exactly what you have said and I am sorry you didn't get that notice but if we need to that and drop this, then we can do that. MR. MCCARTHY: Yes, I mean, we appreciate. As the Long Island Board of Realtors, we have a very active North Fork chapter, we try to stay together, we have breakfast meetings, we do education, we try to elevate the level of the brokers and agents. Some of the folks here on the dais have presented to our boards in the past, we really try to engage and educate our members as to what is going on and get their feedback and the benefit of the history that they have and we would love to be able to share that to come up with something that would work for everyone. JULIE AMPER: Julie Amper from Mattituck. Tom, I have a suggestion,you should.... SUPERVISOR RUSSELL: Please address the Board, not the speaker. MS. AMPER: Well, I would just like to say that I am nobody and I subscribe to the Town Board where they notify you of every meeting, whether it's the Zoning Board, Code Committee, and all of that and what's on the agenda and I can find out what's going on and I am not involved like a realtor would be. So it is available if you want to subscribe to that website. You can find out that there were many meetings on this subject in the past few months, that we could have gone to, that were public meetings. COUNCILWOMAN DOHERTY: Thank you. MR. MCCARTHY: I agree it's available, I think it's a matter of time. Today I was in Albany, last night I was in Albany on realtor issues. There are certain things that we become aware of that we try to share with everyone else that's affected. I apologize that it is kind of at the l 11h hour but we beg your indulgence to hold the public hearing open so that we can get more formal comments to you and come up with a better law. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Southold Town Board Regular Meeting June 5, 2018 page 70 CARLA DENNEHY: I am Carla Dennehy and I manage the Douglas Elliman offices. I have more of a question, I think everybody has kind many of covered my concerns already but I do have a question. When we are looking at seasonal rentals, seasonal rentals I think are very important to the town and tourism is very important to the town and this will put somewhat of like a cold blanket on those seasonal rentals. The two week notice has already has had an impact and I understand the reasoning for it but it has had an impact. What I have a question about is, we talk about one family dwellings and then they give the definition of a family which is all blood related and/or a partnership. In seasonal rentals, we don't always have that configuration. You may have a couple of friends who rent a property or two couples or something along those lines, so I am asking, and some of the properties are very large, it's not about overcrowding and I certainly wouldn't encourage the old hardy homes that used to, especially on the south side, prevail. But I don't quite understand the language there. Anybody want to clear it up? COUNCILWOMAN DOHERTY: I think that we understand that the larger homes you might have two families chipping in and renting a larger home for the month of August... MS. DENNEHY: What about two friends who aren't blood related? COUNCILWOMAN DOHERTY: That's fine... MS. DENNEHY: It doesn't say that. At least, I don't see it. SUPERVISOR RUSSELL: There is no restriction on who you lease to, it's who is exempt from the permit. MS. DENNEHY: But I, okay, let me just ask one more question... COUNCILWOMAN DOHERTY: We are not, we are not interested in any, we just want the homeowners name and information, we don't want the renters. People who are renting, we don't care about their name, we just care about whatever the structure.... MS. DENNEHY: Was there not something about cars also though, that they had to register the cars,the number of cars that were going to be there. COUNCILWOMAN DOHERTY: That's already in the code about... MS. DENNEHY: Parking spots. So then why the big definition of family? SUPERVISOR RUSSELL: Because, later, the definition is in the beginning and is later part of the text of the code. It provides exemptions for immediate family members as defined. MS. DENNEHY: And that part says that they, the word was defense, which would mean that there might be a ticket issued, so I just think that, I just am concerned about the language, that's what I am saying. Southold Town Board Regular Meeting June 5, 2018 page 71 SUPERVISOR RUSSELL: Sure. MS. DENNEHY: If you would just take another look, that's all I am asking. SUPERVISOR RUSSELL: Sure. Who else would like to address the Town Board? MR. LADEMANN: You said that you put this in the paper but there are a lot of people that don't read the legal notices in the paper, I know that for a fact. SUPERVISOR RUSSELL: I don't know how else to reach them then. COUNCILWOMAN DOHERTY: One suggestion was put it in the tax bill, in New York State does not let us put notices included in tax bills. SUPERVISOR RUSSELL: Suffolk County Tax Acts prohibits us from putting anything in the tax bill other than the tax bill. UNIDENTIFIED: Just one comment on the car situation, it said one registered car per bedroom, is that correct? So if you had a one bedroom cottage and you have plenty of room on the property and you have a husband and a wife and they both have cars, so maybe two cars but now the law says one car per bedroom, so it doesn't leave a lot of rooms for exceptions... SUPERVISOR RUSSELL: Inaudible. So I will get clarification from board members, I will agree with your confusion. COUNCILMAN GHOSIO: I believe that it was one per bedroom plus one. COUNCILWOMAN DOHERTY: Yes, I was going to say that. I don't know what section it was in. COUNCILMAN GHOSIO: Taking into account that if you only had one bedroom. The question was about cars and parking. As I understand it, it says you can one per bedroom plus one. So if you have only one bedroom, that allows you two cars. UNIDENTIFIED: Inaudible. MARY HUETTENMOSER: I wasn't planning on speaking, my name is Mary Huettenmoser, I have a summer home out here in East Marion, I am a New Jersey resident. I guess one comment as far as vehicles, I did have a concern about the vehicles because I have five children and my husband and I, we come out, well, we may come out all at one time. If I decide to continue renting my place out here for the couple of weeks each summer, does that mean I am going to be imposed on not having enough parking? Because we could have seven people, seven cars, with all my kids, they are adults, they come out at different times, they don't want to carpool. So now I have a three bedroom, I am going to have not enough parking for my kids. So I am curious to Southold Town Board Regular Meeting June 5, 2018 page 72 find out, if I take out a rental permit, now personally am I not going to have enough room for all my cars? COUNCILMAN GHOSIO: Are you a renter or homeowner? MS. HUETTENMOSER: I am an owner. SUPERVISOR RUSSELL: Then you would be precluded from the conditions of the permit. MS. HUETTENMOSER: I understand for my renters, that's fine. I am thinking 90% of the time, I am out here. So not to be able, if I take out a permit not to be able to have all my kids here. COUNCILWOMAN DOHERTY: No, this is for the renters. SUPERVISOR RUSSELL: The permit speaks to the issue of use. So when you are using it, as a rental. MS. HUETTENMOSER: Not all the time? SUPERVISOR RUSSELL: Right. MS. HUETTENMOSER: Okay,just want to make sure that, I don't want to open up a can of worms. As far as the survey, I have a question about that. my property, I took out a permit and put in a mini-addition on to my house, so the survey I have does not have that addition because I just got the CO last month or something. So does that mean I have to spend $1,000 on getting new survey? COUNCILWOMAN DOHERTY: No, if you have a CO for that, there is record of that in the building department already. MS. HUETTENMOSER: Okay. SUPERVISOR RUSSELL: The survey thing, I have to be honest, it being raised today. it is presenting a concern to me today because we don't have a very good inventory of surveys in town government. Many of the homes were issued permits prior to anybody requiring one. particularly if they are pre-CO. So I think that's something we have to look at a little more carefully. COUNCILWOMAN DOHERTY: Yes, I mean, when we discussed it we actually had a, in the beginning we actually had a survey deadline and then, the surveys do present a problem but also, there's another side of it, of having accurate records. And I started working in the town in the 80's in the Trustee office and it was hand drawn wetland lines and hand drawn things on surveys and you know, 10-20 years later they say well I have a permit, we're like, well, that's not what's Southold Town Board Regular Meeting June 5, 2018 page 73 there now. You know, that's one of the reasons why we ask for a survey because it's a little more accurate than a hand drawn drawing. That's something that we can talk about. SUPERVISOR RUSSELL: And the one concern that I have is that a lot of the old permits were issued against hand drawings. COUNCILWOMAN DOHERTY: Yes. SUPERVISOR RUSSELL: And that's the record and it was adequate at the time, so yes, you're right, getting an updated survey or getting a survey now might be a bit onerous particularly with the backlog, surveyors are very busy right now. And it's an expense, we need to reconsider that or maybe finesse it a little better. MS. HUETTENMOSER: As far as the CO because I just got one,just because I just finished a permit. So how soon does, does everybody need to get a new one or does that one that I just got... SUPERVISOR RUSSELL: The, you are already CO'd. COUNCILWOMAN DOHERTY: Yes, you are already CO'd,just fill out the application form and submit that, your CO number on the form and then it will be reviewed, the application form. MS. HUETTENMOSER: It didn't say on there, as far as the CO, what was a valid time period. COUNCILWOMAN DOHERTY: So the reason why we ask for an inspection, either by, you can have a licensed architect stamp it or a licensed engineer or you can ask the building department to come and inspect, so you have a CO, they can just look and say the CO is still valid, you are good. Or they can go in and say, you added another room, that's not on the CO, you have to come in for more permits. So the CO can be 10-20 years old, as long as everything is the same it's still valid. SUPERVISOR RUSSELL: Just as a clarification, CO's are good until the end of time unless you make a substantial change that would require a new CO. So once they are issued, they are issued. MS. HUETTENMOSER: And then as far as the issue that was brought up about corporations, LLC's, I do know that there are homes in our neighborhoods that are owned by trusts or LLC's because that's how, liability issue, they were probably advised by their attorney to put that house in, and some of them don't rent at all. reading the document it appears, would that be trusts, estates or just specifically corporations and LLC's, as listed in there. COUNCILWOMAN DOHERTY: What we are asking under that section is we just need the name of a person, a person that is on that corporation that is an officer or, so we have a contact person. We don't want you know, just an LLC, then who is the person we are supposed to contact and talk to? Southold Town Board Regular Meeting June 5, 2018 page 74 SUPERVISOR RUSSELL: There has to be a responsible party when it's a corporation. MS. HUETTENMOSER: I was just saying, because the wording in there appeared that regardless of whether you rent you need to submit for a rental permit. I understand the concept but... COUNCILWOMAN DOHERTY: No, no. That's not the intent. We can try to make that.... MS. HUETTENMOSER: Rental permits required or something, A, if you rent it out, B, it was actually B, if you are an LLC, if you had anybody occupying the premises, you must get a permit. COUNCILWOMAN DOHERTY: Yes, yes. MS. HUETTENMOSER: I mean, it's not for me but I know there are neighbors in my neighborhood that are listed as an LLC, so they then would have to be... COUNCILWOMAN DOHERTY: Right, if they were renting it out to a member of that LLC.... MS. HUETTENMOSER: No, but it's listed as if you need a rental permit, you are an LLC. It doesn't say... COUNCILMAN GHOSIO: I think I agree with that. SUPERVISOR RUSSELL: Good point. MS. HUETTENMOSER: Question about the partioning, like where you can't have a locked door? I know that a lot of rentals, that you have a bedroom that you close off or a garage that you don't let them into, you are saying that they must have access to all of your stuff? COUNCILWOMAN DOHERTY: That was brought to my attention in speaking to a lot of people, I think we have to revisit that section because there are plenty of rentals that do close off a closet or even a whole room to have their personal stuff while they are renting it out, so we need to look into that more but the purpose of that was... TOWN ATTORNEY DUFFY: Inaudible. COUNCILWOMAN DOHERTY: Yes, state code. Thank you. SUPERVISOR RUSSELL: We have to defer to state building code, fire and safety code, so (inaudible) building inspector to see what we can do here. MS. HUETTENMOSER: Okay, that was only thing that I was wondering about that. Um, waterfront, in our neighborhood, this is talking about the front yard parking. Unfortunately in our neighborhood they are relatively small lots and the only parking for waterfront homes is in Southold Town Board Regular Meeting June 5, 2018 page 75 the front yard. So I just had a question about that one spot that said you are not allowed to park in your front yard? COUNCILWOMAN DOHERTY: Well, if that's the general parking, if you have always parked, than that's your parking area. MS. HUETTENMOSER: Okay. COUNCILWOMAN DOHERTY: We are talking about you have your parking area and then you move cars all over the yard. And that's already in the code. SUPERVISOR RUSSELL: Front yard is the rear yard in waterfront? COUNCILMAN GHOSIO: Yes, typically the Trustees consider the waterfront the front yard. COUNCILWOMAN DOHERTY: Yes. SUPERVISOR RUSSELL: And the land side, what would be the traditional front is considered the rear yard I believe with waterfront properties. TOWN ATTORNEY DUFFY: No. SUPERVISOR RUSSELL: No? COUNCILWOMAN DOHERTY: No, the building department still.... MS. HUETTENMOSER: We have two front yards is what I have been told. So I just thought that may cause a problem and I didn't know if there was some way to put an exception in for that. and as far as notification, I do live in New Jersey and I realize that there is some type of notification system that I can sign up for because if it weren't for my realtor, I would never have known about this. You know, I don't come out, I only come out on weekends and sometimes I don't even buy the Suffolk Times, I am out here to relax.... COUNCILWOMAN DOHERTY: You can sign up through our website for notifications. MS. HUETTENMOSER: I will do that. The last thing is, I do rent homes in New Jersey, I have full time rentals, I have three different towns that I rent in and back there the rental process,just an fyi, is that it's a two page document, it requires you to put the names of the owners, the mortgage holder, who takes care of the care maintenance, that kind of stuff. It's only a two page document. You have to bring it to the town so that they know which properties are rented. There is no fee and then you are required to have a fire department inspection. That's it. COUNCILWOMAN DOHERTY: So that's basically, we developed a two page application and it's a little more extensive than just a fire department application but we, yes, that's basically... Southold Town Board Regular Meeting June 5, 2018 page 76 MS. HUETTENMOSER: You are worried about safety... COUNCILWOMAN DOHERTY: Yes, that's it. MS. HUETTENMOSER: The fire department goes in, makes sure there's handrails, makes sure there's CO2 detectors, make sure the furnaces are okay, so that's all the safety issues are handled. COUNCILWOMAN DOHERTY: Right and that's what our CO will answer. You can't get a CO unless you meet all those state codes and fire codes. So that's why we say if you have a CO, we know that you meet those codes and our building inspectors or code enforcement officers or if you chose to have an engineer or architect will certify that that is true. So that is basically the same premise. MS. HUETTENMOSER: It seems like there's so many departments in on the permit, that there's so many things going on, it seems a little overwhelming, like I said, I rent in three towns back in Jersey and I have never encountered this. When I saw this I was like, wow. COUNCILWOMAN DOHERTY: That's why it's so difficult to come up with a code because you start out with let's do A, B and C and then they are like, you have to go here and go here, (inaudible)but you have to do it. You have to do it. MS. HUETTENMOSER: It seems like a lot pulled into the permit. COUNCILWOMAN DOHERTY: Unfortunately it's, it has to be. I tried to keep it as small and condensed as possible and there are things that I don't want to see in there but it just has to be. Because of state code and town codes. MS. HUETTENMOSER: Okay, those are my comments. Thank you for listening to me. COUNCILWOMAN DOHERTY: Thank you. UNIDENTIFIED: Just the last one on language, it's on the broker/agent responsibility, A and the sentence in there `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 doesn't have a rental permit.' So lease, rent or sale, sale shouldn't be in there. COUNCILWOMAN DOHERTY: So we have a correction that I forgot to mention that says sale on behalf of owner, it should have the word rental dwelling in there. UNIDENTIFIED: Okay. Southold Town Board Regular Meeting June 5, 2018 page 77 COUNCILWOMAN DOHERTY: So in other words, if it is a rental dwelling, before you sell it to the next person, you can say, you just have to notify them that there's a rental code and they have to get... MR. MCCARTHY: With all due respect, I disagree with that. Homes are bought and sold without certificates of occupancy throughout the town all the time. So... COUNCILWOMAN DOHERTY: No, this is if it is a rental dwelling. MR. MCCARTHY: So it may still pre-date 57, have been in the family and you know we have sold several of them so far this year that pre-dated 1957, did not have a pre-CO... COUNCILWOMAN DOHERTY: And did they rent them out? Would they have to come in for a rental permit? SUPERVISOR RUSSELL: I don't know how they would get title insurance without a pre-CO being issued. COUNCILWOMAN DOHERTY: This is only for rental dwellings, not for if you sell a house that's not being rented. MR. MCCARTHY: So you classify it as a rental dwelling if it has a permit? COUNCILMAN DINIZIO: No, if you want to rent your house, you need a permit. MR. MCCARTHY: And how do you tie that in? Into the sale? COUNCILWOMAN DOHERTY: For the sale of a rental dwelling, so if you have a rental dwelling and you are selling it and it is going to continue to be a rental dwelling... MR. MCCARTHY: The broker doesn't know if it is going to continue to be a.... COUNCILWOMAN DOHERTY: Right. TOWN ATTORNEY DUFFY: You are going to advertise it as (inaudible) COUNCILWOMAN DOHERTY: And if it's not, then it's not. Then you don't have to have it. If someone has a house and they rent it out and then sell it and the new person is living there full- time,then they don't need the rental. SUPERVISOR RUSSELL: It's an easy fix, remove sale from that. COUNCILWOMAN DOHERTY: Yes, we can do that. Southold Town Board Regular Meeting June 5, 2018 page 78 MR. MCCARTHY: Remove sale. A few other things I really didn't want to go into on a point by point basis, but you are talking about roof run-off,that's really.... SUPERVISOR RUSSELL: That's already part of the code, that's 258, 236.... MR. MCCARTHY: Rental permit, so if you have a house that doesn't have gutters, you have to put them on in order to get a rental permit? SUPERVISOR RUSSELL: They would have to anyway, the town has every right to require someone to retain their own water on site. COUNCILWOMAN DOHERTY: They do that now. MR. MCCARTHY: I understand that they can but I think what we should identify is what are some of the perhaps pitfalls of someone going into this. So this says gutters and it also talks about drywells or directing it. So if someone doesn't have gutters on their house, they are going to have to put on gutters and dig up their yards and put in drywells and do sub-surface drainage in order to get a rental permit? COUNCILWOMAN DOHERTY: They have to bring their property up to code. MR. MCCARTHY: As determined by whom? COUNCILWOMAN DOHERTY: It's already in the code, as determined by the building department and code enforcement. SUPERVISOR RUSSELL: The drainage reviews are submitted and reviewed by the town engineers. MR. MCCARTHY: Are we saying that it's in the code to obligate an existing property owner who doesn't have gutters on their home to install them today? COUNCILWOMAN DOHERTY: Yes. COUNCILMAN DINIZIO: When you want to do rentals, when you want to have a permit to do rentals, you are changing the character of what exists, then you need to bring that up to code. From my point of view, the problem exists because I don't want a building inspector going in and inspecting these things and ignoring, having him have to ignore things on that property that he knows is wrong. That's (inaudible). If it were just a question of, in my opinion, you going to a window saying I want to rent out my house, fill out this thing and you are on your way and we don't require any inspection, then you know, a lot of that stuff gets thrown by the wayside, but you know, once you start having to have your employees take on the responsibility of perhaps ignoring some things when they are on the property and you know they are on that property, they have seen that property, then there is a liability in my opinion, putting an employee in a bad spot. He knows that he is supposed to have gutters on this house because you know we have this MS-4 Southold Town Board Regular Meeting June 5, 2018 page 79 (inaudible) okay, that basically to me says that everybody has to have gutters and so you know, that's where the sticky point is, Tom. MR. MCCARTHY: It is very sticky, you can have a home that was built in 2008, they have not changed a thing and it was prior to that code and now you have a CO, you have a survey, you have everything current and you want to rent it, now you have to dig up your yard and put in drywells. COUNCILWOMAN DOHERTY: Well.... MR. MCCARTHY: It seems onerous to me. COUNCILMAN DINIZIO: I am not disagreeing with you. COUNCILWOMAN DOHERTY: Chapter 236 says you have to keep the drainage on your own property and if anybody right now comes in to say get a permit to put a porch on, they are going to have to upgrade their whole house for drainage. MS. MOORE: No, that's not true. I just want to clarify that. so the rule right now from my understanding and experience, I could be wrong but my understanding is if you do let's say a small renovation to your house, you may have to address that portion that you are renovating and put gutters, not necessarily drywells, you may have to make sure the water does not go beyond your own property, so that's a much different thing from having to comply in total with 236. So, we have thrown an awful lot here that you are completely dissuading anybody, if that is what you are trying to do for a couple of bad apples, dissuading rental, you have done it beautifully. There has to be a simpler way. What the young lady said regarding Jersey, if your issue is regarding health and safety, then a safety inspection is really all you need and that can be done by pretty much anybody at the building department, code enforcement, it is not entire litany of regulations that you have implemented here, it's purely safety like. COUNCILWOMAN DOHERTY: Right. MS. MOORE: You have fire extinguishers properly installed.... COUNCILWOMAN DOHERTY: Smoke detectors, .... MS. MOORE: Smoke detectors and in fact, the building department on a pre-CO inspection, even though it was built prior to zoning, will implement safety inspections. So they'll say listen, we know this was built prior to '57, we are going to make you put fire detectors and maybe you need a handrail where one would be really appropriate. COUNCILWOMAN DOHERTY: Right. MS. MOORE: But that's it. They are not going to make you rebuild the house just to get a pre- CO. Southold Town Board Regular Meeting June 5, 2018 page 80 COUNCILWOMAN DOHERTY: Right. MS. MOORE: I think the same should be considered here... COUNCILWOMAN DOHERTY: So that's the same process that we are going to use.... MS. MOORE: No, I am sorry, that's not the way it has been written. SUPERVISOR RUSSELL: I will state my position, I agree. I agree. The goal here is pretty simple, actually, I think Jim has a good point. Are we going to send town people with charges to go out and ignore other aspects of the code but at the same time, maybe we need to hone this a little bit because it has one stated goal which is public health, safety and welfare and frankly, protection of the surrounding community which I am going to comment on when we close this up. 1 am going to say a couple of things so you understand where we are coming from. MR. MCCARTHY: So inherent in that, if we do have to check it, once the building inspector leaves, are we to assume that everything is safe and the building inspector is taking that responsibility for the town because he signed off on it. COUNCILMAN DINIZIO: No, no, no Tom. We are saying that, assuming that our people are honest and (inaudible) that they were there, they didn't see any violations. That's what we are saying. I mean, the next day if it burns down, it's not on the building inspector. MS. MOORE: The town never has liability. COUNCILMAN DINIZIO: Right. Right. That's not the point. The guys have to live with themselves, okay, they have to go to work every day, they are trying to follow the rules, being honest with everybody in town. So you know, I know sometimes it seems like they are just blinders on but honestly, in order to do their job, that's what they have to do, follow the code. That's what's there. if they see something that's not, again, and that's the risk you take when you put a public employee into your home to inspect it. MR. MCCARTHY: I understand and I think that Pat's point is well taken, that they strive for the health, safety and welfare and I have had 30 years of dealing with the building inspectors and lots of folks in Town Hall and they all try to do a good job, they try to really meet those goals but I don't know if this is really specific to that at the moment. We have an affidavit that the homeowner needs to sign that the property meets all federal, state, county local laws. That's a pretty high bar for a homeowner to have to state here and what happens if they are wrong? What are the penalties, what are the offenses? It's not addressed in here. So we are putting the burden on the homeowner to affirm that it meets every federal code. How do we know? COUNCILWOMAN DOHERTY: By getting your CO. MR. MCCARTHY: But if you inspect it, then you are giving me the assurance that he does meet it but Jim, you are saying that the building inspectors don't want that responsibility. Southold Town Board Regular Meeting June 5, 2018 page 81 COUNCILMAN DINIZIO: No, I am saying when they issue that CO, everything that's in the code will have been done. At that point. COUNCILWOMAN DOHERTY: At that point. COUNCILMAN GHOSIO: If it's a 20 year old CO, it may not meet current hurricane standards today. MR. MCCARTHY: Absolutely. You are putting the onus on the applicant for a rental permit that we comply with everything. COUNCILMAN DINIZIO: Yes. MR. MCCARTHY: How do we know? How do you know? COUNCILMAN DINIZIO: We inspect it. Tom, listen, I am not, me personally, I am not for having these types of inspections for rental properties but if we are going to do that, we are, in my opinion, we need to rely on our employees to do the proper thing. And once you set a building inspector on a piece of property and his charge-is to inspect that piece of property and walk away from there knowing that all the codes have been met that he is in charge of enforcing, that's what we expect him to do. Now that is going to be very costly. I am getting that from you now, I don't think I did at 4:00 this afternoon. MR. MCCARTHY: It is very costly and is our building code officials skilled in all the federal laws that you are asking the homeowner to assert that it complies with? COUNCILWOMAN DOHERTY: They do that now. MR. MCCARTHY: All the federal laws? COUNCILWOMAN DOHERTY: Whatever the state.... MR. MCCARTHY: Very far reaching, the statement that you have in here but I will certainly be in favor of something that's health, safety and welfare but I believe this goes well beyond that and it's a bit over reaching into a lot of other aspects of code enforcement that could be taken on a different day with the building inspector, to go on to these properties, follow up on expired permits, do those things that something that is entirely separate. That's your goal, is to bring everything into compliance, I don't think that you ought to use the rental permit as your tool. SUPERVISOR RUSSELL: Fair point. COUNCILMAN DINIZIO: We might look into the bed and breakfast because bed and breakfast are inspected differently. Maybe that's where we have to go. Southold Town Board Regular Meeting June 5, 2018 page 82 MR. MCCARTHY: It just seems like it's the leverage point, you want something from us, now we want everything from you. I don't know if that's really the goal. Health and safety, the health, safety and welfare of the residents and their guests, I get it 100 percent but I think this meets that and goes well beyond it and I don't think that's your intention because it causes a lot of pain for the residents, it causes a lot of burden for inspection and it causes a lot of perhaps unintended consequence. COUNCILWOMAN DOHERTY: So I hear what you are saying and I agree to a certain extent but how are the officials of the town going to be satisfied that we're saying okay, you can rent in your house, we think your house is safe enough to rent to somebody else or we think your house is even safe enough to live in, how are we going to be satisfied with that? MR. MCCARTHY: I think you need to establish some standards that are specific to what you are trying to protect. If it's methods of egress, if it's smoke and carbon monoxide, if it's having a responsible party that can be called and respond to a nuisance... COUNCILWOMAN DOHERTY: Right. MR. MCCARTHY: If it's those things, yes, I can see that. Parking in the front yard or the driveway and drainage and everything else that's going on, if somebody doesn't have a CO for the deck because they didn't get it at some point in time, now they have got to get a survey and you can't rent your house, there's a lot of unintended consequences and I think they are two separate paths, one is for rental for health, safety and welfare and the other one is code enforcement, of what the town should be doing normally. Not resting it on the back of a rental permit. COUNCILWOMAN DOHERTY: Right. We are doing those other things normally and a lot of the stuff that's in here is also in other sections of the code and we are just making people aware this is what entails having a safe house! MR. MCCARTHY: How do we handle, we have two identical properties, somebody goes for a rental permit, now they are up to speed and there's no enforcement to their next door neighbor who may have identical circumstances? What are we doing for the health, safety and welfare of the people that rent that unit? COUNCILMAN DINIZIO: Tom, you have got to remember, we don't do that already. You are right, we are using this as an entry way of getting into a house and in making it meet today's standards, I agree. That's something that I don't know how you get around that. 'That's what it is. I mean, there are plenty of houses out there that are not properly CO'd. You can't go knock on their door. This is one way of getting in. COUNCILWOMAN DOHERTY: My thought process is, so if we just say okay, we are going for fire safety, you have got your smoke alarm, you CO2, this and that but we see other things aren't right but okay, we are not going to look at that because we are just doing rental law and then they rent it out and somebody gets hurt, something happens, they are going to come back to Southold Town Board Regular Meeting June 5, 2018 page 83 the town and say you gave the rental law, you said the house was safe. So I want to make sure that house is safe. MR. MCCARTHY: I don't know if I agree with that because I am not an attorney but... COUNCILWOMAN DOHERTY: Yes, I don't know how liable we are but... MR. MCCARTHY: I don't know and I don't want to make that assessment. I would defer to counsel (inaudible) and perhaps looking at it but I don't think that because you have a rental permit that somebody is saying that the aluminum wiring that you have in your house from 1972 that nobody could see is safe. I think that's a really far stretch. So I would encourage a collective conversation to revisit and say what are we really trying to achieve and is this the mechanism to achieve everything or is this just for the health, safety and welfare of the tenants? Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board that hasn't spoken yet? Just to let everyone have a chance. Right. Okay. MR. LADEMANN: I have never heard, I worked 23 years as code enforcement for the county, electrical investigator and I never heard of that before. Before that I was 18 years in my own electrical business. I don't know when they started this... SUPERVISOR RUSSELL: To have gutters? MR. LADEMANN: To have gutters. SUPERVISOR RUSSELL: You are talking about the drainage code of the town that requires people keep their runoff on site? MR. LADEMANN: Inaudible. SUPERVISOR RUSSELL: Not necessarily. There is a standard for that. I have to agree, now we are having a discussion on the merits of the drainage code and I do not think that was the intent of this code. I think there are things we have to revisit. I just want to say a few things and I think everybody said a lot of good things but I think there's issues here you're missing. The restriction on cars is because we have a lot of absentee landlords. You talk about stakeholders, Tom, every resident in Southold Town is a stakeholder of this code. There are absentee landlords that are putting people's lives at risk. We had a house fire just a year or so ago. Twenty seven people in one house. They are stakeholders. Try getting them to a meeting. I couldn't even reach out to get them help to relocate them because they live in fear of government intrusion. I don't know if it's a residency status issue or not but they are all stakeholders. The people that have to live next door are 'stakeholders. All of these people are and a lot of these have to do with bad actors. How do you go after the bad actors if you don't at least hold everybody to the same standard? How do you do that? If you don't have a current cap on cars, how do you go after the car that lets nine sit in his front yard? He's got the dumpster on one side Southold Town Board Regular Meeting June 5, 2018 page 84 and nine cars on the other and maybe eight of those cars have actual plates on them. So how do you address that? if you are going to create code, you can't just go after the bad guys. You have to create a code that sets a bar and then everybody has to live within that bar. And that's how you get the bad guys. So there's a lot of issues here we are trying to address and I admit, it's over-reaching, lam going to be the first to say, all of these issues you raised tonight, I think we need to sit down and have a more thorough discussion on it but understand something, the a lot we are trying to address here. I know Mr. Lademanin, we were neighbors. You keep your yard, it's impeccable. But a lot of absentee landlords don't. Which is why we have property maintenance requirements. So we are trying to address more than just public health, safety and welfare, we are trying to protect the quality of life for the people that live in communities next to these houses. Or down the block from these houses. The people that put the same effort that you put in. And it's for naught because they have to drive past a house every day that's in disrepair and we go out and we try to,prosecute on the property maintenance code, good luck finding this guy from New Jersey. Certified letters are getting returned to us. So it's some difficulty that we are trying to address, not just some of the, I think it's, it is a little over-reach but it can't be so narrow that it completely ignores all those other issues. Just so you know where we are coming from. COUNCILMAN RULAND: I think it's interesting to point out that the public hearing process is always a mystery to me because all of the things that were talked about tonight really need to take place prior to the draft. But the process is exactly the reverse. So what we see here tonight is that people have come and they have participated in a public hearing and they have made in many cases a very cogent discussion on something that concerns them enough that certainly I know that I say I agree with the Supervisor, that based on the testimony it is obvious we need to take another look at many of the points that the people who came and testified said. And I don't consider it and nor would I want it to be, turning into an `us versus them'. The supervisor made a good point that we are all citizens of the town and we have an obligation to say we want this to work for everybody and I think we certainly can because we have taken input from people who have expertise, input from people who own property, people just who have concern and I think that's more than reasonable and based on that I am glad we will leave the hearing open for another two weeks so we can get comment and perhaps based on that, I think Tom your suggestion is a good one, we certainly will need another code committee sit down and make sure the parties are aware of when it is going to be so they can participate. You know, I also, I agree on many of the safety points because the various fire departments have made passionate pleas to us about doing something. Alright, so if this is our proverbial first shot across the bow, a lot of ways you can say well, we just present a blank paper, we will have a hearing, we will take it all down and then we will do it because a lot of time and effort went into the draft but I understand that this is the way it has to be done. And people made comments on the draft and certainly I have taken a lot of notes and I know the town attorney has as well. I would look forward to moving forward, not in any way an adversarial position. SUPERVISOR RUSSELL: And I would say getting the application down to two pages, this is a town that has a three page application for yard sale permits. What we are going to do is table the public hearing, we are going to ask for input over the next two weeks and then sit down and Southold Town Board Regular Meeting June 5, 2018 page 85 figure out where we are from there. But I have to say everybody raised some good points. Just so you understand where we are coming from, the challenges we are trying to raise. COUNCILWOMAN DOHERTY: Thank you for coming out. SUPERVISOR RUSSELL: We have a motion to keep this hearing open for another two weeks. RESULT: ADJOURNED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: ' Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the agenda. Would anybody like to address the Town Board-on any issue? Melissa Billinghay MELISSA BILLINGHAY: I would. My name is Melissa Billinghay, I live at 4505 Vanston Road and I am a member of the Nassau Point property owners association. On the board we, I am a member of the board. On the board we do a lot of work to make our residents aware of drain problems, cleaning drains out, we have worked with the town to have some of the drains cleaned and we do feel that this is a top priority. I was recently told by Vinny Orlando that Vanston Road had, there were plans to repave Vanston Road. The entire road. And the board discussed that and we were concerned that that is a large expense for a road that is in fairly good condition. It does need repairs in many places but in entirety it doesn't need to be repaved and we would prefer the priority of spending to be on drain issues which can be very hazardous. So I don't know how else to communicate this. It's just something they wanted me to raise. SUPERVISOR RUSSELL: We will talk to the highway superintendent, I know we are scheduled for a meeting but that's for a couple of meeting, the annual meeting that I address. MS. BILLINGHAY: Yes. SUPERVISOR RUSSELL: Usually Vinny goes to that too, living down there I have to tell you, there's quite a few roads that are terrible.' Vanston Road isn't one of the worst, I will agree with that and it's also probably one of the longest but I don't know if his schedule is to start right now or he has a capital plan and he has identified the worst of the worst and he is doing those, I don't know where on the capital plan Vanston Road is, if it is this year or next year but I will get confirmation with him tomorrow. MS. BILLINGHAY: Okay, thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board Councilman Dinizio Southold Town Board Regular Meeting June 5, 2018 page 86 COUNCILMAN DINIZIO: I would just like to say that we have appointed a Planning Board member and a Zoning Board member, it was long overdue. It took us probably six months to pin it all down, I just want to thank everybody for submitting their resume and taking the time to come to Town Hall and go through the interview process. And I would encourage them to do that again, really, there was probably about 25 people. They all had particular skills, I think the two people we picked are great and they will do the job well and-I want to thank everyone for doing that and please stay interested. Supervisor Russell SUPERVISOR RUSSELL: Okay. Anything else? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:26 P.M. ynda Rudder Southold Deputy Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell