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Home My WebLink AboutTB-06/19/2018 ELIZABETH A.NEVILLE gpFFOJ Town Hall, 53095 Main Road TOWN CLERK' �oo�o eco°y PO Box 1179 co Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE,OFFICER 4, �aoTelephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING June 19, 2018 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 19, 2018 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on June 19, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of-Southold Councilman . Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold , Councilwoman Present Robert Ghosio Town of Southold Councilman ; Present i Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold 1 Town Clerk Present William M Duffy Town of Southold ! Town Attorney Present I. Reports 1. Planning Department Monthly Report 2. Justice Court Reports 3. Department of Solid WIste Monthly Report 4. Recreation Department Monthly Report 5. Town Clerk Monthly Report Southold Town Board Regular Meeting June 19, 2018 page 2 II. Public Notice III. Communications IV. Discussion 1. 9:00 AM -Jeff Standish 2. 9:15 AM - Michael Collins, Jamie Richter. Jeff Standish and Denis Noncarrow 3. 9:30 Am -Jamie Richter 4. 9:45 AM -Denis Noncarrow with Councilman Ruland 5. 10:00 Am -Vincent Orlando 6. Councilman Ruland 7. Councilwoman Doherty 8. Councilman Ghosio 9. Coastal Erosion Hazard Board of Review Appeal of Southold Sunset Holdings,LLC 10. Set Public Coastal Erosion Appeal of Southold Sunsets Holdings, LLC History: 06/05/18 Town Board ADJOURNED Next: 06/19/18 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 11. Amendments to the Fishers Island Enabling Act Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:20 AM for the purpose of discussing the following matters: Labor- Matters Involving the Employment of a Particular Person(S) Town Attorney re: Code Enforcement 11:30 AM - Councilman Ruland, Denis Noncarrow and Lloyd Reisenberg Litiaation- Long Island Power Authority v. Suffolk Southold Town Board Regular Meeting June 19, 2018 page 3 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 12. EXECUTIVE SESSION - Labor-Matters Involving the Employment of a Particular Person(s) 13. Proposed Changes to Highway Street Tree Code 14. EXECUTIVE SESSION -Litigation Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:35 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Moment of Silence for Reverend Dozier Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I am just going to ask everyone to continue to stand for a moment of silence for the Pastor, Reverend Dozier, he was actually one of the founding members of the Southold Town Anti-Bias Task Southold Town Board Regular Meeting June 19, 2018 page 4 Force. He's been a mentor and I am very proud to call him a very good friend. Thank you. Would anybody like to address the Town'Board on any of the agenda items to please feel free? Robert Dunn,. Peconic ROBERT DUNN: Robert Dunn, Peconic. I don't know if this is the right time, it's regarding the rental thing? SUPERVISOR RUSSELL: Yes. MR. DUNN: Okay, I didn't know if it should be at the end or not but in any case, I agree with it 100 percent. I kind of thought it should be done at the beginning but I guess you will be doing it later. I have a couple of questions about the way it's worded. COUNCILWOMAN DOHERTY: Excuse me, there's two differences here, you should be looking at the one in the back, 264. SUPERVISOR RUSSELL: First of all, Robert, can you just move the microphone a little bit this way? I have a hard time hearing you. The first one that appears, the first agenda item, that was what was the subject of the public hearing two weeks ago. I believe it is the intent of the Town Board to vote to withdraw that,the new one that we are noticing.... COUNCILWOMAN DOHERTY: 614. MR. DUNN: Is going to have the same wording, I would imagine. SUPERVISOR RUSSELL: It has been streamlined considerably. COUNCILWOMAN DOHERTY: Changes have been made. MR. DUNN: Mostly you eliminated the real estate stuff, right? COUNCILWOMAN DOHERTY: And we made a couple of other changes based on today's work session. MR. DUNN: Okay, well, hear me and I will sit down, 207-2, code enforcement official, the official who is charged by the town, it goes on and on and on, it lists all the people that may do it that are employed by the town and the one title that I don't see that we have is code enforcement officer. It is not in that list. And it seems to me that he would be that one guy that would probably do this the most. I know you make these things up from templates from other people and maybe.... TOWN ATTORNEY DUFFY: Yes, the code enforcement officer that has that title, he is going to retire and we are replacing with (inaudible)... MR. DUNN: Okay, fine. You do have an ordinance inspector, absolutely. Southold Town Board Regular Meeting June 19, 2018 page 5 SUPERVISOR RUSSELL: I would wonder, can we add that as a title and then if we fill that title, than someone is already authorized? MR. DUNN: You know what? Mr. Duffy, you know what defense lawyers do with little things. The code enforcer, now we are on to 207-6, the code enforcement official is authorized to make or cause to be made inspections to determine without the consent of the owner or the purpose of his duties, it is kind of saying the owner, if it's a rental unit, the owner may not have the right to go in there. do you follow me? When you rent something, you take possession of it. so it's.... COUNCILMAN GHOSIO: Which one are you specifically talking about? MR. DUNN: It's.... COUNCILMAN GHOSIO: Which one are you specifically talking about? MR. DUNN: B, 207-6 B. Basically you are saying... SUPERVISOR RUSSELL: I am not an attorney but you raise a good point. I will defer to Bill on it. MR. DUNN: You are saying that they can only give you a permit, let's say I am a renter, a legitimate legal renter, I have a contract with this owner, maybe we don't even have a lease so there is nothing written and now you are assuming that the owner has permission to allow you to go into my home and that could be a sticky wicket. I am just raising questions. I am not an attorney either. SUPERVISOR RUSSELL: That's a good point, actually. MR. DUNN: And again, any, section E, any dwelling whatever, it will be assumed that it is a rental if it is not the owner and that presumption shall be reputable. What if I had someone house-sitting my house? What if I decided to go to Europe for a month? I am not there... COUNCILMAN DINIZIO: We are talking about a permit to rent a house, it's a little bit different than house-sitting. MR. DUNN: This is presumption of rent. COUNCILMAN DINIZIO: Yes but would a person who is going to, you know, house sit a house sign a rental agreement? MR. DUNN: I am sorry? COUNCILMAN DINIZIO: Would a person who is going to house-sit in a house or whatever, are they going to sign a rental agreement. This is giving permission.... Southold Town Board Regular Meeting June 19, 2018 page 6 MR. DUNN: No, no. You are presuming it's a rental. SUPERVISOR RUSSELL: Yes, E you are talking about? MR. DUNN: On E, it's a presumption that it's a rental when in fact it may not be a rental, it may be somebody who is house-sitting.... COUNCILWOMAN DOHERTY: They would have the opportunity to explain that. MR. DUNN: Okay. They always have `the opportunity to explain and you guys aren't, nobody is saying off with their heads... COUNCILWOMAN DOHERTY: Right, right. MR. DUNN: So you will always have your day in court but I am just trying to avoid the town having to pay a lawyer to go and argue that. I just don't know if that wording is as best it could be. That's all I am saying. I am not disputing any of it, I think you guys are going 110% in the right direction. I just don't want to see you get into anything that is going to cause time or money later. And that's what defense attorneys get paid big bucks to do. Find these little holes that they can make something of it. no offense to attorneys. That's what they get paid to do, bottom line and if they do it good, they will find a crack, crawl over it and cost the town a lot of money. That's all I am saying. Thank you. oh, one more thing, surveys. I know there's been a lot of noise about surveys, I think and Mr. Ruland will probably know this as well as I do, almost every property in this town has been surveyed at one time or another and those files exist somewhere. COUNCILWOMAN DOHERTY: And just so you know, we did change it in the new proposal we are going to hopefully put forward later, we say that the, I forgot the wording, the application reviewer may ask for a survey. MR. DUNN: I got one when I bought my house, from a guy who had been dead for 20 years. I hunted it down, I got it updated because we did some work but I mean, they are out there. COUNCILWOMAN DOHERTY: Yes. Thank you. Anne Murray,East Marion ANNE MURRAY: Anne Murray from East Marion. Can somebody summarize, I had a question, I was unable to attend the work session this morning, so I don't know what was changed. I am trying to compare the one from two weeks ago with this one. are there any major changes in here? COUNCILWOMAN DOHERTY: Well, the one major change is the section about the brokerage. We took all of that out, that was... MS. MURRAY: About real estate brokers being liable? Southold Town Board Regular Meeting June 19, 2018 page 7 COUNCILWOMAN DOHERTY: Yes, yes. MS. MURRAY: Okay. COUNCILWOMAN DOHERTY: That was taken out, there was a couple of, one section changed a shall to may, we took out, we changed it that the town may ask for a survey, we took out the LLC and the corporation section.... MS. MURRAY: Because I see here brokers, agents responsibility section, 207-10.... COUNCILWOMAN DOHERTY: Are you looking at the section 614 because we, it is confusing tonight because we have to vote on what we had on the books from two weeks ago and we have another proposal, so if you look on 614 that's the latest proposal. Resolution 614. JUSTICE EVANS: Page 48 of the agenda. MS. MURRAY: So I am looking at the, you have two of these in here? COUNCILMAN GHOSIO: Yes. MS. MURRAY: Okay, no wonder we are all confused. Okay. COUNCILMAN DINIZIO: Well, one we are going to close the hearing. MS. MURRAY: Gotcha. Okay. COUNCILWOMAN DOHERTY: And I see effective date, Bill, did we change that effective date on the last page of the agenda? I don't know if Lynnie got the last paragraph that we changed. MS. MURRAY: Has it been changed from October? COUNCILWOMAN DOHERTY: Yes, it has. MS. MURRAY: To... COUNCILWOMAN DOHERTY: So basically the effective date is going to be a year from filing. MS. MURRAY: A year from the, and why is that? COUNCILWOMAN DOHERTY: To give everybody a year.... MS. MURRAY: So this will give people who are doing illegal rentals basically until next August to have to get everything in order? Southold Town Board Regular Meeting June 19, 2018 page 8 JUSTICE EVANS: No, it gives the code enforcement people a year to do the permits. MS. MURRAY: Right but this won't be enforced until over a year from now, is that what this is saying? I don't think this is a very good idea. COUNCILWOMAN DOHERTY: I agree with that. The majority wanted to, just for implementation purposes, this is more practical. - MS. MURRAY: Well, is the town hiring new code enforcement people to enforce this law or are you going to be waiting until the new fiscal year to do that? COUNCILWOMAN DOHERTY: No, we are hiring now. SUPERVISOR RUSSELL: There is a process already underway. MS. MURRAY: And can I ask why the real estate brokerage information is gone? Is that because the real estate brokers who were here last time objected to it? I mean, it seems to me that, I know that some real estate people in Southold have been participating in illegal short-term rentals, it would seem to me that it would violate their real estate brokers license in the State of New York if they assisted with illegal rentals according to this rental law, so I see no reason to keep them out of this. COUNCILWOMAN DOHERTY: What we have is they have to make sure that the owner of the premise has a rental permit and that's how we worded it now. MS. MURRAY: Okay. I guess, I haven't had time to read the whole thing. I just wanted to make sure that that was still in there. SUPERVISOR RUSSELL: Just in the interest of clarity, they are not permitted to either advertise or offer for lease any rental unit for which a current rental permit has not been issued. MS. MURRAY: Okay. Terrific. Thank you. So you are going to, last question, you are going to do away with the one from two weeks ago and you are going to enact this one tonight with the changes? COUNCILWOMAN DOHERTY: Set the public hearing for this. MS. MURRAY: So it won't be enacted tonight, there will be a public hearing set for a later date? COUNCILWOMAN DOHERTY: Correct. MS. MURRAY: Okay, thank you. John Lademann, CFD Southold Town Board Regular Meeting June 19, 2018 page 9 JOHN LADEMANN: John Lademann. I would like to know if you took out where you have to have a survey made of the property which I had brought up two weeks ago and it seems kind of ridiculous to spend $1,500 to have a survey made. COUNCILWOMAN DOHERTY: What we did based on today's work session was to say that the town may require a survey, so it's not mandatory. MR. LADEMANN: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on any of the agenda items? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,December 19, 2017 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter _0 ❑ ❑ ❑ 0 Accepted William P R_ulan_d Voter 0 El ❑ 11 Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder El ❑ ❑ ❑ Louisa P Evans Mover 0 El ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,January 16, 2018 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter 0 ❑ ❑ ❑ 0 Accepted William P Ruland Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,February 06, 2018 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dimzio Ir Voter 0 ❑ ❑ ❑ 0 Accepted William P Ruland Voter 0 ❑ ❑ ❑ ❑ Accepted as,Amended Jill Dohertv Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 27, 2018 Southold Town Board Regular Meeting June 19, 2018 page 10 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter Rl ❑ ❑ ❑ 0 Accepted William P Roland Voter D ❑ ❑ ❑ ❑ Accepted as Amended Till Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter z ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, March 14,2018 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dinizio Jr Voter z ❑ ❑ ❑ Rl Accepted William P Roland Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Jill Dohertv Voter Rl ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder D ❑ ❑ ❑ Louisa P Evans Mover ❑ ❑ ❑ Scott A Russell Voter ❑ ❑ ❑ Public Hearings Motion To: Motion to Close the Public Hearing on Rental Permits RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Motion to close PH on CEA RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell V. Resolutions 2018-568 Tabled 61512018 7:30 PM CATEGORY: Enact Local Law DEPARTAMINIT: 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 8°i day of May, 2018, a Local Law entitled "A Local Law in relation to Rental Permits" and Southold Town Board Regular Meeting June 19, 2018 page 11 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Rental Permits"reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, "A Local Law in relation to Rental Permits" 207-1 Legislative intent. A. The intent of this chapter is to preserve the aesthetic integrity of our residential neighborhoods, prevent neighborhood blight, protect residential property values, encourage residential property maintenance and enhance the quality of life in our residential neighborhoods. B. This chapter is intended to apply to all dwelling units within the Town of Southold. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code,Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and excessive vehicle traffic and parking problems and to overburden municipal services. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety,welfare and good order and governance of the Town will be enhanced by enactment of the regulations set forth in this chapter,which regulations are remedial in nature and effect. The Board also finds that owner occupied dwellings can also fall into disrepair and not be adequately maintained,which has a detrimental effect on neighborhoods. C. Nothing herein shall interpreted to supersede any requirements contained in Chapter 280 or any other chapter of the Town Code of the Town of Southold. 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: Southold Town Board Regular Meeting June 19, 2018 page 12 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; 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 Southold Town Board Regular Meeting June 19, 2018 page 13 RENTAL OCCUPANCY - The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL OCCUPANCY PERMIT -A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. 207-3 Neighborhood preservation requirements. A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent the accumulation of water. Gutters, culverts, catch basins, drain outlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized to prevent damage to any portion of the subject or adjacent properties or any improvements thereupon. B. Steps,walks, driveways, parking areas and other paved areas shall be maintained in good repair. C. Yards shall be kept clean and free of physical hazards and debris. D. All lawns, common areas and recreation areas shall be maintained in a clean and neat condition, and grass shall be cut periodically to restrict growth in excess of 12 inches in total height. No portion of a lawn shall be damaged or destroyed by overuse or by the parking or driving of motor vehicles on such established lawn area. Carpet, tarps, sand or materials that damage or destroy the lawn shall not be placed anywhere upon a front lawn at any time. No portion of any front lawn shall be used for the parking, placement or storage of motor vehicles, trailers, boats or campers. E. Exterior surfaces of any and all dwellings, structures and accessory structures, including but not limited to fences that are not inherently resistant to deterioration, shall be periodically treated with a protective coating of paint or other suitable preservative. All surfaces shall be maintained free of deterioration, including but not limited to broken or missing glass, loose or missing shingles or siding, crumbling brick, stone and mortar and peeling, scaling or deteriorated paint. F. Dwellings, structures and accessory structures shall be maintained so as to be free of conditions detrimental to safety or health. G. Dwellings, structures, accessory structures and property shall be maintained free of vermin, rodent harborage and infestation. Methods used for exterminating vermin and rodents shall conform to Suffolk County Health Department standards. H. Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse and sewage pursuant to Suffolk County Health Department standards. I. Floors,walls, ceilings and fixtures in residential dwellings shall be maintained in a clean and sanitary condition. J. Dwellings, structures and accessory structures shall be free of partitions or locked internal doors barring access between segregated portions of the building or dwelling unit. K. No bedroom or sleeping quarters shall have interior key locks or dead bolt locked doors servicing said bedroom or sleeping quarters. Southold Town Board Regular Meeting June 19, 2018 page 14 L. No bedroom shall constitute the only means of access of other bedrooms or habitable spaces, and bedrooms shall not serve as the only means of egress from other habitable spaces. M. Carbon monoxide alarms and detectors shall be installed on every habitable floor of any dwelling, structure or accessory structure with a carbon monoxide source, in accordance with the New York State Uniform Fire Prevention and Building Code and Town Code Chapters 100 and 144. 207-4 Fees. Rental Permit fees to be set by Town Board resolution. §207-5 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with a functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. &207-6 Inspections. A. No permit shall be issued under any application unless all the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York have been complied with. B. The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, morals and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during daylight hours or at such other time as may be necessary in an emergency,without consent of the owner, for the purpose of performing his duties under this chapter. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any Premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. 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. §207-7 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent iurisdiction, for the issuance of a search warrant in order to Southold Town Board Regular Meeting June 19, 2018 page 15 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. 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. (5) All applicants for a rental permit shall sign an affidavit stating that they have Southold Town Board Regular Meeting June 19, 2018 page 16 received a copy of and fully understand the Southold Town Code concerning the restrictions on the number of unrelated persons occupying said residence. (6) All applicants must submit the following documents: (a) An accurate property survey of the premises prepared by a licensed surveyor drawn to scale not greater than 40 feet to one inch, or, if not shown on the survey, a site plan prepared by a licensed surveyor or engineer, drawn to scale, showing all buildings, structures,walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities (b) Copies of all certificates of occupancy and/or pre-certificates of occupancy for all buildings and structures on the property. (c) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Building Division of any change of address submitted pursuant to this section within five business days of any change thereto. (7) Each application shall be executed and sworn to by the owner of the premises. (8) Any additional information required by the Code Enforcement Official. (9) All rental properties containing eight or more rental units shall provide for a designated site manager,who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. E. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal,New York State or Suffolk County guidelines. F. Renewal of rental permits. (1) The Code Enforcement Official shall design and approve a renewal rental permit application form. A renewal rental permit application signed by the owner shall be completed and filed with the Building Department on or 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) A renewal rental permit application shall contain a signed sworn statement setting forth the following: (a) That there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Southold local laws or ordinances pertaining to the property; and (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. Southold Town Board Regular Meeting June 19, 2018 page 17 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. X207-9 Revocation of permit. A. The Code Enforcement Official shall revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. It shall be the broker's or agent's duty to verify the existence of a valid rental permit before acting on behalf of the owner. B. It shall be unlawful and a violation of this chapter to accept a deposit of rent or 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 Southold Town Board Regular Meeting June 19, 2018 page 18 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. §207-12 Penalties for offenses. A. Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law �_ 10(1)(ii) a(9-a) and 10(1)(ii)d(3) and pursuant to 10(5) of the Statute of Local Governments, and is intended to supersede Town Law & 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. This chapter shall be effective upon filing with the Secretary of State, whichever is later. No violation,of this chapter will be charged prior to October 1, 2018. II. Severability. If any clause, sentence,paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof,but shall be confined in its operation to the clause, sentence,paragraph, section or part thereof directly involved in said judgment. III. Effective Date. This local law shall take effect upon filing with the Secretary of State. ✓Vote Record-Resolution RES-2018-568 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nav Abstain Absent ❑ Tabled P) Withdrawn James Dinizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter f7l ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hcwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting June 19, 2018 page 19 2018-569 CATEGORY. Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 19, 2018. ✓Vote Record-Resolution RES-2018-569 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 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 2018-570 CATEGORY. Set Meeting DEPARTMENT. Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 3, 2018 at Southold Town Hall, 53095 Main Road, Southold,New York at 7:30 P. M.. ✓Vote Record-Resolution RES-2018-570 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ EETown Clerk's Appt O] Supt Hgwvs Appt Southold Town Board Regular Meeting June 19, 2018 page 20 ❑ No Action ❑ Lost 2018-571 CATEGORY: Authorize to Bid DEPARTMENT. Town Clerk Advertise for Lubricant Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for supplying Automotive and Equipment Lubricants and Fluids for a period of one (1) year from the acceptance of the bid. ✓Vote Record-Resolution RES-2018-571 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ < ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ El 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 Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Z ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-572 CATEGORY.• Employment-Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Lloyd Kalin WHEREAS,the Town of Southold has received notification via U.S. Mail on June 5, 2018 from the NYS Retirement System concerning the retirement of Lloyd Kalin effective June 30, 2018 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire_of Lloyd Kalin from the position of Highway Labor Crew Leader for the Hij4hway Department, effective June 30, 2018. Southold Town Board Regular Meeting June 19, 2018 page 21 ✓Vote Record-Resolution RES-2018-572 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dinizio Jr Voter IZI ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder, Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter E ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-573 CATEG ORY.• Employment-Town DEPARTMENT. Accounting Amend Resolution 2018-559-Planning Board Appointment RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2018- 559 adopted on June 5, 2018 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Mary Eisenstein to the position of Member of the Planning Board effective June 5, 2018 through December 31, 2018. ✓Vote Record-Resolution RES-2018-573 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder RI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 573 Southold Town Board Regular Meeting June 19, 2018 page 22 SUPERVISOR RUSSELL: Just a quick clarification, actually we had appointed two weeks ago, the issue has come up that she actually is being appointed to the unfinished term of a member who has retired. This is just to close out the term. We can't go beyond that term as a matter of law, so it's not like we are trying to put Mary on a short leash. 2018-574 CATEGORY. Employment-Town DEPARTUENT. Accounting Amends Resolution 2018-560-Zoning Board of Appeals Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Robert W. Lehnert, Jr. to the position of Zoning Board of Appeals effective June 5, 2018 through December 31, 2022. ✓Vote Record-Resolution RES-2018-574 Q Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter Q ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter Q ❑ El ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-575 CATEGORY. Affordable Housing DEPARTMENT: Government Liaison 2018 Affordable Housing Allowances RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial sales price and maximum allowable monthly rent for 2018 for affordable housing units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD $233,400* median income for Nassau/Suffolk Households earning 100% or less of the HUD $291,750** median income for Nassau/Suffolk Southold Town Board Regular Meeting June 19, 2018 page 23 Households earning 120% or less of the HUD $350,100*** median income for Nassau/Suffolk * 2.5 times the 80% median income family of four -Nassau/Suffolk County ($93,360) **2.5 times the 100%median income family of four-Nassau/Suffolk County ($116,700) ***2.5 times the 120% median income family of four-Nassau/Suffolk County ($140,040) Monthly Rental Amounts May Not Exceed (utilities may or may not be included) Efficiency $ 1221.*** One Bedroom $ 1527*** Two Bedroom $ 1878*** Three Bedroom $ 2428*** Four Bedroom $ 2726*** *** represents HUD fair market rental RESOLVED that pursuant to Chapter 240-1 0-13(2)(c)[2][a] of the Town Code, the Town Board of the Town of Southold hereby sets $233,400 as the amount of payment required per housing unit for Moderate Income Family Dwelling Units not built within the Town of Southold's inclusionary zoning requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Long Island Workforce Housing Act. ✓Vote Record-Resolution RES-2018-575 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 Voter R1 ❑ 11 ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ 11 ❑ Rescinded Robert Ghosio Mover 12I ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost Comments,regarding resolution 575 SUPERVISOR RUSSELL: I just want to say, to underscore the crisis that is the rental housing in the county and in this town, we are about to adopt a resolution that identifies a rent of$2,726 a month as affordable. 2018-576 Southold Town Board Regular Meeting June 19, 2018 page 24 CATEGORY. Employment-Town DEPARTt't'IFNT. Human Resource Center Accepts Resignation of Debra Bellomo, PT Home Health Aide HRC RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Debra Bellomo from the position of Part Time Home Health Aide for the Human Resource Center effective June 20, 2018. ✓Vote Record-Resolution RES-2018-576 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ , James Duuzio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Welham P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's,Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2013-577 CATEGORY. Budget Modification DEPARTMENT. Accounting 2018 Budget Modification- Community Development Financial Impact: Correct budget for 2017 CDBG funding year RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Community Development Fund budget as follows: From: CD.2743.44 Community Development, Year 44 (J) $50,578 Total $50,578 To: CD.2743.43 Community Development, Year 43 (I) $50,578 Total $50,578 From: CD.8660.J.044.008 CAST $5,000 CD.8660.J.044.010 Maureen's Haven $5,000 CD.8660.J.044.015 ADA Access- Rec Center $42,090 Southold Town Board Regular Meeting June 19, 2018 page 25 Total $52,090 To: CD.8660.I.017.008 CAST $5,000 CD.8660.1.017.010 Maureen's Haven $5,000 CD.8660.1.017.015 ADA Access- Rec Center $42,090 Total $52,090 ✓Vote Record-Resolution RES-2018-577 Q Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent - ❑ Withdrawn James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost - ---- - - -- - --- -- - 2018-578 CATEGORY: Property Usage DEPARTMENT Recreation Field Use—North Fork W0777en's Softball League RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the North Fork Women's Softball League to use the little league field at Tasker Park for league softball games. Dates and times will be coordinated with the Recreation Department. Appropriate fees have been charged as per the rules and regulations on the application for use of parks facilities. Applicant has filed with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. An updated Certificate of Insurance will be obtained upon policy renewal. ✓Vote Record-Resolution RES-2018-578 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter Q El ❑ ❑ ❑ Defeated William P Ruland Mover Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter Q ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter Q ❑ ❑ ❑ 0 Rescinded Southold Town Board Regular Meeting June 19, 2018 page 26 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-579 CATEGORY.• Authorize to Bid DEPARTMENT. Human Resource Center Authorization to Advertise for Bids for Repairs to Curbing and Walkways at HRC. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for repairs to curbing and walkways at the Human Resource Center as part of the New York State and Municipal Facilities Program ("SAM") Grant: Project ID# 8289 Improvements to Southold Town Senior Center. ✓Vote Record-Resolution RES-2018-579 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled awn James Dmizio Jr Voter lZ ❑ ❑ ❑ ❑ Tabled Withdr ❑ Supervisor's Appt William P Ruland Voter lZ ❑ ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-580 CATEGORY. Contracts, Lease&Agreements DEPdRTMENT.- Trustees Letter of Intent &Annual Agreement with N.YS. E.F.C. C.V.A.P. - Town Punip Out Boat RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2018 Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, Request for Reimbursement form, and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the filing of a Clean Vessel Assistance Southold Town Board Regular Meeting June 19, 2018 page 27 Program Operation & Maintenance Grant Program Annual Application for 2018, for grant funds up to the maximum amount of$5,000.00 regarding the pump-out boat owned and operated by the Town of Southold, utilized for the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-580 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmtzio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Mover RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-581 CATEGORY. Attend Seminar DEPARTMENT. Highway Department Training-Skabry RESOLVED that the Town Board of the Town of Southold hereby ratifies a resolution to grant permission for Tom Skabry to attend on June 15th, 2018 a free safety training class to be offered at the Bayard Cutting Arboretum in Great River,New York at no cost to the town for travel, food, attendance and lodging. ,,'Vote Record-Resolution RES-2018-581 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dtmzio Jr Mover 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting June 19, 2018 page 28 2018-582 C4TEGORY.• Budget Modification DEPARTUENT: Highway Department 2018 Budget Modification -Highway Financial Impact:Regular Earnings RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: From: DB.5130.2.500.300 Other Equipment 719.00 DB.5110.1.100.100 Full Time Regular Earnings 20,000.00 DB.5130.4.100.500 Parts and Supplies 2,500.00 TOTAL $23,219.00 To: DB.5130.2.300.100 Light duty Vehicles 708.00 DB.5140.1.100.100 Brush/weed Regular Earnings 20,000.00 DB.5130.4.100.550 Tires 2,500.00 DB.5110.4.400.300 Drainage/piping 11.00 TOTAL $23,219.00 ✓Vote Record-Resolution RES-2018-582 10 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 El El ❑ Supervisor's Appt William P Roland Seconder [a ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter [71 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-583 CATEGORY: Refund DEP_4RTWIN'T. Town Clerk Refund- Cornell RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$30.00 to Tom Cornell 170 Jockey Creek Drive Southold,NY for the purchase of a disposal permit Southold Town Board Regular Meeting June 19, 2018 page 29 purchased in error. ✓Vote Record-Resolution RES-2018-583 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 Mover 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 2018-584 CATEGORY. Attend Seminar DEPARTMENT: Assessors Seminar- Claire Glew RESOLVED that the Town Board of the Town of Southold hereby grants permission to Claire Glew to attend an ACES (Assessment Community Enterprises System) Information Session in White Plains,New York on June 28, 2018. Travel and any other expenses incurred to be a legal charge to the Assessors 2018 budget. ✓Vote Record-Resolution RES-2018-584 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 Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-585 CATEGORY. Surplus Equipment Southold Town Board Regular Meeting June 19, 2018 page 30 DEPARTibIENT. Police Dept PD Asset Transfer to Highway Dept RESOLVED that the Town Board of the Town of Southold hereby transfers Asset#2689,2001 Ford F150 Ford pick-up with VIN #1FTRX18W81KB42975 from Southold Town Police Department to the Southold Town Highway Department, effective immediately. ✓Vote Record-Resolution RES-2018-585 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ El Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ El El ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-586 CATEGORY.- Employment-FIFD DEPARTMEINT. Accounting Appoint Alyssa Hadley Seasonal Cashier RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted June 11, 2018 that appoints Alyssa Hadley to the position of summer seasonal Cashier (FIFD) effective June 21, 2018 at a rate of$12.50 per hour ✓Vote Record-Resolution RES-2018-586 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/N'ay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ El Supervisor's Appt William P Ruland Voter 0 El 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 0 Lost Southold Town Board Regular Meeting June 19, 2018 page 31 2018-587 CATEGORY. Employment-Town DEPARTMENT: Accounting Hire Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints James Finora to the seasonal position of Pumpout Boat Operator for the Trustees, effective June 22, 2018 through August 6, 2018, at a rate of$20.00 per hour. ✓Vote Record-Resolution RES-2018-587 IZ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter d ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Acton ❑ Lost 2018-588 CATEGORY. Refund DEPARTMENT: Town Clerk Refund for Beach Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$20.00 to V. Demacopoulos, 5647 226th Street, Apt 1, Bayside, NY 11364 for a resident parking permit he applied for online but he is not a Town resident or property owner. ✓Vote Record-Resolution RES-2018-588 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter Z ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tabled El Withdrawn Jill Doherty Voter 0 El ❑ ❑ Supervisor's Appt Robert Ghosio Voter Z ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder Z El ❑ ❑ Rescinded Scott A Russell Voter Z ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting June 19, 2018 page 32 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-589 CATEGORY.- Fireworks Permit DEPARTMENT. Town Clerk Mattituck Environmental Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to Mattituck Environmental LLC for a fireworks display on Wednesday, July 4, 2018 at 9:30PM (Rain Date: Saturday, July 7, 2018 at 9:30 PM) at 9205 Skunk Lane, Cutchogue,New York, upon payment of a single fee of$100.00 and subject to the applicant's compliance with the requirements of the Town's Policy regarding the issuance of fireworks permits. ✓Vote Record-Resolution RES-2018-589 171 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter El ❑ ❑ 11I ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-590 CATEGORY: Refund DEPARTMENT: Town Clerk Refund for Beach Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$20.00 to Michael A. O'Donnell and Belina Mello, 314 8 Avenue Apt 3L, Brooklyn,NY 11215 for a resident parking permit as they applied for two (2) online but only needed one (1) permit. ✓Vote Record-Resolution RES-2018-590 2 Adopted Yes/Aye , No/Nay Abstain Absent Southold Town Board Regular Meeting June 19, 2018 page 33 ❑ Adopted as Amended ,lames Dmizio Jr Voter RI ❑ ❑ ❑ ❑ Defeated William P Ruland Voter [a ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover RI ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter EI ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-591 CATEGORY. Legal DEPARTMENT. Town Attorney Settlement-Kougentakis RESOLVED that the Town Board of the Town of Southold hereby authorizes the settlement of the litigation entitled "Town of Southold v. Petros Kougentakis and Anna Kougentakis", and further authorizes Supervisor Scott A. Russell, to execute the Stipulation of Settlement, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-591 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover Q El Ii ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Seconder 0 ❑ El ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-592 C4TEGOR Y• Budget DEPARTAIEN'T: Town Attorney NFPronzotion Council Funding Southold Town Board Regular Meeting June 19, 2018 page 34 RESOLVED that the Town Board of the Town of Southold, hereby authorizes a one-time payment of$25,000 to the North Fork Promotion Council to fund employees at the information booths located on the Main Road in Laurel and Greenport in providing information to visitors to the Town of Southold for 2018 season. ✓Vote Record-Resolution RES-2018-592 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 11 Withdrawn lames Dmizio Ir Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Wilham 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 2018-593 CATEGORY. Attend Seminar DEPARTMENT.• Police Dept Police Department-Homicide Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Harned to attend the 31St Annual Henry F. Williams Homicide Seminar in Albany New York from September 30 through October 5,2018. All expenses for registration and travel are to be a legal charge to the 2018 General Fund Whole Town Budget lines A.3120.4.600.225, A.3120.4.600.300 and A.3120.4.600.200. ✓Vote Record-Resolution RES-2018-593 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Dohertv 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 0 Lost Southold Town Board Regular Meeting June 19, 2018 page 35 2018-594 CATEGORY. Bond DEPART ENT: Town Clerk PH 7/3 7:30 Pin-SWMD Bond WHEREAS, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk,, New York, on behalf of the Southold Solid Waste Management District, in the Town (herein called the "District"), has, determined that it is in the best interests of the District to increase and improve the facilities of the District, by the acquisition of two front end wheel loaders at the aggregate estimated maximum cost of not to exceed $500,000, pursuant to Section 202-b of the Town Law; and WHEREAS, it is expected that approximately $25,000 may be received as a trade-in credit for a separate item of equipment, which may be used to pay a part of the cost of the new equipment,; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called "SEQRA") has found and determined that the project is a Type II Action and no further environmental review is required; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, on the July 3, 2018 at 7:30 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in the "The Suffolk Times, " hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, on July 3, 2018, at 7:30 o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the increase and improvement of facilities of the Southold Solid Waste Management District, consisting of the acquisition of two front end wheel Southold Town Board Regular Meeting June 19, 2018 page 36 loaders at the aggregate estimated maximum cost of not to exceed $500,000. The plan of financing includes the issuance of bonds in the maximum amount of $500,000; however, it is expected that approximately $25,000 shall be received as a trade-in credit for a separate item of equipment, which may be used to pay a part of the cost of the new equipment. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. Dated: June 19, 2018 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville, Town Clerk Town of Southold ✓Vote Record-Resolution RES-2018-594 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter i 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 2018-595 CATEGORY. Contracts, Lease&Agreements DEPARTMENT. Fishers Island Ferry District FIFD- C07771771nni>'y Theater RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 29, 2018 in regard to the management of the Community Theater. ✓Vote Record-Resolution RES-2018-595 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter 0 ❑ Defeated ❑ ❑ ❑ Southold Town Board Regular Meeting June 19, 2018 page 37 ❑ Tabled William P Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn hill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover CEJ ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-596 CATEGORY: Contracts, Lease&Agreements DEPARTMENT Fishers Island Ferry District FIFD-Stipulation ofAgreement RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 29, 2018 in regard to a Stipulation of Agreement with an employee. ✓Vote Record-Resolution RES-2018-596 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland 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 2018-597 CATEGORY. Contracts, Lease& Agreements DEPARTMENT Fishers Island Ferry District FIFD- CSEA Agreement Southold Town Board Regular Meeting June 19, 2018 page 38 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 29, 2018 in regard to a Stipulation of Agreement with the CSEA. ✓Vote Record-Resolution RES-2018-597 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ 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 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-598 CATEGORY. Contracts, Lease&Agreements DEPARMENT: Fishers Island Ferry District FIFD- Cummins, Inc RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 29, 2018 in regard to Cummins, Inc. ✓Vote Record-Resolution RES-2018-598 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 Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-599 i Southold Town Board Regular Meeting June 19, 2018 page 39 CATEGORY. Contracts,Lease &Agreements DEPARTMENT: Fishers Island Ferry District FIFD- Waiver of Procurement Policy RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 29, 2018 in regard to emergency repairs to road to the New London terminal. ✓Vote Record-Resolution RES-2018-599 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ 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 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-600 CATEGORY,• Contracts, Lease &Agreements DEPARTMENT. Fishers Island Ferry District FIFD-EAP Contract Renewal RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 29, 218 in regard to Behavioral Health Consultants, LLC. ✓Vote Record-Resolution RES-2018-600 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled James D1mZ10 Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ 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 0 Lost Southold Town Board Regular Meeting June 19, 2018 page 40 2018-601 CATEGORY: Employment-Town DEPARTMENT. Accounting Appoint Michael Chih PT Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Chih to the position of Part Time Code Enforcement Officer for the Town Attorney's Office, effective June 22, 2018, at a rate of$27.75 per hour, upon successful Civil Service and background completion. ✓Vote Record-Resolution RES-2018-601 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmtzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-602 CATEGORY. Contracts,Lease&Agreements DEPART WENT: Fishers Island Ferry District FIFD-Health Insurance RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 29, 2018 in regard to Harvard Pilgrim PPO HAS 6500 health insurance. ✓Vote Record-Resolution RES-2018-602 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 0 0 ❑ Southold Town Board Regular Meeting June 19, 2018 page 41 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-603 CATEGORY. Public Service DEPARTMENT: Fishers Island Ferry District FIFD-Fare Increase RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 29, 2018 in regard to an increase in fare rates ✓Vote Record-Resolution RES-2018-603 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ p ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 El El ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-604 C'ATEGOR Y.• Contracts,Lease&Agreements DEPARTTIENT.• Fishers Island Ferry District FIFD-Airport Building Roof RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated June 11, 2018 in regard to CR Schultz, LLC. ✓Vote Record-Resolution RES-2018-604 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 0 0 0 Southold Town Board Regular Meeting June 19, 2018 page 42 ❑ Tabled Jill Doherty Voter Q ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ 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 2018-605 CATEGORY. Contracts,Lease &Agreements DEPARTMENT. Fishers Island Ferry District FIFD-Morris &McVeigh RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated June 11, 2018 in regard to the law firm of Morris &McVeigh, LLP. ✓Vote Record-Resolution RES-2018-605 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ 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 2018-606 CA TE GOR Y. Committee Appointment DEPARTWENT.• Supervisor Water Conservation Committee Appointnnent RESOLVED that the Town Board of the Town of Southold hereby appoints Chris Pickerell to the position of Member of the Water Conservation Committee effective June 19, 2018 through Southold Town Board Regular Meeting June 19, 2018 page 43 March 31, 2022. ✓Vote Record-Resolution RES-2018-606 2 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James DInIZIo Jr Mover 121 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder C✓1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ID ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-607 CATEGO, F. Fireworks Permit DEPARTMENT.• Town Clerk Greenport Fire Department Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Phoenix Hook & Ladder Company 1 & 2 of the Greenport Fire Department for a fireworks display at 10:00 PM on Thursday July 5,2018 (Rain Date of: Friday July 6,2018) and Saturday July 7, 2018 (no raindate) at Greenport High School's Athletic Field located on the north side of Front Street and the east side of Moores Lane, Greenport,New York upon the payment of a single fee of$100 per event and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-607 IZ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Mover _ D El ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ID ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting June 19, 2018 page 44 2018-608 CATEGORY. Employment-Town DEPARTMENT Accounting Retirement Resolution for Elected Officials WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12,2009,who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE,BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer's Record of Activities) Day Time Keeping (Hrs/day) System Town Board Robert Ghosio Jr. 6 1/1/18-12/31/21 N 15.17 Council Member BE IT FURTHER RESOLVED,that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED,that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A.Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 19`h June of 2018 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six(6)of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 191h June of 2018 SEAL Elizabeth A.Neville Town Clerk Southold Town Board Regular Meeting June 19, 2018 page 45 Town of Southold ✓Vote Record-Resolution RES-2018-608 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till 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 2018-609 CATEGORY.• Employment-Town DEPARTIIIENT. Accounting Retirement Resolution for Elected Officials WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE,BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Tenn Begins/ Participates in Days/Month(based on Work Ends Employer's Record of Activities) Day Time Keeping (Hrs/day) System Justice Eileen Powers 6 1/1/18-12/31/21 N 21.91 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and Southold Town Board Regular Meeting June 19, 2018 page 46 BE IT FURTHER RESOLVED,that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. 1, Elizabeth A.Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened ineeting held on the 191h June of 2018 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six(6)of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 19th June of 2018 SEAL Elizabeth A.Neville Town Clerk Town of Southold ✓Vote Record-Resolution RES-2018-609 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 11 11 El❑ Withdrawn ❑ 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 Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-610 CATEGORY: Trailer Permit DEPAR731ENT: Town Clerk Special Trailer Permit - Cittting Edge Landscaping RESOLVED that the Town Board of the Town of Southold hereby 14rants approval of a temporary special trailer permit application of Cutting Edge Landscaping/Edward Danowski for a period of six (6) months from date of issuance to locate a trailer to house a night watchman for additional security on property located at 22290 County Road 48, Cutchogue, New York 06390 Suffolk County Tax Map 4 1000-84.4-3. ✓Vote Record Resolution RES-2018-610 13 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting June 19, 2018 page 47 ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty ; Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ 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 2018-611 CATEGORY: Close/Use Town Roads DEPARTMEIVT: Town Clerk Oysterponds Historical Society-Herdage Day Parade Financial Impact:Police Department Cost for the Event = $311.11 RESOLVED that the Town Board of the Town of Southold hereby 14rants permission to the Oysterponds Historical Society to use the following route for its Heritalze Day Parade in Orient on Sunday, July 1, 2018 staging to begin at 12:00 pm on Oysterponds Lane, from there to Main Road to Village Lane to the end of Village Lane,provided they follow all the conditions in the Town's Policy for Special Events on Town Properties Failure to comply with the conditions will result in the forfeiture of the clean-up deposit and denial of future requests. In addition,the police will post "No Parking" signs the niLFht before the event as requested. All Town fees for this event are waived with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2018-611 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 Voter 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 1 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting June 19, 2018 page 48 2018-612 CATEGORY. Budget Modification DEPARDIENT: Accounting 2018 Budget Modification-Engineering(DOH Grant) Financial Impact:Establish budget for Lead Service Line Replacement grant from the NYS Department of Health RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: Increase Revenues: A.3540.30 State Aid- DOH Lead Svc Lines $250,000 Total $250,000 Increase Expenditures: A.1440.4.400.400 Engineer, Contracted Services, Lead Service Line Replacements $250,000 Total $250,000 ✓Vote Record-Resolution RES-2018-612 10 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, Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter IZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter IZI ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-613 CATEGORY: Employment-Town DEPARIIVENT- Accounting Amend Resolution 2018-31 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2018-31 adopted on January 2, 2018 to read as follows: Southold Town Board Regular Meeting June 19, 2018 page 49 RESOLVED that pursuant to Section 267(1) of the Town Law, Leslie Weisman is hereby designated Chairperson of the Southold Town Board of Appeals for the term of January 1, 2018 through December 31, 2018; and be it FURTHER RESOLVED that the Chairperson of the Board of Appeals shall be responsible for furnishing to the Town Board a detailed monthly report of activities within her department; and be it FURTHER RESOLVED that the Chairperson of the Southold Town Board of Appeals shall be paid a salary of$8,000 per annum, in addition to her regular salary, effective January 1, 2018 through December 31, 2018, and the same shall be paid in regular bi-weekly payments. ✓Vote Record-Resolution RES-2018-613 21 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent El Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover R ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-614 CATEGORY.- Local Law Public Hearing DEPARTMEATT. Town Attorney Ph 7/31 7:30 Pm-Rental Permit WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 19th day of June, 2018, a Local Law entitled "A Local Law in relation to Rental Permits"now,therefore, be it RESOLVED, that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 31St day of July at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Rental Permits" reads as follows: LOCAL LAW NO. 2018 Southold Town Board Regular Meeting June 19, 2018 page 50 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 Leaislative intent. A. The intent of this chapter is to preserve the aesthetic integrity of our residential neighborhoods,prevent neighborhood blight, protect residential property values, encourage residential property maintenance and enhance the quality of life in our residential neighborhoods. B. This chapter is intended to apply to all dwelling units within the Town of Southold. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code,Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and excessive vehicle traffic and parking problems and to overburden municipal services. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety,welfare and good order and governance of the Town will be enhanced by enactment of the regulations set forth in this chapter,which regulations are remedial in nature and effect. The Board also finds that owner occupied dwellings can also fall into disrepair and not be adequately maintained,which has a detrimental effect on neighborhoods. C. Nothing herein shall interpreted to supersede any requirements contained in Chapter 280 or any other chapter of the Town Code of the Town of Southold. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Buildina Inspector, Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector, Electrical Inspector, Plumbing Inspector, Fire Marshal, Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. Southold Town Board Regular Meeting June 19, 2018 page 51 DWELLING A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY A building, other than a or apartment house, designed for and occupied as a residence by three or more families living independently of each other. DWELLING, ONE-FAMILY A detached building designed for and occupied exclusively as a home or residence by not more than one family. DWELLING, TWO-FAMILY A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. DWELLING UNIT A single unit within a building or structure providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. IMMEDIATE FAMILY The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises,with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit,whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL OCCUPANCY PERMIT A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 207-3 Neighborhood preservation requirements. A. Any property subject to the requirements of this chapter shall comply with all Southold Town Board Regular Meeting June 19, 2018 page 52 aspects of Chapter 100 of this Code and shall insure that:. 1. Steps,walks, driveways, parking areas and other paved areas shall be maintained in good repair. 2. Yards shall be kept clean and free of physical hazards and debris. 3. Exterior surfaces of any and all dwellings, structures and accessory structures, including but not limited to fences that are not inherently resistant to deterioration, shall be periodically treated with a protective coating of paint or other suitable preservative. All surfaces shall be maintained free of deterioration, including but not limited to broken or missing glass, loose or missing shingles or siding, crumbling brick, stone and mortar and peeling, scaling or deteriorated paint. 4. Dwellings, structures and accessory structures shall be maintained so as to be free of conditions detrimental to safety or health. 5. Dwellings, structures, accessory structures and property shall be maintained free of vermin, rodent harborage and infestation. Methods used for exterminating vermin and rodents shall conform to Suffolk County Health Department standards. 6. Adequate sanitary facilities and methods shall be used for the collection, storage, handling and disposal of garbage and refuse and sewage pursuant to Suffolk County Health Department standards. 7. Floors,walls, ceilings and fixtures in residential dwellings shall be maintained in a clean and sanitary condition. 8. No bedroom or sleeping quarters shall have interior key locks or dead bolt locked doors servicing said bedroom or sleeping quarters. 9. No bedroom shall constitute the only means of access of other bedrooms or habitable spaces, and bedrooms shall not serve as the only means of egress from other habitable spaces. 10. Carbon monoxide alarms and detectors shall be installed on every habitable floor of any dwelling, structure or accessory structure with a carbon monoxide source, in accordance with the New York State Uniform Fire Prevention and Building Code and Town Code Chapters 100 and 144. 207-4 Fees. Rental Permit fees to be set by Town Board resolution. §207-5 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with a functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. §207-6 Inspections. A. No permit shall be issued under any application unless all the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York have been complied with. B. The Code Enforcement Official is authorized to make or cause to be made inspections, Southold Town Board Regular Meeting June 19, 2018 page 53 to determine the condition of dwellings and to safeguard the health, safety, morals and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. D. Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. §207-7 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-8 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. (1) It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B. Application review; inspection of premises. (1) The Code Enforcement Official or his designee shall review each application for completeness and reject incomplete applications. (2) Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or(2) provide to the Code Enforcement Official an inspection report provided by the Town, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. Southold Town Board Regular Meeting June 19, 2018 page 54 C. Rental permit requirements. (1) Rental permit applications shall be in writing on a form provided by the Town and shall include the owner's name, address and telephone number. (2) Rental permits shall also include the maximum number of persons that are allowed to occupy the premises pursuant to this chapter. (3) Rental permits shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included. (4) All applicants must submit a sworn statement that to the best of their knowledge there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Southold local laws or ordinances pertaining to the property. (5) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand the Southold Town Code concerning the restrictions on the number of unrelated persons occupying said residence. (6) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for all buildings and structures on the property; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; (c) At the discretion of the Code Enforcement Official, an accurate property survey of the premises prepared by a licensed surveyor drawn to scale not greater than 40 feet to one inch, or, if not shown on the survey, a site plan prepared by a licensed surveyor or engineer, drawn to scale, showing all buildings, structures,walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities (7) Each application shall be executed and sworn to by the owner of the premises. (8) Any additional information required by the Code Enforcement Official. (9) All rental properties containing eight or more rental units shall provide for a designated site manager,who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. A Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal, New York State or Suffolk County guidelines. E. Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed Southold Town Board Regular Meeting June 19, 2018 page 55 and filed with the Code Enforcement Official on or 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) A renewal rental permit application shall contain a signed sworn statement _ setting forth the following: (a) That there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of \ Southold local laws or ordinances pertaining to the property; and (b) That there are no changes to any information as provided on the prior valid rental permit and application. (3) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises on which the same are located to take place pursuant to Subsection C(2) above. (4) The Town of Southold shall not accept, review or approve any renewal rental applications for dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. F. Registered motor vehicle restrictions. (1) Each rental dwelling shall be entitled to have one registered motor vehicle for each legally designated bedroom, as determined by the Code Enforcement Official, as well as one additional registered motor vehicle. 4207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. Southold Town Board Regular Meeting June 19, 2018 page 56 X207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a current rental permit has not been issued by the Code Enforcement Official. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding$5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law $ 10(1)(ii) a(9-a) and 10(1)ONO) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. I. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. Il. Effective Date. This chapter shall be effective upon filing with the Secretary of State. Applications for a rental permit shall be accepted upon the effective date of this chapter. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019. ✓Vote Record-Resolution RES-2018-614 21 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 2 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder El ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ 0 Supervisor's Appt Louisa P Evans Mover 10 0 ❑ ❑ Southold Town Board Regular Meeting June 19, 2018 page 57 ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 614 SUPERVISOR RUSSELL: Let me just say in reference to the last item, I know there was a great deal of request for public discourse on the rental permit, we have actually received a lot of information, we have streamlined the proposal considerably. We have also noticed this six weeks prior to the public hearing, so we want to give people ample opportunity to review it, make recommendations and continue to provide input as we move forward on it. 2018-615 CATEGORY.• Coastal Erosion DEPARTMENT: Town Attorney CEA -Southold Sunsets Holdings WHEREAS,the Board of Trustees denied the application of Southold Sunsets Holdings LLC (the "Applicant")requesting a coastal erosion hazard area permit to demolish existing one- story dwelling, decks and foundation; construct on a piling system to elevate the finished floor to 16ft. elevation, a proposed 957.77 square foot one-story, single-family dwelling with a combined 262.75 Square foot of seaward side porch area with 7.6' wide stairs to ground, and side deck area with 4' wide stirs to ground at SCTM #1000-54-4-3, under the Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold pursuant to Section 111-I I(c); and WHEREAS, on April 16, 2018, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on June 5, 2018, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated June 19, 2018, conditionally grantinj the application of Southold Southold Town Board Regular Meeting June 19, 2018 page 58 Sunsets Holdings LLC for a coastal erosion hazard area permit pursuant to §111-20 of the Coastal Erosion Hazard Area Code; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. ✓Vote Record-Resolution RES-2018-615 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 Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ 11 ❑ 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 Comments regarding resolution 615 COUNCILMAN GHOSIO: As I understood it,there were a couple of stipulations we wanted to go over, weren't there? SUPERVISOR RUSSELL: Yes. TOWN ATTORNEY DUFFY: Inaudible. That the applicant amend their application and get a treatment system and file a covenant that there will be no second story based on this house. COUNCILMAN GHOSIO: Okay, so it doesn't need to be part of the resolution. Very good. SUPERVISOR RUSSELL: The Town Board has just agreed to issue, based on an appeal to the coastal erosion hazard mitigation line permit, it is for reconstruction of a home down on Kenney's Beach. There are two conditions. First the house is essentially what it is now but it has been elevated. The Town Board just asked for two conditions which was no second floor Southold Town Board Regular Meeting June 19, 2018 page 59 permitted and the insistence that the applicant install an alternative treatment system, nitrogen reduction system. 2018-616 CATEGORY. Enact Local Law DE PA R TiVE ATT.- Town Clerk Enact Chapter 260, Parking WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 22nd day of May, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260,Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" reads as follows: LOCAL LAW NO. 6 of 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare. H. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-4. Stop intersections with stop signs. At Intersection Location Stop Sign on Direction of Travel With (Hamlet) Sound Avenue East Westphalia Avenue Mattituck Sound Avenue West Westphalia Avenue Mattituck III. SEVERABILITY If any clause, sentence; paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Southold Town Board Regular Meeting June 19, 2018 page 60 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2018-616 El Adopted ❑ Adopted as Amended ❑ Defeated - - "-- "- - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dinizio Jr Voter l ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter l ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:15 PM in order to hold a public hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell VI. Public Hearings 1. Ph 6/19 4:31 Pm - Chapter 260 Stop Signs This public hearing was declared closed at 5:18 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. 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 22nd day of May, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will Southold Town Board Regular Meeting June 19, 2018 page 61 hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 19th day of June, 2018 at 4:31 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 260,Vehicles and Traffic, in connection with Traffic and Pedestrian Safety" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Traffic and Pedestrian Safety". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-4. Stop intersections with stop signs. At Intersection Location Stop Sign on Direction of Travel With (Hamlet) Sound Avenue East Westphalia Avenue Mattituck Sound Avenue West Westphalia Avenue Mattituck III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have here a notarized affidavit that this has been noticed by the Town Clerk and I have a copy of a signed affidavit that this was advertised in the Suffolk Times. That's all I have. SUPERVISOR RUSSELL: Would anybody like to comment on this particular public hearing? ART BEISEL: Art Beisel, I live in Mattituck. My first time up here and I will try not to make it a habit. So, in regards to the stop signs both east and west, I am in favor of that. The Mattituck- Laurel Civic Association along with the members up here have done a lot of traffic study and Southold Town Board Regular Meeting June 19, 2018 page 62 everything else. I was out this morning, I took some photos which will probably show, after I was almost run over that there needs to be a stop sign especially going west on Old Sound at Westphalia and also east bound before the mandatory left turn on to Westphalia because everybody is going each different way. The other thing I would like to mention though, is that on the way down Westphalia, there is no crosswalk painted for pedestrians at the southern end of Love Lane. And so I would at another time when you take that up, possibly painting pedestrian crosswalk and as I was watching the traffic at Westphalia, at the intersection with Pike Street, I think for public safety while you have the stop signs out, put a stop sign there going north at the south east corner of Westphalia and Pike before you go over the railroad tracks, because people don't stop turning either way and you cannot see the oncoming traffic until they get over the tracks. So I think you'd avoid any possible accidents and injuries and I guess the ultimate goal is to slow down the traffic in the town. So again, I am in favor of that for whatever that is worth and thank you. SUPERVISOR RUSSELL: Thank you. CHARLES (INAUDIBLE): Charles (Inaudible), also from Mattituck and Laurel. I have been speaking to maybe a dozen people about this issue and they are unanimous in their feeling that there is an urgent need for both stop signs at that intersection. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this hearing? (No response) Closin1l Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the agenda, I am going to invite anyone that would like to address the Town Board on any issue to please feel free? Pat? Patricia Moore,Attorney PATRICIA MOORE: I have a petition, so with your permission, I have enough for everybody so if you want to take one and pass it down. This is a petition from the homeowners on Hashamomuck Pond, the area that we were talking about is south of the north road, it is between, well, it's east of town beach. It's called Hashamomuck Pond but it's also been known as Hashamomuck Creek, Mill Creek, it's that general water body that is blocked by the railroad bridge on the Main Road and then the North Road, so you see it between those land masses. What the homeowners and myself, we have been speaking with the Town Trustees about the prohibition of docks on Hashamomuck Pond. This has resulted in consequences to the wetlands which was not anticipated when that was first adopted. We have been asking about changing the code, the Trustees seem to be in favor of it but obviously you are the legislative body that needs to take on that project and that public hearing process, so the petition does spell out the reason behind it. In particular, this is a recreational water body. The physical limitations of the bridge really result in motorized vessels being just simple little motor boats that are outboard motors, so Southold Town Board Regular Meeting June 19, 2018 page 63 a typical Boston Whaler or typical other small craft. Many of the homes on Hashamomuck Pond had docks and these docks over the years either were deteriorated or needed replacing and because of the code change that prohibited from the docks being placed in this waterbody, those that had docks that needed replacement couldn't and those that had docks, history of docks showing on surveys, could not construct it because of the prohibition. Most of the homes, if you have an opportunity to go down Ruch Lane where the Hashamomuck B & B is located, if you go down that block, you will see that those homes that have docks have very healthy wetlands. For those that do not have docks, you actually have the fragmentation which is what the whole law was about. It cuts openings in the wetlands because that is the access point, so it really ruined the wetlands, the docks themselves are now with the specialized materials, the size limitations, we have really in the wetland code a great deal of regulation and the Town Trustees can customize, we can customize the design of the docks to fit that waterbody. So it is time to re- evaluate the code that was adopted in 2009. We are many years beyond in both the materials and the experience that we all have, so I would ask, urge, the Board to please take it up for legislative change, we can speak with respect to Hashamomuck Pond and the Ruch Lane people but I am sure that Bay Avenue which is coming from the Main Road Colony Road, Bay Avenue that comes from that direction, has similar impacts. You see their docks, they are not large docks, they are relatively small ones with small posts and over the years those have been damaged by storm, you see that they can't get their docks reestablished. So it is affecting all of these homeowners adversely and we would ask for your help in correcting the code. Thank you. SUPERVISOR RUSSELL: Yes, former Trustees, does anybody recall why this prohibition was put in place. I think this goes back a long time. COUNCILMAN GHOSIO: Yes, that was in 2007 when they adopted that code. This was an area that I believe there was a lot of concern because of the issues with the clams and with the area being closed to shellfishing and they were doing all kinds of attempts to mitigate problems that were there and then of course, we had the Arshamomaque study and decided to work on drainage issues there and that became a big help in trying to turn around the Pond. There have been several issues there, one of them was also using motor boats and having races in the Pond, that had come up at one time. Whether or not it has been successful or not, you know, it stands to, I have to look at it again, it's been a number of years. If there has been some segregation of wetlands because of people dragging boats through the wetlands, trying to tie up to their moorings and dragging the boats in and out then they have to think about that, talk to the Trustees and get their opinion. MS. MOORE: I mean the materials, the free flow materials that are available now really do allow for all the vegetation to grow, I think also at the time the west side of Hashomomuck Pond had not been acquired by the town so there's been a lot of land acquisition. As you point out, the drainage code now deals with drainage and any home that is being renovated has to comply with the drainage code. So a lot of the impacts, there might have been an easier way to do it other than prohibit docks but over time I think all the other laws, the environmental regulations that have come in have mitigated everything, so .... COUNCILMAN GHOSIO: And mitigation of the rail runoff there has been a big part of it. Southold Town Board Regular Meeting June 19, 2018 page 64 MS. MOORE: Yeah, the rail runoff, I think the county road design has been, they put in drainage so that was a big source of road runoff because the roads themselves, Ruch Lane has no road runoff because there is no road there that runs directly into the pond. The only other one I can think of is off of Bay Avenue, they have some boat launch areas that allow their homeowners to launch some small craft with trailers but it's a very small number. The boating is very minimal because of the inability to get to the Bay. You are blocked off, the best you can do during low tide, very, very very low, flat boats but for the most part the boats are very simple recreational, water skiing that is occurring. And we actually have somebody that lives off of Bay is a national champion water skier who has grown up there, so it's really a lovely area but I think it's time to look at the dock ordinance. I think someone else wants to speak. John Pitman JOHN PITMAN: My name is John Pitman, I live on Ruch Lane, right down from Pat Moore. I couldn't quite understand everything you were saying, I didn't quite see the connection between what you were saying and how it applies to docks but I did a little bit of research when I knew this petition was coming up and I looked into some of the national, New York and Connecticut laws regarding dockage and what I found in reading these articles is they didn't really talk about animal life like scallops or crabs, it was mostly about vegetation. And they did a study in Connecticut recently that showed the right way to build a dock to provide the most benefits and they have a ratio of 1.5 times the width, so if you have a 3 foot wide dock, you would multiply it times 1.5 which makes it 4.5, that's the height you have to have the dock above the lowest water mark and what that allows is enough light to get in there for proper growth. Now the benefit of Hashomomack Pond is that most of the docks would be in a north/south direction which is the most ideal setting because the sun would come up in the east and set in the west and you would have light underneath the docks the entire time. And according to a study done by and I won't use their names, they said that the effects of the docks is almost zero. You would almost be leaving the marsh land like it should be and they did this in controlled studies in Connecticut. I went around and I figured out how many homes there are on the waterfront and it's about 50 homes. I don't know ifthat includes some homes that have a deeded right of way that live across the street from the water but it's approximately 50 homes. If each home had a three foot wide dock that would be about 150 feet of covered shoreline. The bay is about a mile long so in a two dimensional direction, that's about two miles around the area of the bay. So if you put a dock on every single home, you are only talking about covering 1.4 % of the shoreline, the land, which is very minimal. And I suggest that there are a fair amount of houses that probably don't want a dock, so we are really talking about covering a small amount. Now as Pat mentioned, the fact that people are really getting into kayaking and other boatings, they have to drag it across these wetlands and they have caused damage whereas I see a dock as being a way to preserve the land. The Hashomamack Pond is really like a park. There are people there that swim, fish, we have sailboats we have motor boating, water skiing, it's really a large recreational area. And the man that she referred to about the skiing champ, he once told me that this is like a private park because it's ours. So we see putting docks up as an advantage as preserving and being non- detrimental to the marsh lands. Thank you. SUPERVISOR RUSSELL: I was just going to ask, the three foot width is based on how much of a length? To come up with 150... Southold Town Board Regular Meeting June 19, 2018 page 65 MR. PITMAN: The length, they didn't talk, not that I recall, what they say is you should extend out past the low water mark and then you have a ramp that goes to a floating section and the floating section should be 10 by 10 or 100 square feet. SUPERVISOR RUSSELL: Thank you. COUNCILMAN GHOSIO: It's got to go out to a certain depth though. And how far out it goes depends upon the depth off the shoreline and how it (inaudible). Right. SUPERVISOR RUSSELL: Functionality. Would anybody else like to speak on this? What I would suggest is I would like to refer to the Trustees for their recommendation, they can bring it back to the Town Board. Ms. Moore MS. MOORE: That would be great. SUPERVISOR RUSSELL: And you have talked to them? MS. MOORE: Sure. SUPERVISOR RUSSELL: No, you have them? MS. MOORE: Oh, yes. SUPERVISOR RUSSELL: So they are aware of it. Okay. They haven't brought it to our attention but I would be happy to send this formally to them and ask they to give us their recommendation. MS. MOORE: Yes, please. Thank you. SUPERVISOR RUSSELL: Sure. Who else would like to address the Town Board on any issue? Robert Dunn ROBERT DUNN: Robert Dunn, Peconic. During the recess this morning I talked to a couple of you about this and actually Mr. Ghosio just read off an item that had an address on CR 48. The county is changing the signs on CR 48 to Middle Road. I don't know if everybody is aware of it. I never knew this before. I couldn't care if they called it Park Avenue but I just think it's important that Police, Fire, EMS, everybody should know what it is. And I spoke to one person in town before I spoke to Mr. Ruland and Ms. Doherty this morning and he had no idea of it. He called someone from the county and they were kind of vague on it. So you should all be aware of what is, is what is. SUPERVISOR RUSSELL: Yes. I heard about one and I did not realize... Southold Town Board Regular Meeting June 19, 2018 page 66 COUNCILMAN DINIZIO: No, they are all over. I know that the Hagstrom's calls it Middle Road. MR. DUNN: That may be so and Google calls it North Road and you know, whatever it is, it's fine with me, I don't care. COUNCILMAN DINIZIO: There's a reason for it. You know, there's a story behind Middle Road... MR. DUNN: Oh, I am sure there is. I am sure there is but and it's probably common sense, I mean, most of the stuff that was done previously was based on common sense rather than based on politics or (inaudible) but the reality is we need to be assured that everybody who needs to find an address on this Middle Road knows where Middle Road is. SUPERVISOR RUSSELL: Sure. COUNCILWOMAN DOHERTY: So after I spoke to you about it and Lloyd and Zac in his office came back to me, so what they do with the 911 system, they have aliases and so they put Middle Road as an alias to 48 so when 911 system comes up with that it is going to come up with all the different names. Just so you know. And the other thing.... MR. DUNN: You know, I am not, when I bought a house, I bought a house on Mill Lane. It's now Mill Road. And then I have seen maps that call it Inlet Road. But I am just concerned is that everybody is on the same page. SUPERVISOR RUSSELL: My concern also is mail, I would probably have to... MR. DUNN: The post office knows it. SUPERVISOR RUSSELL: They do? Are they going to, because we send out an awful lot of tax bills each year. MR. DUNN: Right. Right. SUPERVISOR RUSSELL: A lot of mail. COUNCILWOMAN DOHERTY: Scott, does that, if the town needs to go to the county for a request to change their signs, does that go through the Tax Assessors Office? SUPERVISOR RUSSELL: No? COUNCILWOMAN DOHERTY: I am just thinking of all the addresses. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? Southold Town Board Regular Meeting June 19, 2018 page 67 Sal Diliberto SAL DILIBERTO: Good afternoon, Sal Diliberto, board member of Long Island Wine Council, past president. I just wanted to continue briefly the discussion regarding the food truck issue and specifically I was looking because I know Scott, you had mentioned when we met something about a law that prohibited the sale of food by food trucks in the AC district etc and I wasn't sure exactly which law we were talking about? SUPERVISOR RUSSELL: It's not a law that prohibits it specifically, the code prohibits retailing in the R 80 and the Agricultural zones and it's retail. MR. DILIBERTO: And where is that in the law? SUPERVISOR RUSSELL: If you look at the uses that are permitted under those codes, under those zones, you will see that retailing is not referenced. And the way the code works, if it is not referenced as specifically allowed or not allowed under a special exception, it is not allowed. MR. DILIBERTO: Yeah but when we are talking about the wineries, we are talking about for example wineries in the agricultural district... SUPERVISOR RUSSELL: Right. MR. DILIBERTO: And they are retail establishments. SUPERVISOR RUSSELL: And they are permitted by code. MR. DILIBERTO: Okay, they are specifically permitted by code. So we are just saying that a transient vehicle or just a vehicle that comes to that location is not permitted to come to that location? SUPERVISOR RUSSELL: Retailing isn't permitted in those zones. It doesn't matter what the retailing is, retailing is not permitted. MR. DILIBERTO: It doesn't matter whether it's transient retailing or just retailing. SUPERVISOR RUSSELL: Retailing. a MR. DILIBERTO: Any retailing whatsoever. Okay. Okay. I just wanted to get the basis of that. SUPERVISOR RUSSELL: Bill, am I correct? TOWN ATTORNEY DUFFY: No, you are absolutely right. Wineries are specifically allowed to sell their product, those are the sales that are allowed. Otherwise there's no retailing in residential zoning districts. Southold Town Board Regular Meeting June 19, 2018 1 page 68 MR. DILIBERTO: Okay,, so if a violation was going to be issued, the violation would specifically point to a provision of the law that was violated, am I correct? TOWN ATTORNEY DUFFY: Yes. MR. DILIBERTO: Okay and what would it say was violated? TOWN ATTORNEY DUFFY: That it's not an allowed use under (inaudible) MR. DILIBERTO: It would just say not a permitted use in the zoning. TOWN ATTORNEY DUFFY: Yes. MR. DILIBERTO: Okay, thank you. Steve Bates STEVE BATES: Steve Bates, Long Island Wine Council. I also wanted to continue this discussion for a second because the food truck issue is another example of kind of a gray area around permitted uses in wineries. COUNCILMAN GHOSIO: Before you go in on that, I don't see it as a gray area, I'll be perfectly frank with you before we go into a long discussion on this, I don't see this as a winery issue. It's a food truck issue, it is not a permitted use they are not permitted here and frankly I don't see the will for the Town Board to be able to allow.... MR. BATES: Well, let me... COUNCILMAN GHOSIO: So I am not quite sure where the debate is. MR. BATES: I will tell you why it's a winery issue because we, there are certain things that wineries are allowed to do under state law, they are permitted to do and in some cases there are actually obligated to serve food to compliment a wine tasting.... COUNCILMAN GHOSIO: Yes, but that doesn't necessarily have to be a transient business from out of town. Why not just serve cheese and crackers like you used to do? MR. BATES: But where are they going to get, the thing is, if they are going to be able to serve food to compliment a wine tasting which is in the code, in the special events law at least, it says that is not covered under the special events permit, where are they going to get that food? They can't have commercial kitchens, there is a whole discussion going on up in Albany right now about a memorandum of understanding that goes back several years between the Department of Ag and Markets and the State Department of Health on who has jurisdiction over farm kitchens and processing and that's currently being updated. My only point is this is a good time for the town to take a look at some of the permitted uses again, we did this about five years ago and I sent you a draft proposal that was prepared by the Town Attorney at the time which you know, we had some issues with but it was a good starting point for discussions and it recognizes certain Southold Town Board Regular Meeting June 19, 2018 page 69 things could be done as of right and that other things wouldn't necessarily require a permit because they didn't fit under the permitted uses, so my only point today is to see whether we could launch or relaunch that discussion whether it's through the Ag Advisory Committee or somehow with the Town Board because there are a lot of gray areas. You say it's pretty clear but the fact is, for the last 8-10 years there have been food trucks at wineries and all of a sudden now it's an issue and there may be other things that people come up with. As it was said last week, it's a moving target. I mean businesses are always trying to come up with new ways to make money and survive... COUNCILMAN GHOSIO: I have got to be honest with you, 8-10 years you have got food trucks at the wineries, I haven't seen them so either they are being hidden behind us which would indicate that you understood it was against code or I am just not getting out enough. I think the argument that there has been a proliferation of food trucks in this town for 10 years is a specious argument at best. MR. BATES: No, I think there has been a growth very recently in food trucks but food trucks have been around for more than just five years. COUNCILMAN GHOSIO: I don't know, a hotdog truck on the North Road, that was the extent of it. MR. BATES: Well, anyway, I sent this draft proposal and I would appreciate it if the Town Board would consider some way for us to continue the discussions on it. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on any issue? Chris? Chris Baiz CHRIS BAIZ: Chris Baiz, Southold Chair of the Agricultural Advisory Committee. I hope you all enjoyed the Harvard study that you received last night concerning the whole endemic issue of food trucks across the United States, it was just brought to my attention. I thought it was just an interesting article about how several cities were dealing differently with the issues that revolve around all of that. I think in terms of whether there is a solution for this or not, I think in our situation at the present time it's what is retailing and if it is retailing at the location in the low density zones, is it retailing when a guest, shall we say to a vineyard winery, goes down the road to the deli and buys some sandwiches there and brings them in for his wine tasting and maybe a glass of wine or maybe sharing a bottle of wine with some guests, is that retailing or is that an off-premises purchase? If the guest comes into the tasting room and goes to the tasting room cashier and says I would like to place an order for food at such and such a deli, can I go pick it up and bring it back, is that retailing? Can the guest come in and say I would like to order some food with my wine tasting, can you call the deli and have them deliver it to the tasting room so they prepare the package of food that comes down, let's say the guy has pre-paid with his credit card over the phone with the order, however they do it today with these smart phones and clicking through or is it retailing only when the truck comes down to the venue and then the food is prepared and the guest walks out to the truck and exchanges currency for the food which retailing is the exchange of currency. So in between the last two proposed cases, is that area Southold Town Board Regular Meeting June 19, 2018 page 70 where one could go into the tasting room and order a package that includes wine tastings and wines or glasses of wine and a food package and he pays the tasting room clerk at that point for the package and he is handed a ticket for the food side of the purchase and he takes the ticket out to the purveyor of the food at the property. At the tasting room. Is that retailing in the sense where we are thinking of retailing is not allowed? What, to what extent and somewhere in there I think in that range from having to drive down to the deli and pay for it and bring it back then order your wine, somewhere between there and the actual event of the truck being on site and you go out to the truck and purchase the food which is retailing from a third party vendor, somewhere between those two there is a point where retailing drops away at the food truck based upon some agreed upon mechanism and I think it is a discussion whether there is a mechanism can be found to ameliorate all parties concerned? COUNCILMAN GHOSIO: At what point does a tasting room become a bistro... MR. BAIZ: Become a? COUNCILMAN GHOSIO: A bistro or a restaurant? That's, you know, if you are talking about a tasting and you have to serve food because people are drinking alcohol, you know frankly, if they have got eat so much food to offset the amount of alcohol they are drinking, it's no longer a tasting room. MR. BAIZ: That's right. If they need a lobster roll and French fries and a salad, that's a meal. So but I think this is the area where our discussion needs to be a little more focused and refined. If there is an acceptable area there, an acceptable mechanism, both in terms of quantity and methods of transaction that is not deemed retailing or is over the line and is deemed retailing. And I think that's where we need to have the discussion on this and if it is literally, doesn't make any difference what kind of a coupon or a ticket or whatever you pass on the property, that is still retailing, okay, well then we have to back up and consider for the future alternatives that might be modified in the low density zones for permitted uses or accessory uses etc. So those are some thoughts and any time we can all get together and hash this out or refine our points and find out what is more acceptable, what is less acceptable, I think that's where we could go. SUPERVISOR RUSSELL: You know, look, one of the issues here is their recent growth as Steve just said, we have, it used to be somewhat sporadic and scattered throughout the town. They were occasional, we had other priorities in terms of enforcement but now, they are everywhere. They are operating in a lot of different locations and they are not permitted. Retailing, I mean, it's a lot to say let's look at the idea of retailing in the agriculture/residential zones. It is a food truck issue, it's not a winery issue. With regard to what's allowed and the ambiguity, the town code already allows for the sale of food by wineries. It is specified. It is limited, it is certainly not to the extent that a food truck can offer but it is there. I also want to remind everyone that this isn't new, the code has been there for years, there's no new policy, no new code. What we have is an issue that needs to be addressed because we have a growth industry that's... MR. BAIZ: Pushing the envelope. Southold Town Board Regular Meeting June 19, 2018 page 71 SUPERVISOR RUSSELL: And then some. But the wine council came before the Board two years ago to address this. They outlined their policy at the time which was to prohibit outside food. They outlined packaging and reselling of gourmet items, establish relationships with local purveyors to provide locally sourced snack boxes, things like that. So those are the goals that they, they weren't done at the insistence of the town. Those were the goals of the council itself. Clearly that might have changed but I think they had a good understanding then of what the code permitted then, that's really what's allowed. MR. BAIZ: And I think again, back to the original discussion of retailing, at what point does it become outright retailing versus not retailing. SUPERVISOR RUSSELL: When it exceeds what is specified in the code. MR. BAIZ: Okay. So the food truck comes in and it's preparing the packaged cheese and crackers and that's all they do. And so is that retailing when you walk out to the food truck and you purchase your cheese and crackers from them or is the food truck sitting there and you make your purchase at the tasting room bar and the food truck staff delivers to the table and the tasting room? COUNCILMAN DINIZIO: May I comment? MR. BAIZ: Yes, sure. COUNCILMAN DINIZIO: You know, we originally outlawed commercial kitchens and it really was for that reason, so they wouldn't be having restaurants in residential zones. MR. BAIZ: Exactly. COUNCILMAN DINIZIO: And so that's still there. you know, so that's a deterrent for something that might be a restaurant there, right up until the time you put four wheels on a commercial kitchen and drive it into the place and start preparing things that you could do in a commercial kitchen. That is where I see the crux of the problem. The impression I got at out last discussion was that it's inconvenient for the owners to prepare that kind of food... MR. BAIZ: So they said. COUNCILMAN DINIZIO: Well, no, no, it seems like it's easier to call the guy up and say let's have a lobster roll truck for the day and let's have a tasting with lobster stuff. Okay? And that's the impression that I got, okay. And so how do we solve that problem? The problem is, I don't know because I don't know what they are capable of doing. Inaudible. MR. BAIZ: The operator of the food truck. Southold Town Board Regular Meeting June 19, 2018 page 72 COUNCILMAN DINIZIO: No, not the operator of the food truck, the food truck honestly is a dispute that, I think if we violated them, if the town actually wrote a violation on those food trucks... MR. BAIZ: Right. COUNCILMAN DINIZIO: That would be taken care of for the summer, by that person who got violated, filing an Article 78 or going to the ZBA and appealing that. Okay, we can move down the road while that happens because basically we have a policy that says you can't stop everybody if the guy is appealing it. MR. BAIZ: Okay. COUNCILMAN DINIZIO: That's what happened to the winery guy with the family... MR. BAIZ: Yes. COUNCILMAN DINIZIO: , So you know, that's a situation you can get yourself out of but I think that the commercial kitchen that we have always had, we always outlawed, that's the crux of the problem here. MR. BAIZ: I thought it was retailing, third party retailing. COUNCILMAN DINIZIO: Well, no, that is. Commercial kitchen, commercial, okay, means you are selling stuff... MR. BAIZ: Okay, the commercial kitchen on four wheels, okay. COUNCILMAN DINIZIO: So it looks to me like an end run because you are just putting wheels on it and dragging it around. MR. BAIZ: Okay. COUNCILMAN DINIZIO: To each property, okay. I am just trying to get you thinking in the box, so that okay, let's try to address this. I know it's very difficult for people number one to get help, get reliable help, you know, for them to have somebody who was used to picking grapes then suddenly start preparing things for the wine tasting. You know, and let's call it tastings instead of drinking. MR. BAIZ: Right. COUNCILMAN DINIZIO: You know, because I don't think you really need a pizza to taste a three ounce thing of wine. So I just, I got that impression from them. I wanted to make sure that you understood that. To me, instead of having the commercial kitchen which we deliberately say you can't have, you bring it in on wheels. Southold Town Board Regular Meeting June 19, 2018 page 73 MR. BAIZ: Okay. Well... SUPERVISOR RUSSELL: I am just going to disagree with him, it's simple, it's about food trucks. It is about retailing in ag and residential zones. MR. BAIZ: Right. SUPERVISOR RUSSELL: It's not about wineries, it's not about issues regards to commercial kitchens and all that, it's about food trucks operating in residential zones. We had one in someone's front yard on the North Road recently. How can we address that if we are ignoring them everywhere else? The idea is we have to be clear, we have to be consistent with everybody regardless of where they are located. COUNCILMAN DINIZIO: Well, hold on. Let me disagree with you there because these are, they are by right, a special group, they are allowed to operate in a residential zone to do commercially things. You know, they are allowed to sell their wine, things you can't do in a house. So you know, this is just part of that problem. You know, how do we get them to make a living and you know, again, we said no commercial kitchens because we don't want them to compete with the restaurants and this is what we are doing. I still want somehow to find a solution to that problem. it doesn't have to be no food trucks, you have just got to figure it out, how are you going to make it so that everybody is whole on this. MR. BAIZ: Well, let me ask you this, in the Board's mind, is the extent of the food preparation from the food truck, if it's cheese and crackers that's one thing but if it's lobster roll, French fries... COUNCILMAN DINIZIO: No, but what does it take to make a pizza and legally sell it to somebody? MR. BAIZ: Yeah. Okay. SUPERVISOR RUSSELL: The code allows for food to be sold by the winery, the code is there,' it's been there. So it's not, you know, we are going to split hairs over when is a truck, you know, if you pay out on 25 versus on the properties, is it retailing or not? It's just about food trucks. I don't know if Bill and Jill want to reinforce what we are saying here but... MR. BAIZ: Let's just say to be continued,.how's that? COUNCILMAN GHOSIO: I don't think there's really anything to be continued. MR. BAIZ: I mean, I think the answer, I mean, we can say this is what the code does or does not permit and I think,that is fine. I think the question is, okay, if the winery or the tasting room is going to be able to serve food, do they go down the road to a deli down the road to prepare the food packages of cheese and crackers, a little salami or pastrami.... Southold Town Board Regular Meeting June 19, 2018 page 74 SUPERVISOR RUSSELL: The Town Board is not addressing that. We are addressing food trucks. (Inaudible) MR. BAIZ: I thought we were addressing retailing. Okay. I mean, it's the issue of the entity that does the food preparation in the low density zone. SUPERVISOR RUSSELL: It's the use. COUNCILWOMAN DOHERTY: It's the commercial use in a residential zone where it's not allowed. MR. BAIZ: Okay, so if that is'deemed retailing regardless of whether there is payment to the food truck or whatever. Third party purveyor on the property. COUNCILWOMAN DOHERTY: Right. Right. MR. BAIZ: Okay. Alright. I am sure there will be some other discussion. I just wanted to try to narrow the focus a bit. Thanks. Mr. Bates STEVE BATES: I just wanted to point out that this is an example of a gray area because this is not actually in the code, I am talking about, leaving the food truck issue aside for the moment, I am talking about food at wineries. It is not in the code that wineries can sell food. there is a line in the special events law that says food to compliment a wine tasting... MR. BAIZ: It says it in accessory uses... MR. BATE: No, Chris, I don't think so. MR. BAIZ: There is a line in accessory uses (inaudible) COUNCILMAN DINIZIO: No, I don't think you can sell food. The food has to go along with the wine tastings. MR. BATE: Anyway, my point is it would be helpful to flesh some of this stuff out and have it be more clear so that everyone knows.... SUPERVISOR RUSSELL: Fair enough but again, it's unrelated to food trucks. MR. BATE: In this case, who would be getting the violation? The winery because they are allowing retail or is it the food truck.... SUPERVISOR RUSSELL: I will let Bill address the issue of who would be issued a violation. TOWN ATTORNEY DUFFY: Under the circumstances, (inaudible), it's a third party and they are violating the code by not doing (inaudible) and the owner of the property violated the code Southold Town Board Regular Meeting June 19, 2018 page 75 by allowing them to go on their property. We try and take a case by case basis and make judgement calls as it goes but I am not going to, right here, limit myself to who I am going charge with the violation. MR. BATES: I am sorry, I couldn't hear... TOWN ATTORNEY DUFFY: It could be both, the way the code is written, the person violating the code is subject to being prosecuted and also anyone allowing it to have it on their property is subject to prosecution under the code. MR. BATES: Thank you. Kathryn Sepenoski, East Marion KATHRYN SEPENOSKI: Kathryn Sepenoski, I am just gathering my thoughts. I am curious, when is the next Town Board meeting? SUPERVISOR RUSSELL: Two weeks from today. MS. SEPENOSKI: Because under, I operate my farm under Ags and Market in an Ag district and I know that what you have been discussing, I know that fish markets also operate under an Ags and Markets license. They sell alcohol, they prepare and serve food, they do it as retail. They have become restaurants. So I don't see how you can split hairs and say that a farmer can't do exactly the same thing under exactly the same rule of Ags and Markets law that says you can do these things because it has already been done in this town and it's been said by several Board members during different meetings, during special meetings, that agriculture shouldn't be allowed to make money and that some of the implications are that we should be kept in our places, that we are unruly children and that we shouldn't have some of the same rights as other businesses and other people... COUNCILMAN DINIZIO: People on this Board said that? MS. SEPENOSKI: Yeah. COUNCILMAN DINIZIO: I don't recall that. (Inaudible) MS. SEPENOSKI: I am going to gather my thoughts and try and itemize those things perhaps at the next meeting. That's why I am saying.... COUNCILMAN DINIZIO: I can't believe anyone would have said that. MS. SEPENOSKI: That's why I am when the next one is but yeah, simply even you or as I said the other day, Mr. Dinizio, you have different businesses. If you have to change your business model because people aren't necessarily running wires through their house anymore, that their security systems are now done remote wireless or you spoke specifically to the fact that you switch from typical fuels and are now doing bio-diesel, what about the next invention that comes Southold Town Board Regular Meeting June 19, 2018 page 76 down the pike that we are all going to have to modify to, you would change your business models so that you would be successful. So we are asking for those same things on our agricultural pieces of property so that we can stay viable and you are saying we are in residential areas and yet we are scrutinized under the commercial aspect of what we do. so there's a lot of discussion and we have heard many times that you are willing to listen and yet the other night, I see head shaking like no, you are disagreeing with each other during different points even during the meeting the other night. One person says they are willing to listen and while that person is saying that, the other Board member is shaking their head saying, no, that is not anything I would even take under discussion. So I sit here very conflicted, hearing what's happening. COUNCILMAN GHOSIO: We have also been accused of voting as a block every time we vote, the fact that we actually had some disagreement I think some people find refreshing. But you know... MS. SEPENOSKI: Well, I hope that would mean there could be further dialogue, that it isn't closed off as though, you know, you unruly children should not be allowed to change your business model, do different things and actually absorb and put in as part of this town's policy what Ags and Markets are in the state, because again, we have heard well I don't know anything about that, I don't even know anything about farming or I don't know anything about that. Well, that's why Ags and Markets law and what they provide to the farmer is done with the wisdom of that body in the state capital giving us those uses and those rights. And they are given throughout many other different counties and there are programs that we could be participating in to make ourselves more successful but some of the things you are saying is we don't have the opportunity for those grants or different types of business models that we could perhaps put in place because you don't understand what we are doing so therefore, let's not let you do it at all. COUNCILMAN GHOSIO: I don't, I didn't get that impression. In fact, I have been more on your side on that issue and developing different business models than most because I know what it's like having to move from place to place or come up with different ideas to generate business. MS. SEPENOSKI: And so.... COUNCILMAN GHOSIO: However, I still have, every business has the confines of the laws and zoning and other things that are brought into play that I have no control over. I mean, if all of a sudden decided that I thought it was a great business model to run a pipe directly from my oil terminal directly to every house in town like the gas company gets to do, I couldn't possibly do it because the law prohibits me from doing that. So is that a business model that I am going to take on? No. I can't do it, I am not allowed to. So, I mean within the confines of what you can and cannot do, change your business model all you want. I mean, I think it's a great idea, whatever it takes but I don't see everybody throwing up roadblocks just because we happen to have codes that exist that make it so you can't do what you want to do. MS. SEPENOSKI: Well, there needs to be a level playing field. So that there isn't favoritism to one, I mean, we asked the other night who were the people, what businesses specifically complained? One Board member said they don't know of any and another said six. So how Southold Town Board Regular Meeting June 19, 2018 page 77 many delis, how many restaurants and part of that question in my mind is do any of those have relationships to the Board members and or contracts with the town already? So there's a lot of questions that we as a community have in this industry because we feel like we are a target. I feel like more of a target than the AirBnB's when I was trying to get some action on that and how that affected my family business with the hotel. COUNCILMAN GHOSIO: What if somebody came up and put up a pop up hotel right outside where your hotel is because pop up is all the rage right now. Would you be happy? Would you expect us to do something about it? MS. SEPENOSKI: Yes. That's what the AirBnB's were doing. Popping up in homes but I didn't see the action on that as I am targeted at the agricultural community. And to me, you listen to the radio this weekend, every day, agriculture, it's what is bringing tourism here, it's what is bringing homeowners, it is what is revitalizing the entire community and yet we are told we are not supposed to be profitable to pay our taxes, mortgages, all the things that we have just as any other business operation has. COUNCILMAN GHOSIO: I still don't get the point. I don't think anybody said that you shouldn't be profitable. I have always supported the idea that you be profitable. MS. SEPENOSKI: Only with the original model that we always had. COUNCILMAN GHOSIO: No, if you stay within the models that are allowed by the current codes. MS. SEPENOSKI: Again, I am going to gather my thoughts so that I have those specific references to conversations that have happened because I am mystified how we are supposed to stay viable in this community (inaudible). SUPERVISOR RUSSELL: It is not about your business model. It is about the food trucks business model, it's unrelated to agriculture. MS. SEPENOSKI: I wouldn't want anybody bringing food onto my property that I didn't know what they were bringing in. I would want somebody, just like any other business maybe has a specific vendor that they are comfortable working with, that has got the health department approval, that is doing the right thing. SUPERVISOR RUSSELL: They don't have the zoning. COUNCILWOMAN DOHERTY: They don't have the zoning, so that's, the couple of the places that you mentioned are in commercial zones, so they are allowed to do that with the proper permits and they have the proper permits. This is about commercial retailing in the, not in the proper zone. Southold Town Board Regular Meeting June 19, 2018 page 78 MS. SEPENOSKI: Inaudible. Anything you want to do at your agricultural location is looked at as a commercial venture. So how, you can't have it both ways. COUNCILWOMAN DOHERTY: It's specified in the code what is allowed in that zone. SUPERVISOR RUSSELL: Your commercial venture is different than someone else's venture. As an agricultural operation, you have commercial options. The third party retailer does not. MS. SEPENOSKI: Okay. Inaudible. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: That's what the issue is right now. it's the town addressing the food trucks. UNIDENTIFIED: But it's the food truck we are talking about is the third party retailer. Not talking about wineries as the third party retailer. SUPERVISOR RUSSELL: No, no. I was addressing Kate's thing. We are talking about retailing in the ag zones. It's, or residential zones. UNIDENTIFIED: So my question is, who is doing the retailing? It's a little disconcerting to hear because I know several Board members have said this is a matter of discussion amongst the Board members for several years but at this point it doesn't appear that the town is prepared to say who even will receive a violation, maybe both. COUNCILWOMAN DOHERTY: It depends on the situation. UNIDENTIFIED: Well, I don't, either we have one retailer or we don't have one retailer who is not permitted at the premises? Who is the retailer? And you don't have to answer the question, it just seems to be up in the air at this point. COUNCILWOMAN DOHERTY: It's not up in the air, it depends on the situation. If you have a retailer, a third party retailer that you allow on your residential or agricultural property to sell then you're in violation of the code just as much as that retailer.... UNIDENTIFIED: But we are not retailing.... COUNCILWOMAN DOHERTY: No but you are allowing it on your property. It all depends on what happens...that's up to the code enforcement to.... UNIDENTIFED: If the violation is for retailing, then it has to be for retailing. COUNCILWOMAN DOHERTY: Right. Southold Town Board Regular Meeting June 19, 2018 page 79 UNIDENTIFIED: It can't be for allowing somebody to come onto your property and retailing, because the winery doesn't make any money from the retailing, in this case, the food truck. But I just wanted to make the point that it's very much up in the air. SUPERVISOR RUSSELL: I will defer to the Town Attorney on it. UNIDENTIFIED: As a resident I am sitting here listening to this and everybody is concerned about their businesses and I understand with the food trucks. I don't think it's in keeping with what the resident's really want. I mean, I don't know which vineyards they own or don't but I go to, with guests, a lot of them and over the last 10 years it's kind of changed a lot. First it was you can't bring outside food in here unless you become a club member and then if you are a club member you are required to buy whatever their releases are four times a year or whatever and then you are allowed to bring a guest and you can bring some outside food but only club members, when they have a special event. I don't know which ones have venues as far as weddings but again, no commercial kitchens, any food for the weddings that are there or special events have to be brought in and prepared outside, in order to be served. I can't imagine that anybody who wants to have a food truck as part of their business, invites them in without looking for some sort of remuneration for having them there and being able to have food available for their patrons who are there for wine tastings. Which means that they are really not there for a party, they are there for wine tastings. And I mean, I don't think that they would like it when all these people are there if the police happen to overly enforce or enforce legitimately intoxicated driving, who's in, who's out, you know, there's the safety of the public that is available too. Wine tasting is you are in, you are out. You get your two ounce pour, you get a flight and that's about it and now you are at the legal limit. So if you go for a bottle beyond that, you are putting yourself at risk as a customer. And I understand that there is pairings that can go with different wines but again, I see that as a retail operation probably on property that has, the owner has been paid for because they sold the rights and left themselves a few acres in order to have a tasting room and to fall within the code. So to say they don't understand the code, as a citizen and a resident, I don't understand the logic. So I appreciate the Board looking out and enforcing those regulations. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILWOMAN DOHERTY: Thank you. Southold Town Board Regular Meeting June 19, 2018 page 80 Supervisor Russell SUPERVISOR RUSSELL: Who else would like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:14 P.M. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell