Loading...
HomeMy WebLinkAboutTB-07/31/2018 ELIZABETH A.NEVILLE SOFF9jt Town Hall,53095 Main Road TOWN CLERK ��oxo el>% PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�0f �ao� Telephone: (631)765- 1800 RECORDS MANAGEMENT OFFICER southoIdtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING July 31, 2018 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 31, 2018 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on July 31, 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 DohertyTown of Southold i Councilwoman Present Robert Ghosio -Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present _- Elizabeth A. Neville = Town of Southold ° Town Clerk Present William M Duffy ; Town of Southold i Town Attorney Present 1 I. Reports 1. Trustees Monthly Report 2. Recreation Department Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 Am -Heather Lanza and Members of the Planning Board with Matthew Carmody of AKRF, Inc. 2. 9:30 Am - Planning Board Recommendation Page 1 Southold Town Regular Board Meeting July 31, 2018 page 2 3. 9:45 Am - Kristie Hansen-Hightower, Town Comptroller 4. 10:00 Am - Michael Collins and Jamie Richter 5. 10:15 Am - Chris Baiz with Members of the Agricultural Advisory Committee 6. Code Amendment- Section 280-21 7. Request for Resolution Supporting Peconic Land Trust Grant Application for the Wolf Preserve 8. EXECUTIVE SESSION -Labor-Matters Involving the Employment of a Particular Corporation(s) 9. EXECUTIVE SESSION -Labor- Matters Involving the Employment of a Particular Person(s) 10. EXECUTIVE SESSION - Proposed Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 11. EXECUTIVE SESSION -Litigation 12. 10:45 Am - Councilman Ghosio Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge to the Flag. Thank you. I am going to offer the opportunity to anybody that would like to comment on any of the regular agenda items. (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 27, 2018 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter IBJ ❑ El 21 Accepted Wiliam P Ruland Voter 0 ❑ ❑ F ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder 2 ❑ ❑ ❑ Louisa P Evans Mover D ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 10, 2018 ✓Vote Record-Motion 0 Accepted Yes/Aye No/Nay Abstain Absent ❑ Accepted as Amended .lames Dmizio Ir Voter D ❑ ❑ ❑ 0 Tabled William P Roland Voter 0 0 ❑ 0 Southold Town Regular Board Meeting July 31, 2018 page 3 Till Doherty Voter ❑ 1 ❑ ❑ 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,April 24, 2018 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dm¢io Jr Voter 0 ❑ ❑ ❑ 0 Accepted William P Ruland Voter D ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ V. Resolutions 2018-694 CA TF,GOR Y. Audit 13EPARTIVENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 31, 2018. ✓Vote Record-Resolution RES-2018-694 0 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 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hb ys Appt Scott A Russell Voter 1 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-695 CATEGORY. Set Meeting DEPAR TUENT.• Town Clerk Annual Fishers Island Torun Board Meeting Southold Town Regular Board Meeting July 31, 2018 page 4 RESOLVED that the Annual Fishers Island Town Board Meeting of the Southold Town Board be held, Wednesday, August 8, 2018 on Fishers Island,New York at 1:30 P. M.. ✓Vote Record-Resolution RES-2018-695 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ James Dmizio Ir Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ 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 2018-696 CATEGORY. Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 14, 2018 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 P. M.. ✓Vote Record-Resolution RES-2018-696 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn Tames Dizio,Ir Voter D 11 11 ❑ 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 2018-697 CATEGORY. RefiJnd Southold Town Regular Board Meeting July 31, 2018 page 5 DEPARTMENT. Town Clerk Refund of Trader Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to John Cushman, 1305 Village Lane Mattituck,NY 11952 in the amount of$20.00 for a Resident Trailer permit as a duplicate permit was purchased in error. ✓Vote Record-Resolution RES-2018-697 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn lames Dinizio Ir Mover Q ❑ ❑ El ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 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 2018-698 CATEGORY: Advertise DEPARTMENT. Town Clerk Advertise for Members of Parks, Beaches and Recreation Committee RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Members of the Southold Town Parks, Beaches and Recreation Committee. ✓Vote Record-Resolution RES-2018-698 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dm¢io Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ElTax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ El Rescinded Robert Ghosio Voter Q El ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt HgNvys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Regular Board Meeting July 31, 2018 page 6 2018-699 CATEGORY.° Budget Modification DEPARTWENT: Solid Waste Management District SWMD Budget Mods Financial Impact:Restore funds inadvertantly removed from Composting Urea line due to double entry; complete funding for grinder radiator. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows: From: SR 8160.4.400.250 Comp. Software Support $2,000 SR 8160.4.400.625 Tire Repair 300 Total $2;300 To: SR 8160.4.100.608 Composting Urea $1,000 SR 8160.4.400.665 Repairs CBI Grinder 1,300 Total $2,300 ✓Vote Record-Resolution RES-2018-699 21 Adopted ❑ Adopted as Amended ❑ Defeated El Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dimzio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ El ❑ Rescinded Robert Ghosio Voter ' 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter E0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-700 CATEGORY: Attend Seminar DEPARTMENTAccounting Attend Seminar-Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower and Laura Arena to attend a seminar on municipal procurement in Great Southold Town Regular Board Meeting July 31, 2018 page 7 River,NY, on July 24, 2018. All expenses travel to be a legal charge to the 2018 budget (A.1310.4.600.300 Travel Reimbursement). ✓Vote Record-Resolution RES-2018-700 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 Voter 171 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder EI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover RI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-701 C'ATEG®RY.• Budget Modification DEPARTHENT.• Assessors 2018 Budget Modification-Assessors Financial Impact. to cover the overage for our Board of Assessment Review salaries RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund budget as follows: To: A1355.1.300.150 Board of Assessors 95.00 Assessors, P.S. Temporary/Seasonal Board of Assessment Review From: A1355.4.600.200 Board of Assessors 95.00 Miscellaneous Meetings & Seminars ✓Vote Record-Resolution RES-2018-701 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ,lames Dmizio Jr Voter RI ❑ ❑ ❑ ❑ Defeated ❑ Tabled William P Ruland Voter EI ❑ ❑ ❑ 1 ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder IZI El ❑ ❑ Rescinded Scott A Russell Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Regular Board Meeting July 31, 2018 page 8 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-702 CATEGORY.• Contracts,Lease &Agreements DEPARTME-'VT. Trustees Suffolk County Pump Out Boat Grant Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an inter-municipal agreement Rev. 7-20-2018 Law No. 18-ED-212 with the County of Suffolk for the receipt of funds in the amount of$19,700.00 from the County to be utilized for the purchase of a new Pump Out Boat, subject to approval from the Town Attorney. ✓Vote Record-Resolution RES-2018-702 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dimzio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ 11 Tax Receiver's Appt Jill Doherty Seconder Rl ❑ ❑ El ❑ Rescinded Robert Ghosio Voter 127 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter l ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-703 CATEGORY. Employment-FIFD DE PA Accounting Wage Rate Increase RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution number 2018-141 of the Fishers Island Ferry District adopted July 23, 2018 that reads as follows: Southold Town Regular Board Meeting July 31, 2018 page 9 Whereas Karina Curbelo has exceeded all expectations as a Cashier (FIFD), Therefore it is RESOLVED for increase Ms. Curbelo's wage rate from $12.75 to $13.00 with effect July 5, 2018. ✓Vote Record-Resolution RES-2018-703 0 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 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-704 CATEGORY: Employment-FIFD DEPARTMENT. Accounting Accept Resignation of Ryan Miner RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2018-142 of the Fishers Island Ferry District adopted July 23, 2018 that accepts the resignation effective June 30, 2018 of Ryan Miner, seasonal Deckhand (FIFD) for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2018-704 0 Adopted ❑ Adopted as Amended ❑ Defeated — Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Voter 0 ❑ ❑ ❑ El Supervisor's Appt William P Roland Mover 0 ❑ ❑ El ❑ 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 Southold Town Regular Board Meeting July 31, 2018 page 10 2018-705 CATEGORY: Employment-FIFD DEPARTMENT- Accounting Accept Resignation of Chase Lettrich RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2018-143 of the Fishers Island Ferry District adopted July 23, 2018 that accepts the resignation effective July 15, 2018 of Chase Lettrich, seasonal Deckhand (FIFD) for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2018-705 0 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 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ El Supt Hgwys Appt Scott A.Russell Voter 0 El El 11 ❑ No Acton ❑ Lost 2018-706 CATEGORY.• Employment-FIFD DEPARTMENT: Accounting Terminate the Employment of Employee #67392 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2018-144 of the Fishers Island Ferry District adopted July 23, 2018 that terminates the employment of employee # 67392 effective July 23, 2018. ✓Vote Record-Resolution RES-2018-706 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder D ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt 0 Supt Hgwys Appt Southold Town Regular Board Meeting July 31, 2018 page 11 ❑ No Action ❑ Lost 2018-707 CATEGORY Employment-FIFD DEPARTMENT: Accounting Terminate the Employment of Employee #80590 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2018-145 of the Fishers Island Ferry District adopted July 23, 2018 that terminates the employment of employee # 80590 effective July 23, 2018. ✓Vote Record-Resolution RES-2018-707 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James D ___. ❑ Withdrawn m�zw Jr Mover El El ❑ Supervisor's Appt William P Roland 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 CJ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-708 CATEGORY. Contracts,Lease&Agreements DEPARTAI-ENT. Recreation Hire Fall 2018 Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Fall 2018 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2018 instructor line A.7020.4.500.420. NF School For Dogs (Dog Obedience/Puppy STAR/Pre-Therapy) $90/person Sara Bloom (Memoir Writing) $30/hour Thomas Boucher(Guitar Lessons) $30/hour Southold Town Regular Board Meeting July 31, 2018 page 12 Nick Cordone (Pickleball) $30/hour Heather Cusack(Herbs for Health) $30/hour Martha Eagle (Aerobics &Pilates 2 Day) $40/class Martha Eagle (Friday Only Pilates) $30/class Suzzanne Fokine (Plein Air Painting) $30/hour Bill Gatz (Youth Basketball) $30/hour Island's End Golf& Country Club (Golf Lessons) $100/person Rebecca Jens (Volleyball) $25/hour Lois Levy (Art Journaling) $30/hour Rosemary Martilotta (Hatha& Chair Yoga) $44/class Kate McDowell (Tennis Lessons) $30/hour Linda Nemeth (Watercolor) $30/hour Craig Osmer(Youth Basketball) $30/hour R&C Agency Management(CPR Course) $55/person R&C Agency Management (Defensive Driving) $30/person Grace Rowan (Senior Fitness Classes) $30/hour Laurie Short (Fitness Classes) $30/hour Steve Smith (Weight Training) $90/person Alfonso Triggiani (Ballroom Dancing) $65/person Barbara Terranova (Knitting & Jam Making) $30/hour Ryan Wesnofske (Youth Basketball) $30/hour Kerri Zablotny (Little Scholars) $30/hour Huck Hirsch (Mah Jongg) $30/hour North Fork Bodies in Motion(Walk15 Aerobics & Tai Chi) $30/hour Bernie Kettenbeil (Smart Driver) Free ✓Vote Record-Resolution RES-2018-708 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-709 CATEGOR Y.° Employment-FIFD DEPARTMENT: Accounting Southold Town Regular Board Meeting July 31, 2018 page 13 Seasonal FT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves resolution number 2018-147 of the Fishers Island Ferry District adopted July 27, 2018 that reads as follows: WHEREAS The Fishers Island Ferry District requires additional Deckhands; Therefore it is RESOLVED to appoint, with effect August 2, 2018, Finbar Foley as summer seasonal Deckhand (FIFD) at a rate of$12.50 per hour. On September 15, 2018, Mr. Foley will terminate his summer seasonal position. On September 16, 2018 Mr. Foley will be appointed to part-time Deckhand (FIFD). ✓Vote Record-Resolution RES-2018-709 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled m James Dizio Jr Voter D ❑ ❑ Withdrawn ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Till Doherty Voter z ❑ ❑ ❑ ❑ 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 2018-710 CATEGORY. Budget Modification DEPARTMENT. Police Dept Police Department-Budget Modification Financial Impact:Reallocation of funds for the purchase of Bulletproof vests-50%to be reimbursed through the BP Grant RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town bud;?et as follows: From: A.3120.2.500.800 Police/Other Equipment/Light Bars $7,170 A.3130.2.400.300 Bay Constable/Other Equip/Dry Suits/Dive Equip $1,256 Total $8,426 To: Southold Town Regular Board Meeting July 31, 2018 page 14 A.3120.2.500.700 Police/Police Equip/Other Equip/Soft Body Armor $7,170 A.3130.2.400.700 Bay Constable, BC Equip/Other Equip/Soft Body Armor $1,256 Total $8,426 ✓Vote Record-Resolution RES-2018-710 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _. -.- -..-. ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Welham 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 2018-711 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Attorney Living Shoreline Demonstration Project with Cornell Cooperative Extension Contract RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute a contract with Cornell Cooperative Exchange in furtherance of Living Shoreline Demonstration Project for$117,600, of which $58,800 is sourced from Suffolk County Grant funds and $58,800 will be a donation of in kind services from Cornell Cooperative Exchange to the Town of Southold, subject to approval from the Town Attorney. ✓Vote Record-Resolution RES-2018-711 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 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 Regular Board Meeting July 31, 2018 page 15 2018-712 CATEGORY: Budget Modification DEPARTMENT.• Accounting 2018 Budget Modification-Capital Financial Impact:Establish budget for Carroll Ave Purchase WHEREAS the Town Board of the Town of Southold adopted a bond resolution for the purchase of property, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiects and amends the Capital Budget as follows: Capital Project Name: Carroll Ave Acquisition Financing Method: Serial Bonds/Transfer from GFWT Budget: Revenues: H.5031.16 Interfund Transfer, Property Acquisitions $6,000 H.5710.16 Serial Bonds, Property Acquis 750,000 Total $756,000 Appropriations: H.1620.2.400.500 Carroll Ave Acquisition $756,000 Total $756,000 ✓Vote Record-Resolution RES-2018-712 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 2 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting July 31, 2018 page 16 2018-713 CATEGORY Budget Modification DEPARTMENT. Accounting 2018 Budget Modification- General Fund Financial Impact: Transfer funds to Capital for additional costs for Carroll Ave acquisition RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1620.2.400.400 Buildings & Grounds, Building Rentals $6,000 Total $6,000 To: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $6,000 Total $6,000 ✓Vote Record-Resolution RES-2018-713 19 Adopted ❑ Adopted as Amended ❑ Defeated -- 1:1 Tabled -- Yes/Aye No/Nay Abstain Absent ___ .- ❑ Withdrawn James Dmizio Jr Voter ❑ _❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover CEJ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-714 CATEGORY: Contracts,Lease &Agreements DEPARTMEI'VP Town Attorney Contract of Sale Capital One National RESOLVED that the Town Board of the Town of Southold hereby ratifies the execution of the Contract of Sale with Capital One National Association, for the purchase of the 54375 Main Road, Southold, New York, SCTM #1000-61-2-012.002, subject to the approval of the Town Attorney. Southold Town Regular Board Meeting July 31, 2018 page 17 ✓Vote Record-Resolution RES-2018-714 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Duuzio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland 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 D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-715 CATEGORY:- Contracts, Lease &Agreements DEPARTMENT. Town Attorney Contract of Sale Carroll Avenue RESOLVED that the Town Board of the Town of Southold hereby ratifies the execution of the Contract of Sale with Sandra J. Midgley, as Executor of the Estate of William S. Midgley, Jr., for the purchase of the 1080 Carroll Avenue, Peconic,New York, SCTM#1000-75-01-06, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-715 0 Adopted ❑ Adopted as Amended ❑ Defeated - - Yes/Aye No/Nay � Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter lZ ❑ ❑ ❑ ❑ 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 Acton ❑ Lost 2018-716 CATEGORY. Employment -Town DEPARTMENT. ACC011lltlllg Southold Town Regular Board Meeting July 31, 2018 page 18 Acknowledges the Intent to Retire Janice L. Foglia WHEREAS,the Town of Southold has received notification via U.S. Mail on July 27, 2018 from the NYS Retirement System concerning the retirement of Janice L. Foglia effective October 13, 2018 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowled1zes the intent to retire of Janice L. Foglia from the position of Payroll Supervisor for the AccountinIz & Finance Department, effective October 13, 2018. ✓Vote Record-Resolution RES-2018-716 0 Adopted ❑ Adopted as Amended ❑ Defeated — - El Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn .Tames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ 11 Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-717 CATEGORY.° Employment-Town DEPARTMENT: Accounting Accepts Resignation of Gary Rempel RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Gary Rempel from the position of part time Mini Bus Driver for the Human Resource Center effective August 10, 2018. ✓Vote Record-Resolution RES-2018-717 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated ❑ Tabled James Dmizio Jr Mover ; 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter 0 ❑ El ❑ Supervisor's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hg%vys Appt 0 No Action Southold Town Regular Board Meeting July 31, 2018 page 19 ❑ Lost 2018-718 CATEGORY: Contracts, Lease&Agreements DEPARTMENT. Town Attorney STOP-DWI Agreement W/Suffolk County for 2017-21 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the STOP- DWI Program in an amount not to exceed$95,000, $19,000 for each calendar year of the contract for the term January 1, 2017 through December 31, 2021, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-718 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 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 El 11 ❑ 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 2018-719 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT.• Town Attorney CDW Direct LLC Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a one year agreement with CDW Direct LLC, to renew the Town's utilization of CDW's Cradlepoint Data Processing service at a cost of$476.00 for the year, subject to approval by the Town Attorney. ✓Vote Record-Resolution RES-2018-719 0 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Regular Board Meeting July 31, 2018 page 20 ❑ Adopted as Amended James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P.Ruland Mover i 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 1 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter ' 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 2018-720 CATEGORY. Refund DEPART MIENT• Town Clerk Refund of Parking/Trailer Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individual(s) in the amount of$20.00 for the purchase of resident parking permit: Danielle M Rodger 611 1St Street Greenport,NY 11944 ✓Vote Record-Resolution RES-2018-720 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ _. ❑ Withdrawn James Dinizio Jr Voter R1 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter 0 El El Robert Ghosio Seconder 0 El ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-721 CATEGORY.• Budget Modification DEPARTMENT. Justice Court Southold Town Regular Board Meeting July 31, 2018 page 21 2018 Budget Modification-Justice Court Financial Impact: To cover the purchase of equipment from the JCAP award RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: To: A.1110.2.500.600 Justice Court, Security Equipment $3,825.00 From: A.1110.1.100.200 Justice Court, FT Employees, Overtime Earnings $3,825.00 To: A.1110.2.100.100 Justice Court, Furniture, Desks $1,940.00 From: A.1110.4.400.500 Justice Court, Parking Ticket Servicing $1,940.00 ✓Vote Record-Resolution RES-2018-721 Fl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr I Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-722 CATEf:ORY.• Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 7123118 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated July 23, 2018, as follows: Southold Town Regular Board Meeting July 31, 2018 page 22 FIFD resolution# Regarding 2018 ? 139 Edwards settlement 2018 ? 140 HHC Transportation ✓Vote Record-Resolution RES-2018-722 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 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-723 CATEGORY. Contracts,Lease&Agreements DEPARTMENT.• Engineering Award Love Lane Trak Study to AKRF RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into a professional services contract with AKRF for the completion of the Love Lane Traffic Study at a cost not to exceed $24,500, as outlined in the expanded approach of their proposal dated July 25, 2018, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2018-723 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ 0 ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt HBwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting July 31, 2018 page 23 2018-724 CATEC®R Y. Refund DEPARTMENT.• Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Mattituck Chamber of Commerce 4/23/18 250.00 PO Box 1056 Mattituck,NY 11952 Cutchogue New Suff. Historical Council 5/9/18 250.00 PO Box 714 Cutchogue,NY 11935 North Fork Country Club 4/19/18 250.00 PO Box 725 Cutchogue,NY 11935 Greek Orthodox Church of the 6/29/18 250.00 Transfiguration Inc PO Box 1162 Mattituck NY 11952 ✓Vote Record-Resolution RES-2018-724 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent _ _ ❑ Withdrawn James Dmizio Jr Voter ❑ 11 ❑ Supervisor's Appt William P.Ruland Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting July 31, 2018 page 24 2018-725 CATEGORY: Contracts, Lease&Agreements DEPARTMENT: Engineering Award Consultant Services for Asbestos Removal to Enviroscience Consultants Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into a professional services contract with Enviroscience Consultants Inc. for consultant services related to the removal of asbestos from the building commonly referred to as the Old Highway Department Maintenance and Storage Building at a cost not to exceed $17,850, as outlined in their proposal dated July 25, 2018, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2018-725 1 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 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 2018-726 CATEGORY: Budget Modification DEPARTMENT• Accounting 2018 Budget Modification-Engineering Financial Impact:Move budget for asbestos engineering contract RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1440.4.500.100 Engineering Surveys $20,000 Total $20,000 Southold Town Regular Board Meeting July 31, 2018 page 25 To: A.1440.4.500.400 Engineering Services $20,000 Total $20,000 ✓Vote Record-Resolution RES-2018-726 0 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 0 ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-727 CATEGORY.- Refund DEPARTMENT. Town Clerk Refund Parking Permit-Fujita RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$40.00 to Kenji Fujita 1655 Parkway Southold,NY 11971 for duplicate parking permits purchased in error. ✓Vote Record-Resolution RES-2018-727 0 Adopted ❑ Adopted as Amended ❑ Defeated 11 Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio.Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-728 Southold Town Regular Board Meeting July 31, 2018 page 26 CATEGORY: Grants DEPARTMENT. Town Attorney Peconic Land Trust Grant Application/Wolf Preserve WHEREAS, the Peconic Land Trust is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project to be located at the Wolf Preserve, a site located within the Town of Southold, and WHEREAS, as a requirement under the rules of this program, Peconic Land Trust must obtain the"approval/endorsement of the governing body of the municipality in which the project will be located"; NOW, THEREFORE, be it resolved that the Town Board of the Town of Southold hereby does approve and endorse the application of Peconic Land Trust for a grant under the Environmental Protection Fund for a park project known as Wolf Preserve., ✓Vote Record-Resolution RES-2018-728 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ � ❑ Supervisor's Appt William P Roland Seconder; 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-729 CATEGORY.- Enact Local Law DEPARTMENT.• Town Clerk Enact Local Law Rental Permits WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 19th day of June, 2018, a Local Law entitled "A Local Law in relation to Rental Permits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard,NOW therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Southold Town Regular Board Meeting July 31, 2018 page 27 Law entitled, "A Local Law in relation to Rental Permits" reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, "A Local Law in relation to Rental Permits" 207-1 Legislative intent. A. The intent of this chapter is to preserve the aesthetic integrity of our residential neighborhoods, prevent neighborhood blight, protect residential property values, encourage residential property maintenance and enhance the quality of life in our residential neighborhoods. B. This chapter is intended to apply to all dwelling units within the Town of Southold. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code,Building Rehabilitation Code,Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and excessive vehicle traffic and parking problems and to overburden municipal services. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety,welfare and good order and governance of the Town will be enhanced by enactment of the regulations set forth in this chapter,which regulations are remedial in nature and effect. The Board also finds that owner occupied dwellings can also fall into disrepair and not be adequately maintained,which has a detrimental effect on neighborhoods. C. Nothing herein shall interpreted to supersede any requirements contained in Chapter 280 or any other chapter of the Town Code of the Town of Southold. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board 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 Southold Town Regular Board Meeting July 31, 2018 page 28 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 iointly 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 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 Southold Town Regular Board Meeting July 31, 2018 page 29 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. 4 207-4 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. X207-6 Inspections. A. No permit shall be issued under any application unless all the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Wfolk 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 the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions Southold Town Regular Board Meeting July 31, 2018 page 30 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. 4207-7 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. X207-8 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. 1. It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B. Application review; inspection of premises. 1. The Code Enforcement Official or his designee shall review each application for completeness and reject incomplete applications. 2. Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or(2) provide to the Code Enforcement Official an inspection report provided by the Town, signed by either a New York State licensed professional engineer,New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. C. Rental permit requirements. 1. Rental permit applications shall be in writing on a form provided by the Town 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. Southold Town Regular Board Meeting July 31, 2018 page 31 3. Rental permits shall contain a description of the unit, including the number of rooms in the rental dwelling unit, and the dimensions and use of each such room shall be included. The name, address and telephone number, if any, of the managing agent or operator of each such intended rental dwelling unit shall be included. 4. All applicants must submit a sworn statement that to the best of their knowledge there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Southold local laws or ordinances pertaining to the property. 5. All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand the Southold Town Code concerning the restrictions on the number of unrelated persons occupying said residence. 6. All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for all buildings and structures on the property; (b) An affidavit setting forth the address to be used as the last known address of the owner for service pursuant to all applicable laws and rules. The owner shall notify the Code Enforcement Official of any change of address submitted pursuant to this section within five business days of any change thereto, and ; •(c) At the discretion of the Code Enforcement Official, an accurate property survey of the premises prepared by a licensed surveyor drawn to scale not greater than 40 feet to one inch, or, if not shown on the survey, a site plan prepared by a licensed surveyor or engineer, drawn to scale, showing all buildings, structures,walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities 7. Each application shall be executed and sworn to by the owner of the premises. 8. Any additional information required by the Code Enforcement Official. 9. All rental properties containing eight or more rental units shall provide for a designated site manager,who shall be available to address and resolve any issues with the property 24 hours a day. The owner of the property must file the manager's address, telephone number and other contact information with the Code Enforcement Official within five days of the designation of the manager or any changes thereto. D. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility licensed under federal,New York State or Suffolk County guidelines. E. Renewal of rental permits. 1. A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official on or 90 days prior to the expiration date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. 2. A renewal rental permit application shall contain a signed sworn statement Southold Town Regular Board Meeting July 31, 2018 page 32 setting forth the following: (a) That there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Southold local laws or ordinances pertaining to the property; and (b) That there are no changes to any information as provided on the prior valid rental permit and application. 3. Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises on which the same are located to take place pursuant to Subsection C(2) above. 4. The Town of Southold shall not accept, review or approve any renewal rental applications for dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed,the owner must file a new application. F. Registered motor vehicle restrictions. 1. Each rental dwelling shall be entitled to have one registered motor vehicle for each legally designated bedroom, as determined by the Code Enforcement Official, as well as one additional registered motor vehicle. §207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee$200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a Southold Town Regular Board Meeting July 31, 2018 page 33 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. X207-12 Penalties for offenses. A. Any person, association, firm or corporation which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: 1. By a fine not less than $500 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. 2. By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(H) 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. III. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. IV. Effective Date. This chapter shall be effective upon filing with the Secretary of State. Applications for a rental permit shall be accepted upon the effective date of this chapter. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019. ✓Vote Record-Resolution RES-2018-729 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dimzio Jr ❑ ❑ ❑ ❑ ❑ Defeated = ❑ Tabled William P Ruland ❑ ❑ ❑ ❑ ❑ Withdrawn Jill Doherty ❑ ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Louisa P Evans ❑ ❑ ❑ ❑ 0 Town Clerk's Appt Scott A Russell 0 ❑ 0 ❑ Southold Town Regular Board Meeting July 31, 2018 page 34 ❑ Supt Hgwys Appt 0 No Action ❑ Lost Comments after Rental Permit Public Hearing COUNCILWOMAN DOHERTY: Thank you everyone for coming out. SUPERVISOR RUSSELL: Everything will be seriously considered. we are not sloughing this off. We listened to you guys, we listened the last time, we will listen this time. But you need to understand, we have some challenges too and to say we just can't, you know, we don't need a rental code I don't think in this day and age is just necessarily accurate anymore. Yes, please? JACK REARDON: I'm just looking for the next meeting where this is going to be addressed? COUNCILWOMAN DOHERTY: At this point we don't know, we are going to, it might be in two weeks, it depends. We will have to discuss where we want to go from here. MR. REARDON: Okay. SUPERVISOR RUSSELL: We have actually, it's a bit of off-schedule because our next meeting is going to be on Fishers Island, so we do want to get input from Fishers Island and it will be scheduled for the following meeting, I can tell you the date right now,the 14th.... COUNCILWOMAN DOHERTY: Is that the 14th? August 14th. SUPERVISOR RUSSELL: Okay, so it will be on the agenda for August 14th, whether it's going to be, we would have to take a formal action to remove it, to vote it down or to approve it... MR. REARDON: I am sorry, you would or you would not? SUPERVISOR RUSSELL: We would have to because it's already been a closed hearing, we would have to take some sort of formal action. Whether it's to vote it up or to vote it down in two weeks. MR. REARDON: Is one option to table it as opposed to up or down? SUPERVISOR RUSSELL: We closed the hearing and quite honestly, after a public hearing you ought to have an understanding as a legislator whether the code is good or not. Rather than tabling a law that we've already closed the hearing on, if we decide the law is not sufficient, scrap and draft a new one. Or if we decide it's sufficient, you adopt it. Tabling wouldn't get you anywhere: MR. REARDON: Alright. Thank you. Southold Town Regular Board Meeting July 31, 2018 page 35 SUPERVISOR RUSSELL: Tom? MR. MCCARTHY: Tom McCarthy, thank you for listening to all of us. I volunteer, if you are going to put a committee together, I volunteer to be part of that committee and I also volunteer to bring in other professionals who are in the real estate business and other concerned citizens and try to gather some of those voices and bring you feedback before we get to this point again and to be part of the solution. COUNCILWOMAN DOHERTY: Thank you. Thank you for the input you have given us already. 2018-730 CATEGORY. Enact Local Law DEPARTMENT Town Clerk Enact Local Law-Helicopters WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 3rd day of July, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, `Zoning' with regard to Helicopters" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it. RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning' with regard to Helicopters"reads as follows: LOCAL LAW NO. 9 of 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning' with-regard to Helicopters". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To modify and clarify certain provision of the Town Code as it pertains to helicopters in order to better protect the quality of life enjoyed by Southold Town residents. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Southold Town Regular Board Meeting July 31, 2018 page 36 A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14)hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L.No. 2-2010] C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280- 15 herein: (12) Use of aircraft in agricultural operations, provided that: (a) the use has been granted a special exception from the Zoning Board of Appeals. (b) in addition to the criteria for a special exception set forth in $$ 280-142 7 143, the ZBA shall considering the following criteria: (1) the anticipated frequency of flights (2) the location of the proposed landing and take-off zone (3) the location of residences (4) the type of aircraft being used (c) Notwithstanding the forgoing, the use of aircraft shall be limited to spraying crops, surveying, fields and transporting employees and shall not be used for transporting non-employees to and from the subiect premises. Article XXII. Supplementary Regulations § 280-111. Prohibited uses in all districts. [Amended 11-24-1992 by L.L.No. 26-1992; 8-8-2006 by L.L. No. 7-2015; 8-25-2015 by L.L. No. 7-2015] C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural or synthetic); soaps, including fat rendering; starch. D The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. Southold Town Regular Board Meeting July 31, 2018 page 37 (4) Reduction,refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks,pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance or hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of-way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway,right-of-way or sidewalk. J. Transient rental properties. K. Aircraft prohibited. 1. Helicopters prohibited.-No person, firm or corporation, except those with prior valid approvals, shall land or cause to be landed, take off or cause to take off or taxi any helicopter on or from the waters, beaches or on any land within the Town of Southold. 2. Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any seaplane on or from the waterways under the jurisdiction of the Town of Southold Board of Trustees. 3. This ordinance shall not apply to Town owned airfields, medical or police emergency landings and takeoffs or aircraft involved in medical or military emergencies, or aircraft involved in operations involving public health and safety. 4. This ordinance shall not apply to the use of aircraft as an accessory use to asricultural production as set forth in section 280-13(c)(12). Southold Town Regular Board Meeting July 31, 2018 page 38 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2018-730 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter R1 ❑ ❑ ❑ ❑ 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 7:46 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 7/317:30 Pm -Rental Permit COUNCILMAN GHOSIO: WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 19' day of June, 2018, a Local Law entitled "A Local Law in relation to Rental Permits"now, therefore, be it RESOLVED, that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 31St day of July at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. Southold Town Regular Board Meeting July 31, 2018 page 39 The proposed Local Law entitled, "A Local Law in relation to Rental Permits" reads as follows: LOCAL LAV NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, "A Local Law in relation to Rental Permits" § 207-1 Legislative intent. A. The intent of this chapter is to preserve the aesthetic integrity of our residential neighborhoods, prevent neighborhood blight, protect residential property values, encourage residential property maintenance and enhance the quality of life in our residential neighborhoods. B. This chapter is intended to apply to all dwelling units within the Town of Southold. The Town Board of the Town of Southold has determined that there exists in the Town of Southold serious conditions arising from non-owner occupied rental of dwelling units in one, two and three family and multiple dwellings that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code, Building Rehabilitation Code, Electrical Code, Fire Prevention Code, Plumbing Code, and other codes and ordinances of the Town. Many of these dwellings are inadequate in size, overcrowded and dangerous, and such dwelling units pose hazards to life, limb and property of residents of the Town and others, tend to promote and encourage deterioration of the housing stock of the Town, create blight and excessive vehicle traffic and parking problems and to overburden municipal services. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety,welfare and good order and governance of the Town will be enhanced by enactment of the regulations set forth in this chapter,which regulations are remedial in nature and effect. The Board also finds that owner occupied dwellings can also fall into disrepair and not be adequately maintained,which has a detrimental effect on neighborhoods. C. Nothing herein shall interpreted to supersede any requirements contained in Chapter 280 or any other chapter of the Town Code of the Town of Southold. 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL - The official who is charged by the Town Board 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 Il, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Southold Town Regular Board Meeting July 31, 2018 page 40 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 iointly 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 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 Southold Town Regular Board Meeting July 31, 2018 page 41 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. 4207-5 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with a functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. X207-6 Inspections. A. No permit shall be issued under any application unless all the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York have been complied with. B. The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, morals and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions Southold Town Regular Board Meeting July 31, 2018 page 42 concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subiect to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. A Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. X207-7 Application for search warrant. The Code Enforcement Official or his designated representative is authorized to make application to the Town of Southold Justice Court or Supreme Court of Suffolk County, or any court of competent jurisdiction, for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this chapter has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York. §207-8 Rental permit required. A. It shall be unlawful for any rental occupancy to exist in any dwelling without the owner's first having obtained a rental permit from the Code Enforcement Official. 1. It shall be an affirmative defense to a violation of Subsection A of this section that the rental occupant or occupants is/are immediate family members of the owner of the subject premises, as defined in this chapter. B. Application review; inspection of premises. 1. The Code Enforcement Official or his designee shall review each application for completeness and reject incomplete applications. 2. Inspection report. The owner of the rental dwelling unit shall (1) arrange for an inspection of the unit or units and the premises on which the same are located by the Code Enforcement Official or his designee employed by the Town of Southold, or (2) provide to the Code Enforcement Official an inspection report provided by the Town, signed by either a New York State licensed professional engineer, New York State licensed architect or home inspector who has a valid New York State Uniform Fire Prevention Building Code certification that the structure and the dwelling units contained therein meet all applicable housing, sanitary, building, electrical and fire codes, rules and regulations. C. Rental permit requirements. 1. Rental permit applications shall be in writing on a form provided by the Town 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. Southold Town Regular Board Meeting July 31, 2018 page 43 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 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 Southold Town Regular Board Meeting July 31, 2018 page 44 setting forth the following: (a) That there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Town of Southold local laws or ordinances pertaining to the property; and (b) That there are no changes to any information as provided on the prior valid rental permit and application. 3. Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises on which the same are located to take place pursuant to Subsection C(2) above. 4._ The Town of Southold shall not accept, review or approve any renewal rental applications for dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. F. Registered motor vehicle restrictions. 1. _ Each rental dwelling shall be entitled to have one registered motor vehicle for each legally designated bedroom, as determined by the Code Enforcement Official, as well as one additional registered motor vehicle. §207-9 Revocation of permit. A. The Code Enforcement Official may revoke a rental occupancy permit where he or she finds that the permit holder has caused, permitted, suffered or allowed to exist and remain upon the premises for which such permit has been issued, for a period of 14 business days or more after written, return receipt requested notice and opportunity to be heard has been given to the permit holder, or the managing agent of such rental dwelling unit, a violation of the Multiple Residence Law and/or New York State Uniform Fire Prevention and Building Code or a violation of this chapter or other chapter of the Town Code. Revocation of a permit under this subsection cannot be done by a devisee or assistant of the Code Enforcement Official. B. An appeal from such revocation may be taken by the permit holder to the Town Board, by written request, made within 30 days from the date of such revocation. The Town Board shall hold a public hearing on such appeal after receipt of written request of such appeal, and after such hearing shall make written findings and conclusions and a decision either sustaining such permit revocation or reinstating such permit within 30 days after close of such public hearing. Unless the Town Board directs otherwise in circumstances constituting serious threats to health and safety, the filing of an appeal shall stay the effectiveness of a permit revocation until the Town Board has considered and ruled upon the issue. C. Any permit holder that takes an appeal to the Town Board from the revocation of a rental permit shall be required to pay an administrative fee $200.00 to the Town Clerk with the written request for the appeal. §207-10 Broker's/Agent's responsibility. A. Broker's/Agent's responsibility prior to listing. No Real Estate Broker or agent shall list or otherwise advertise, or offer for lease any rental dwelling unit for which a Southold Town Regular Board Meeting July 31, 2018 page 45 current rental permit has not been issued by the Code Enforcement Official. .4207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. V07-12 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 � 100)(ii) a(9-a) and 10(1)ON(3) and pursuant to 4 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. III. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said iudgment. IV. Effective Date. This chapter shall be effective upon filing with the Secretary of State. Applications for a rental permit shall be accepted upon the effective date of this chapter. However, in order to afford property owners a sufficient amount of time to apply for and obtain a rental permit as set forth herein, no violation of this chapter will be charged prior to August 1, 2019. I do have a signed notarized affidavit that this hearing has been advertised in the Suffolk Times, also on the Town Clerk's bulletin board and that's it. COUNCILWOMAN DOHERTY: If before we start we could set some ground rules, because I know a lot of people have a lot to say, if we could do five minutes or less and try not to repeat the same issues, so whoever would like to start? SUPERVISOR RUSSELL: Okay. Southold Town Regular Board Meeting July 31, 2018 page 46 ANNE MURRAY: Anne Murray from East Marion, I want to thank the Town Board for finally, finally putting this forward. It's been a long time that people that have been wanting this to be passed, especially given the story out of East Hampton this week where 32 people were found living in a one family home, I think we all know we have the same problem in this town, maybe not 32 people but there are pockets of places where people take advantage of immigrant workers or anybody else who can't afford to live in the town and pack them into very unsafe homes, so I am very glad to see the Town Board finally take action on this. Thank you. NICHOLAS DEEGAN: Nicholas Deegan, Mattituck. As a homeowner in Mattituck for 30 years, I see no need for this intrusion of the government into the lives of the communities of Southold Town, I do not see a defensive reason for all this code enforcement, except if you want more of the (inaudible) government intruding into people's lives and that's where I think we are coming from is, it's more government and it's more intrusion into our lives (inaudible). So I think it should be a non-starter here, unless you want to (inaudible) which I think we all in Southold town try to have a smaller government and less intrusion of government into our lives. I wish you would consider this before (inaudible), I don't see how it can be defended unless it's about jobs and giving out jobs, more jobs and hiring more in Southold Town Hall but other than that, I can't see, I haven't seen any of this (inaudible) I don't see it in Southold Town. Thank you. PATRICIA MOORE: Patricia Moore, resident of Southold Town and an attorney. I was waiting to hear if someone would mention the East Hampton incident that was in the press, actually I checked and East Hampton has a rental law, so the fact that the rental permit law is instituted does not prevent the over-crowding or non-compliance with housing safety codes, so the thought that a law will prevent that as a matter of evidence, that is not the case. I want to go over this particular law, we had a, Southold VOICE had a program and Jill Doherty and the Supervisor attended, I know Jim Dinizio was in the audience, so you heard a lot of the comments and I will go through a very few of them because I've already expressed my views before. I don't want to have to rehash, you know how I feel from the first hearing, I have not changed my mind. I still don't believe that it is necessary, I agree with the gentleman that said it was intrusive. It is, in my opinion, going to impact affordable housing because those that are renting to people for not a great deal of profit are just not going to want to go through this procedure. They are not getting a lot of money and the housing stock is already very difficult, so I don't see this as a means to encourage additional renting. As far as over-crowding, one of the purported intentions of this code, there is already a maintenance code. Section 100 of our town code already deals with that issue. That maintenance code, if you just enforce it and you have enforced it, many years ago I remember a case where I was involved where the town enforced the code and you were able to get compliance. So, just taking the codes you have in place now will do the trick. As far as comments about parking, well, homeowners with lots of kids, with lots of teenagers, with several trucks and cars, resident homeowners have issues with parking. So rental and parking, I think you probably are going to have somebody who is renting be more conscientious about providing parking for their renters than somebody that is a homeowner, so I don't really see for purposes of parking the need for that. We don't allow boarding houses in this town, so enforce the zoning code if you are concerned about overcrowding in a boarding house. The law itself says it requires certification by an owner or professional that you meet all local, county and state laws. Southold Town Regular Board Meeting July 31, 2018 page 47 Well, I defy any of you to tell me all the county and state laws that you may or may not comply with at your own home. Who knows? You have absolutely no idea, none of us do. so generally, I say if you are dead set on adopting this and there's nothing here today that persuades you otherwise, than at least put in a paragraph, a provision in this code that says if you have a C of O, you have a presumption that you meet all codes because it is impossible to try to get a professional to give a generic certification that you meet everything under the sun. Most rental codes say you meet the town code, that's something that theoretically you have knowledge of but that you comply with state and county laws. I am a lawyer and I have no idea. I could search it but I have no idea. There was a comment about, and this actually appears in your maintenance code but because it is a provision in this code regarding compliance with a rental requirements, you can't have an interior key or deadbolt locks, what if the owner has one of the rooms or an area bolted for personal storage? If you rent yourself house out, let's say you rent it all in compliance with the code but you create an area that is for the owners personal private area, does that mean that that now prohibits you from, I mean common sense would tell you that an inspector would, you would explain it to them but they look at the code and if they are following it and they are not allowed to use discretion, then that's in there. At the meeting we pointed out that no interior, that bedrooms can't get access to another room and I pointed out that my daughters own home has what would have been considered in the old days the children's nursery, it was the master bedroom, it wasn't this wonderful master bedroom that we all think of now, the master bedroom was where the other bedroom that you went through had the children's room or the nursery. So a lot of the older homes have interior rooms, they don't have corridors. Would that meet current or today's requirements and fire code safety? Absolutely not but that's the way the house was designed then. Overall, I don't think we need this. I think, again, it is just burdensome. You are going to punish those that are going to comply because 90% of the people in this town, if you tell them they have to go through step A through Z, they will go through steps A through Z. It's that last 10% that may cause the problem but is it worth it, when you have other laws on the books,to punish the 90 for the 10%, so I don't think so. Thank you. SUPERVISOR RUSSELL: Thank you. PAUL LOEB: Good evening, Paul Loeb, Greenport. I am a licensed real estate salesperson, so whatever rules you put forth, of course as an agent I will follow them. I am here tonight talking to you as a homeowner. I have a unique property which is a late Victorian that was converted into four units in the 1950's, so it has a CO as a four family. Some of the items you are coming across that are coming in here look like they will be problematic when it comes time for the inspection. The first speaker spoke about the over-crowding and the houses that are packed with people, I think it's a small percentage and the good people that are trying to run their houses responsibly are going to be caught in the crossfire of the rules and regulations you are putting into play. Our jobs are hard and now they are harder. I have made a couple of notes, some of them are just in form, it says here in one paragraph, it says non-owner occupied problems, rental dwellings can be a problem and then it goes on and it says owner occupied houses could be a problem. I don't know why you need to put both of those sentences in, it's pretty much any house could be a problem. But they went out of the way to tilt it towards, lead with non-owner occupied like they are all bad. They are not. A lot of people are doing a good job in keeping affordable housing in this town. It's expensive here. And people want to stay here. Another Southold Town Regular Board Meeting July 31, 2018 page 48 point, the part about peeling paint, you know, my neighbor's house is a wreck but if I get a little bit of peeling paint, it's a huge problem. I may be budgeting to paint my house and not everyone is full of cash and ready to go out and spend thousands of dollars to get your house painted. It could be a burden. I understand you want to keep the housing stock looking good but the owners have hard jobs and it's now harder. No permit shall be issued unless all provisions of the code of the Town of Southold, I picked up the same thing that Patricia Moore did, the town codes and the state codes, do you have them somewhere? I don't know what they are but I still, I run an investment property and I really don't know all these codes, I will have to be vouching that I am following them. The maximum number of persons that are allowed to occupy the premises pursuant to this chapter, I don't know that. The word is the state has some code that per square foot you can have so many people per square foot but I don't know what that is. I would be happy to learn it, I am certainly not pushing a lot of people into my house, although I could make a lot more money if I did. I am supposed to attest to this and I don't know the answer to it. All applicants must submit a sworn statement to the knowledge about the, once again, federal, state and county laws. I don't know what they are. All applicants for a rental permit shall sign an affidavit that they have received a copy and fully understand the town code on the restrictions on the number of unrelated persons occupying the residence. I don't know the answer to that. It would be helpful, if you are going to do this, help us. We want to work with you but this is the type of stuff that puts us at odds with you. Each rental dwelling shall be entitled to have one registered motor vehicle for each legally designated bedroom. That is problematic, three of them are one bedroom and the other is a studio, so now I am allowed just four cars at the house even though I have one bedrooms and I may rent them to a couple, who is supposed to go without a car and walk everywhere? I understand you are trying to stop overcrowding of single family homes with lots of cars but when you get to multi-families, this language doesn't work. Because what am I supposed to say, if you drive you can't live here. It's not fair. We go on, official may revoke a rental occupancy, oh, the rental permit, oh, the, you know the way this is written, I understand you are going against the really bad houses but we'll get caught in the crossfire, if I do rent to somebody and they get a girlfriend and they have a car, I am not going to be fined $500, the way this is written, I can be fined $500 a week until it's cured. And evictions aren't easy and they take a long time. Tenants don't always follow your regulations, so it puts us in a very bad spot unintentionally. I have no intention of putting 8 people in a one bedroom apartment but just practicality is an issue. The fines, not less than $500 so you clearly have it there that it's going to start at $500. That's a lot of money. If I have peeling paint and you charge me $500, it may be winter and I can't paint until the spring, so I am going to be charged $500 a week until the spring. It's just not practical, some of the text in here but I understand why you did it. What you are doing is not helping the affordable housing and the rental market because this new, with all this bureaucracy, less people will want to buy homes and make them available for rental. And so we have a problem with affordable housing and this is not helping it. And then with your start date, going with August, as a real estate agent, I request that you push that to January 2020, because we have our summer rental period and if I put someone in a house in July, I don't need a rental permit but August, I do and that person in the house wants to stay two more weeks... Southold Town Regular Board Meeting July 31, 2018 page 49 COUNCILWOMAN DOHERTY: Can I interrupt you and clarify that? The law will take effect upon the filing but what we are saying is we are not going to write any violations until August of 2019. MR. LOEB: I understand that part and what I am getting at is I wish you would push it to January because you are dropping this right in the middle of the busy summer rental season. And as a real estate agent, we are all going to be scrambling around, permit, no permit. If they rent it for July,now they are going to stay two weeks into August.... COUNCILWOMAN DOHERTY: You can get your permit starting once this is adopted, so if this is adopted say in two months, you can start getting the permits and you will be all set by this January. MR. LOEB: Yes, I can but the homeowner of the, as a real estate agent, if I put a tenant in in July, if it's not a problem. if they stay in to August, it is now a problem. COUNCILWOMAN DOHERTY: No, you are misinterpreting that. MR. LOEB: How am I misinterpreting? COUNCILWOMAN DOHERTY: If you have a rental permit and you are good for July, then you are good for the whole year. MR. LOEB: No, what I am saying is the, okay, as an agent, I put someone in a house in July, they don't need a rental permit... COUNCILWOMAN DOHERTY: No, they do. They do need a rental permit. MR. LOEB: But the violation doesn't kick in until August. COUNCILWOMAN DOHERTY: But you still need a permit. So we are giving you the time, we are not going to come in and violate you, we are going to give you the time, so if you need to get paperwork in order, say you don't have a proper CO and it takes you longer to get the rental permit, we are giving you time. MR. LOEB: It's not a problem in July but in August it is a problem. COUNCILMAN GHOSIO: No, it's a problem in July, too... COUNCILWOMAN DOHERTY: Yes, because you still need a permit in July, if you are still in the middle of working with the town, we are not going to go out and violate you, you know, we are working with you. Southold Town Regular Board Meeting July 31, 2018 page 50 MR. LOEB: Does the text say that? Because you know, what you put into place now, it's all going to come back to the text and then everyone is going to be in a spot because of the text. So to... COUNCILMAN GHOSIO: I think it's a little unusual to allow for 12 months from the time it passes and the time of enforcement to begin with. MR. LOEB: Well, actually Greenport Village, what they did is they put a code on the books and they made it a voluntary process for two or three years. It gave them muscle to go after problem houses and then they rolled it out to the entire community, so they gave them years to work on it. They sent letters around suggesting that you get a rental permit and then after two or three years, they put it into a must have. So it has been done before. But at the very least, if you could push it off till January 2020, the rental season of 2019 won't be so problematic for everyone involved. Thank you very much for hearing me. SUPERVISOR RUSSELL: Just a clarification, they can get the permit... COUNCILWOMAN DOHERTY: As soon as this law is adopted, you can file for the permit. This is not... SUPERVISOR RUSSELL: You don't have to wait until the last minute... COUNCILWOMAN DOHERTY: Yeah, if this, say this takes affect September 1, 2018, you can file for your permits... MR. LOEB: I understand that. What I am saying is as an agent, as a homeowner I will but as an agent, the person who owns the home, I can't make them get a permit that's not required. And so now this switch over is in July and August which I am now in the mix because I rented it for July. COUNCILWOMAN DOHERTY: Yes but if you already know that you are renting that house out... MR. LOEB: For July. COUNCILWOMAN DOHERTY: You still need a permit if you rent it for July. MR. LOEB: But it's not enforced. COUNCILWOMAN DOHERTY: It is going to be enforced but you are not going to get fined. We are not putting out fines, we are not going to put out tickets. MR. LOEB: What I am saying is, if you do the switch over in January, you avoid putting people in the spot where they are going to get fined. Southold Town Regular Board Meeting July 31, 2018 page 51 COUNCILMAN GHOSIO: That is what we originally said, January 1, 2019. MR. LOEB: No, 2020 would be my preference. COUNCILWOMAN DOHERTY: We were saying 2019 but we are willing to push it to August. SUPERVISOR RUSSELL: Inaudible....six months later as a result of the input we got the last time. MR. LOEB: I understand that, I'm saying it would be helpful if you pushed further because there is going to be some unintended consequences of switching over in the middle of the rental season with people who have not followed the rule and now in August it is a punishable fine and we are in the middle of it... COUNCILWOMAN DOHERTY: We will take it under consideration. SUPERVISOR RUSSELL: Yes, we will take it into consideration. If you know you are going to rent it out for the season, why don't you apply for the permit in June? MR. LOEB: What I am saying is, they rent it for July and now the tenant is having a nice time and they want to stay into August... COUNCILWOMAN DOHERTY: So they already have a permit though... SUPERVISOR RUSSELL: Why wouldn't the landlord, why wouldn't the property owner get the rental permit in June? That takes care of the whole summer. MR. LOEB: Have you met my clients? They don't always follow the rules. COUNCILWOMAN DOHERTY: Then they can't rent at all. SUPERVISOR RUSSELL: That's an issue between you and your clients, that's not an issue for us. MR. LOEB: What I am saying is, if you switch it over in January, it won't be a problem for anyone (inaudible). COUNCILWOMAN DOHERTY: If they are not going to get a permit for August, why would they get a permit in January? MR. LOEB: You are missing my point, I am saying as an agent I am in the middle of it, I am okay in July but I am problematic in August, so when you do it in January of 2020, I won't take the listing at all because they don't have the permit. But, you follow the point I am making? COUNCILWOMAN DOHERTY: Yes, I do. Southold Town Regular Board Meeting July 31, 2018 page 52 MR. LOEB: Thank you. SUPERVISOR RUSSELL: Mr. Lademann had his hand up before, so I will let him go and then you go. JOHN LADEMANN: I am not in favor of this any bit because I've already, don't like something else in this because if the inspector wants you to have your property surveyed, then that costs a lot of money. And that's ridiculous, if they can't find monuments, if there's no fence up, you have to spend another, up to $3,000 to have your property surveyed. For this man's idea that you know, you have been paying taxes on it, the property I am talking about, the family has owned it since 1945 and we pay taxes on it and you put something like that in there that's going to give him the right to (inaudible). Nobody can answer that. Why is it in it? COUNCILWOMAN DOHERTY: It is discretional on the part of the code reviewer. SUPERVISOR RUSSELL: The code enforcement, he has the right to ask for it, it is not mandatory. MR. LADEMANN: He has the right to ask? SUPERVISOR RUSSELL: He has the right to ask for it, it is not mandatory. MR. LADEMANN: Who gives him the right? SUPERVISOR RUSSELL: The new law would. MR. LADEMANN: Been paying taxes on it for years. SALEM KATSCH: Salem Katsch from Orient. I could say that in Orient we don't have the kind of problems that are subject to the legislative finding here, we are in an association, I am, and any kind of substandard housing, even a house that's peeling paint would not be tolerated very well by our community. So there are areas that should not be covered by this law.... COUNCILMAN GHOSIO: I am sorry, I have to ask this question... MR. KATSCH: Sure. COUNCILMAN GHOSIO: Who is your enforcement agency to make sure that the paint is not peeling on your house? SUPERVISOR RUSSELL: Have you ever met the Orient Association? MR. KATSCH: No, that's just one of our associations. Southold Town Regular Board Meeting July 31, 2018 page 53 COUNCILMAN GHOSIO: There's a difference between enforcement and shaming your neighbor into doing something. MR. KATSCH: Well, you know, I thought a lot of us are good republicans and look to private remedies rather than over-regulation. I have to say, I am a lawyer and I used to write legislation and this legislation is just not, in my opinion, a workable, professional job. You have in the statement of legislative findings, `determinations' and `findings' that there is serious conditions arising from non-owner occupied rental dwelling units in one, two, three family and multiple dwellings, substandard when in violation of the code, well, what is the answer to the question of why aren't you enforcing the code? Is there an answer? COUNCILMAN GHOSIO: How do you get in to inspect? MR. KATSCH: You can't get into inspect under this law without a search warrant. COUNCILMAN GHOSIO: Or the permission of the person who is applying for the... SUPERVISOR RUSSELL: Can I just, I am sorry, can I just remind the Board to speak into them microphones. It is turned up, it's just the quality of the microphones. MR. KATSCH: It is not that easy to enforce all these laws when you have one code enforcement official. I mean... SUPERVISOR RUSSELL: Three and a half, as a point of correction. Three full time and one part time. MR. KATSCH: Three and a half to fix these `serious conditions' that are throughout the Town of Southold that require this law, that you are going to do all these inspections, that are going to issue all these permit. Have you considered all of the forms, three and a half code enforcement officers? You are going to have what you have with the short term rental law, no enforcement. It was predicted then, it's the case today, everybody knows it. I think if you have findings, what are they? Where are they? Is there a report, was there a study, is there a survey? How many substandard houses are there? How many situations are there of over-crowding? I mean, with all due respect to Ms. Murphy, we've had enough anecdotal evidence, it's not evidence and it bothers me a lot because you know, legislative scenario and we are not a small town anymore, is there would be some fact finding by the Town Board or by people hired by the Town Board. They would come forward with a report, the report would be issued explaining all of the details of these laws and answer some of the micro questions that have come up here because to comply with this is not going to be easy. But we have no report, we don't know what your findings were, we don't know where the findings and determination of serious conditions comes from, so we are not in a position to evaluate...you guys work for us, right? Where are the facts? I mean, everybody can come up with an anecdote but there really should be a study. COUNCILWOMAN DOHERTY: Can I respond to that? There doesn't have to be a study for everything we pass up here and my concern and you said it yourself, is the safety aspect and, of Southold Town Regular Board Meeting July 31, 2018 page 54 our community. And we don't have to wait for something serious to happen before we try to keep our areas, our residential areas safe. We have had a couple of fires in recent years where our fire departments have gone in and walls are built in a center hall colonial where there shouldn't be. I don't want to see our volunteer firemen get hurt because somebody is trying to make more living space. You know, it is expensive to live out here, it is a preventive, a lot of times you have a reactionary code. This is not a reactionary code, this is a preventive code. MR. KATSCH: Well then there are no findings, there are no determinations that serious conditions exist... COUNCILWOMAN DOHERTY: We've had a couple of issues, yes but nobody says we have to have a report and findings before we enact a code. MR. KATSCH: It says you have some... COUNCILWOMAN DOHERTY: And we have some. MR. KATSCH: And you have determinations and that there are serious conditions and the fact that you've had two fires to my mind... COUNCILWOMAN DOHERTY: It's been more than two. MR. KATSCH: Now it's more than two. Well, where is this... SUPERVISOR RUSSELL: Can I offer commentary? Actually, the fire departments are the closest to the inventory in Southold Town. When you get feedback from them regularly, anecdotal works just fine in a small town. You do not need a comprehensive study, that is specious. MR. KATSCH: This is not a small town anymore. SUPERVISOR RUSSELL: Oh, it really is. MR. KATSCH: Oh, no it's not. And you have an obligation, if you are going to say in a piece of legislation that you have found there to be serious conditions but you have talked to some fire people and they say it would be great to have all these inspections, fire people want more inspections,that's their mentality, of course it is. But you guys are over regulating. SUPERVISOR RUSSELL: Okay. Inaudible because I have concerns about the law myself but you just disparaged the fire departments, members town-wide, it's not that they want more inspections, it's that from their field knowledge, from going out and dealing with the real challenges in the field, they bring those concerns back to us and we have an obligation to represent all constituents... MR. KATSCH: You get from that to this is light years away. Southold Town Regular Board Meeting July 31, 2018 page 55 SUPERVISOR RUSSELL: I don't agree. MR. KATSCH: You are saying here (inaudible) SUPERVISOR RUSSELL: But to say light years away is ridiculous. MR. KATSCH: You are saying the reason for the law is that the laws aren't being enforced, so you are going to come in and pass a law to enforce laws that aren't being enforced? That's what it says here. I am not making this up. You are saying the laws are not being enforced, therefore, we need this permit law. Let me go on, there are some specific problems with the law, I don't know if you realize it but the law says that every house, every property subject to this law must meet all the requirements. Now, my house is subject to the requirements of this law but I don't rent but I am subject now to the requirement in this law that says I can't have a lock in my bedroom. COUNCILWOMAN DOHERTY: That is New York State building code. MR. KATSCH: New York State building code says that a bedroom can't have an inside lock? COUNCILWOMAN DOHERTY: Not a bolt lock. MR. KATSCH: But a lock? You think somebody is going to rent a home to a couple and some small children and not have a lock on the bedroom, they will use a wedge, I mean, come on. People want privacy. This is minute regulation of a sort that republicans like us don't want. And there are less restrictive alternatives which is a very important concept in law, to have less restrictive alternatives to the extent possible. Let me just quickly, I took a lot of time, sorry, it is very good that you have provisions on monitoring and regulating inspections and the need for search warrants, there have been times and now I will share some anecdotes where people that don't like the next door neighbor go around with cameras and trespass and take pictures, all the other things that, and sometimes at the request of a code enforcement official. Someone makes a complaint, they say well, go take pictures and show me. That should be outlawed, the town should not be encouraging people to go inspect their neighbors properties. You have a provision here that if there is a revocation of a permit, they should appeal to the Town Board. The Town Board, notwithstanding the heading on this section that says the Town Board has no appellate jurisdiction, in fact, the Town Board has no appellate,judicatory jurisdiction. This is a provision for taking an appeal to the Town Board for a decision of the enforcement officer to revoke a permit, you don't have jurisdiction to do that. I could, I would be happy to work with the Board, I mean, I am in favor of permits. I was in favor of permits during the short term rental debate, when the Supervisor came out dead set against permits and he wanted an absolute ban. SUPERVISOR RUSSELL: It's this Board did, it wasn't the Supervisor. MR. KATSCH: I am sorry, you made the statement that the Board, yes, that's correct. The Board said no permits, so you can't rent for two weeks but you can rent for two weeks and a day. And now this law is superimposed on that one but this one isn't in the zoning code, that one is in Southold Town Regular Board Meeting July 31, 2018 page 56 the zoning code so I don't know where that leaves the two laws together, this Councilwoman Doherty I think it was during the short term rental hearings made a point that that was a short- term, stopgap measure and it was going to be rationalized in the context of a broader rental law. I think there should be a broader rental law, a good rental law but not one that goes into such minutiae of control and regulation, chipping paint, bedroom locks, I mean, I just think we have come a little too far for that. Anyway, thank you very much for your attention. TOM MCCARTHY: Good evening, Tom McCarthy, Southold. I agree wholeheartedly with what the last gentleman said. I think what we are winding up with is a donkey and I think it's a code made by committee with feedback from the public, we are going to wind up with something we don't really want. I echo the comments of Paul Loeb before, if he has multiple people in on a home but you don't have enough room to park. Why do we have parking requirements as well as occupancy requirements? If you have a bedroom that can occupy two people, by the square footage requirement of the NYS building code and you have four of them, you are legally allowed to have eight people. Your code says you can have only five cars. I think you are winding up with a donkey. I think there's a lot of things in this code, albeit well-meaning to try to preserve the life, safety, well-being of the residents of Southold but I think you are taking our rights away from us with every paragraph in this code and I am wholeheartedly against it. Again, as we met on Saturday morning, I very much appreciate the people that came to the Southold VOICE meeting, Scott and Jim and Jill, in this code I cannot let a friend use my house. You are taking my rights away. Is that an oversight? It has to be either family or an owner of the property. I can't allow my friend to use my house? You are taking my rights away. COUNCILWOMAN DOHERTY: Excuse me, let me interrupt, I don't see where you... MR. MCCARTHY: It says a family member or an owner. COUNCILWOMAN DOHERTY: If you are not renting it to them, you are letting it to them, you are letting them use it then it's not........ MR. MCCARTHY: It's refutable proof to a violation. Do you mean a violation has to occur in order for us to refute that we have evidence to the contrary? I think the language is really poor. I think the whole thing should be thrown out, start over because I think it's the solution looking for the problem. I really think that we ought to go back to the drawing board, throw this whole thing out and come back with exactly what's the problem. What is the correspondence we received from every fire department? Like this gentleman said, what's the study, where are the violations, where is the communication from the fire departments, how are we looking at, do we have a mechanism for each one of the departments in our community, to go for the next six months and give us some feedback, objectively, where are the problems and how do we see them. Why don't we go back and analyze that and then come back with something that works that solves that particular problem. But I think this is a law that is a solution looking for a problem. There's many things in here, as Pat Moore said previously, there should be a presumption that if you have a CO, that you comply. The placard right in front of us, Town of Southold 1640, we didn't start CO's until 1957 and what do they say? CO for a single family dwelling. The building inspector has no idea what the bedrooms layouts are, if they are interconnected or not, some of Southold Town Regular Board Meeting July 31, 2018 page 57 the original homeowners don't know and some homes don't have CO's. I think what this legislation, what you are doing is you are going to leave a lot up to policy making by the building department and I think that's dangerous. Policy making by the building department how do we enforce what the intent of this is? I think it's extremely dangerous. The portions of the code that deal with you have to attest to every single law that's in the nation, including probably reciting the 16th amendment before you can get you know, a rental permit, I think it's overbearing, 100 percent. Right now,just for instance, there have been codes that have been changed in our town. You used to have a railing on a deck if was over 18 inches, so you couldn't fall off of it, then they changed it to 30 inches and then moved it back. Which code are we attesting to, that our homes comply with. There's moving targets every single day and it's got to be up to the interpretation of someone other than this board in order to put that in place and I think we are setting ourselves up for failure, for discord from our members of the community that hired you folks to look out for our best interests but I don't think this piece of legislation does it. I think it creates more problems than it solves and there's just multiple issues throughout the code, although it is well meaning, but every single paragraph in here is taking away the rights of tax paying citizens in this town that have hired you folks to do what's in our best interests and I don't feel that this piece of legislation is. I suggest that you go out, commission a study, let's look at the facts and let's analyze it together as a community because I don't think this piece ,of legislation is doing it. Thank you. SUPERVISOR RUSSELL: Tom, can I just ask a quick question? Would you support a rental code if it was drafted differently? Do you believe in the concept of a rental code? MR. MCCARTHY: Yes, I would. I would like to also add for the record, I am a real estate broker, I have had my license for over 30 years. I own rental properties in the Town of Southold, I own them in the Town of Riverhead, I own in the Town of Southampton. This is really overbearing. There are renewal provisions in the other towns, I just received them from the town of Southampton, .there is not a re-inspection on a renewal, okay?- You have to go along with it, there's not a physical re-inspection but there's a renewal of the paperwork. This code doesn't say if I sell my house or at least I didn't see it there, does the permit run with the land or is it with the owner? If I bought a property that had a rental permit, do I assume that that comes along with it or does there have to be another inspection? There's just so many different things in here that are, as the Southold VOICE community put together, unintended consequences. And I think we really need to go back to the drawing board, identify the problem and then look for a solution that solves that problem. But yes, I am in favor of life, safety and protection of all the residents in Southold Town. I agree 100 percent with your attempt but I don't agree that this is the vehicle to get there. SUPERVISOR RUSSELL: But rental permit, if it was more, if it was better crafted? MR. MCCARTHY: Only for the instance, Scott, that we can't enforce the codes that are on the books, which this gentleman just put out there, if our finding is that there are violations of those codes, if there are violations, why don't we have the teeth to do it and is this the only mechanism to get the teeth to enforce the other codes that are not being enforced. Southold Town Regular Board Meeting July 31, 2018 page 58 SUPERVISOR RUSSELL: So, yes? For a rental code? MR. MCCARTHY: If it was very watered down and it was easy, it wasn't punitive to the residents of the town. SUPERVISOR RUSSELL: Fair point. Thanks. Who else would like to address the Town Board on this? ROBERT LYNAM: Good evening, Robert Lynam from Peconic. I am speaking on behalf of Marissa Cardinale who was unable to come to the meeting. At the Southold VOICE meeting last week there was no opportunity to ask Jill Doherty what she meant by her introduction of this proposed law. She said she backed the law to `protect our way of life and that she could see where we would be in five years if we did not adopt this law' I would like Miss Doherty to define what way of life she feels is under threat and exactly where we will be in five years in your view. But first, let me say what five years of this new law would do to Southold. Southold senior homeowners will no longer have the option of supplementing their income with seasonal rentals. The seasonal rentals, the summer people, will have nowhere to stay but hotels. All the local owner run businesses that depend on summer visitors who have rental homes, fish markets, farmer markets, infrastructure that is supported by hundreds of visitors who temporarily set up housekeeping, that will be gone. Instead there will be pressure to build resorts, big hotels that put the tourism dollars into the hands of large corporate interests instead of individual community members. Large hotels and resorts that will bring concentrated traffic in the summer and a ghost town in winter, where visitors remain on a resort rather than bring their dollars into the small businesses in Southold. This is the way of life that this power grab, property rights stealing law will create, a very different Southold. Sincerely, Marissa Cardinale. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? BILL CASSIOPA: Bill Cassiopa, New Suffolk. I have rental properties in most of the hamlets and I go out every day and work on rental properties, whether it's inside or outside and I feel like I am missing something because there's many neighbors on the block next door to the house that I own, that live there and they are owners and their house looks terrible and they don't take care of it and the probably have all kinds of bad uses and hazards and whatnot and yet it seems like they are going to run scot free. These laws, as I understand it, does not apply to a homeowner. So where's the right, where's the justice in that if there are landlords and I think most of them are landlords who are very responsible and take care of their properties and make them look good in the areas where they are, so with these regulations and I haven't read all of them but I will, the idea, if it's an older home and it needs to have leaders and gutters which might not be on there because there never where any on there, it's a real burden to many, many people who are landlords trying to do the right thing in the Town of Southold. Thank you. SUPERVISOR RUSSELL: Thank you. JACK REARDON: Hi, everyone. Jack Reardon. I live in Greenport but I own a rental property in Laurel and I would like to thank you for allowing us to speak tonight. I too was at the Southold Town Regular Board Meeting July 31, 2018 page 59 Southold VOICE meeting on Saturday and heard a tremendous number of good ideas. I am new to this topic myself but it does personally impact me and my family, so I figured I better take my opportunity to say something. I would like to thank everybody who came to speak up also because it is not easy to speak in front of a crowd. And you know, basically, it's the choirs talking to the choirs. You know who's out here and we know pretty much where everybody stands on the Board. And you asked us not to reiterate ideas and things that were said by other members and by gosh, that's all we got, all the things I want to say have already been said basically, so I am going to continue with going over some of my issues as well and some I hadn't thought of. Certainly, let's start by just trying to articulate the problem. I go, I look at this law and what's the problem, what's going to be the solution? And the problem seems to be housing and there's a couple of kinds, there's long term, there's workforce, there's personal and there's like the weekend people that are here for really, I think how this all started, the Airbnb issue and now we are all caught up in a bigger topic. The other day I was speaking to my neighbor who lives in Greenport but part of his property is in Southold, so he is going to be affected by this, he is an elderly guy, he is on retirement, so he is on a fixed income. He rents his house to a family that keeps an eye on him and maintains the place but you know, by interpreting this, now he may be in for a survey which could run anywhere from a few hundred to a few thousand dollars, he's in for the permit, the re-permit application and who knows what other things and that brings me to the other things I want to discuss, with just who's going to be looking at what inside your house. Now I have a little bit of experience with this, like Mr. McCarthy I have a house in Southampton Town and I found their permitting process to be dehumanizing and a little humiliating but I got on board and you know, I did that. it's good if you are an absentee owner and you are renting the property and that's your income, you need to follow certain rules and regulations. The most important would be fire and safety, egress in and out. After that, it becomes somewhat of an opinion. With my experience, there was electrical and that was, anecdotes up the whazoo about that itself, there was the potential of the health department which then would lead to a septic system which would lead to a whole new approach because we can't have people spending $20,000 just to rent their house out. So this law, though, touches on, it's essence is correct, I believe it's purview is tremendously overbearing. No one wants the government to regulate their bedroom and that's what this does. I don't want the government to regulate anything on my property though I do have to abide by that. you know, we all pay a lot of money, we do have the right to do and represent ourselves on our piece of property the way we want and if we want to rent out for a weekend to someone, we should have the right to do that because it's not a business, we are not doing it to put anybody out of business and we are not doing it on a regular basis, okay, and so my neighbor, we are chatting about this and he goes, grandfather everybody who's renting, now, just make everybody and then all the new people, make them do it. I don't know if that's the right answer (inaudible) and I heard Paul Loeb talk about pushing dates back and it's funny because I wrote stuff down the other day, January 1, 2020. That was the date I wrote down and I think after the Board considers reconsidering this writing of this law and I think what you need is some input from your constituents here, as well as yourselves, to articulate the best they can but somewhat not specific. Like I really don't want my house to be inspected by someone who might then bring in, the electric people, the water people, the health department people, the building department people because the inspector deems it by their opinion, that's not right. you know, a center hall colonial that has a wall put up inside, people are allowed to do that, it doesn't change anything about the house. You know? Southold Town Regular Board Meeting July 31, 2018 page 60. That's allowed, that stuff. And then some of the other things here about maintaining things, I have seen plenty of clay tennis courts that are not maintained, weeds growing up through, I guess that's a personal thing, you know, the age of the house is going to dictate the deterioration or the newness of anything on the structure and there are a variety of other things, I would just like to articulate a few of them, no bedroom or sleeping quarters shall have an interior lock, you know, I like to keep people out of my bedroom sometimes, not that I want to keep anybody out but if I was renting I would want to keep renters out, the history of the architecture, we've talked about that, how some rooms are egress to other rooms and that's just the essence of the structure and these are all tough things to address in a, like this. I suggest, what I would like to see the Board do is stagger the implementation. I heard supervisor Russell say there was going to be no vote tonight, he was going to postpone it, I would like to see a tabling until we get it all rewritten and figure out a good implementation, I like the implementation of 1/1/20 but along with that, people should be allowed to volunteer and sign up, I would do it, I would get it all out of the way but there shouldn't be any rushing to, for this, because we have all seen it in all of our jobs, all of our lives, that the person that comes in and makes this big change and then we do have these unforeseen consequences and there's a lot of back-stepping. Here's an opportunity to do it in sort of an appropriate way and you have got a lot of people that are probably like, you know, I will read it, I will give you my ideas. And there are plenty of people in this town that have got plenty of time on their hands that will help you. without going into all of my minutiae, I would like to say thank you very much for having me to speak and I am trusting that we are not going to rush into this and that we are going to listen to your constituents and keep the government at their distance and keep us in charge of our property. Thank you very much. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this hearing? MARIE BENINATI: Marie Beninati, I am also a broker and I live in Southold. I am not going to repeat any of the things per your request, Jill, but I do want to say a couple of things. I don't support this, I don't think there's a need for it. I think the issue of enforcement is there and you all have to figure out how to make that work. I would, not guess, probably know, that the members of our fire departments, the members of our law enforcement, they know where these homes are. They know the buildings that have the violations. Why aren't we doing something about that? There is code on the books, there are penalties I was told on the books and yet we have a whole bunch of penalties in this code. Not in the helicopter code but in this code. There are issues with the law that need to be addressed, you have heard people say it over and over again. I would urge you to gracefully take a step back and do what you are hearing this evening. start all over, start all over. We don't need to copy some other towns code. Start over and do what is right for Southold Town. There is no question, this is intrusive, it's overbearing, it's punitive. It's not what you want, I know it's not what you want. It's certainly not what we want in this town. We can do what needs to be done to protect people but we can't do things that are going to get those people who are living in rental apartments that they can barely afford, they are going to lose them, they are going to be thrown out. There is going to be major upheaval in this town if we don't go about this in the right way. It's wrong for people not to protect people in their homes, not to follow fire code, building codes and all those things, its wrong. But you know who they are, do something about it. Alright? And as far as this is concerned, put a Southold Town Regular Board Meeting July 31, 2018 page 61 committee together and get the best thinking of the town and get the right solution for this. a permit is not going to give you the solution that you want. Those fires wouldn't have been stopped by a permit, I am sorry. I don't think they would. So I wish you good thinking, I wish you gracefully to step back and come up with a much better solution for Southold Town. Thank you. DUNEWOOD TRUGLIA: Dunewood Truglia, I am not going to repeat anything that I heard tonight, I think it was all excellent, some points made especially some of the presumptions that should be in that law that are not. I urge the Town Board not to kill a gnat with a hammer. Thank you. SUPERVISOR RUSSELL: Please. LESLIE CLEWIS: Hi, Leslie Clewis. I am not going to repeat anything either but I do have a couple of questions. These ordinances that you are trying to enact into law are going to affect other individuals in the community and our community and I say'our community though some people may say because I don't live in the home full-time year round, I mean, I have the right to the opinion. Let's make it clear, we pay the taxes, we maintain it. So, there are properties in our community which, yes, show a little wear and could use some assistance. These homes are held by individuals who may be struggling financially. So how will implementing this law help those individuals? Are we just going to boot them out of the community, eventually turn around and say well, you have reached a certain level of fines we are going to take action and take over your home? You know, I understand that everyone wants to look around and see the world beautiful, well, beauty comes in many different ways. In compassion for your neighbor, in assisting those around you and giving in a little bit and not being so self-interested. You know, in our community the short term rental has been a major discussion, a major issue, yet in the past six to seven years, property values have increased almost 100 percent. That is a major gain even with those homes that show a bit of a blemish. I live next to one, it doesn't bother me. We know the family, those individuals have suffered some hardships. What is going to be done to assist them? Are you going to force them out of their homes? That's the question you need to ask yourselves. I would like to address the parking issue. That needs to be based upon capacity of a person's driveway, not their bedrooms. There are already laws in place for nuisance problems in a community. If someone is blocking a street, you call the police, they come and make them move, if they don't move you tow them out of the way. We have other issues in our community that are not being addressed. We are right on the sound, we have, actually yesterday I was limbing up some trees in the front yard, clearing out debris and I found crack bags on my property. But you know what? I live in a community where everyone watches out for everyone. No one saw this happening, the activity, two weeks ago I had a meeting with Chief Flatley and another neighbor because of the nuisance created by the fishermen who camp out behind our houses all night long. You see flashlights, going up on people's house. Nothing is being done about this. In that discussion with Chief Flatley, I said one of the officers claimed this was a park area. It's not a park area. East of Goldsmiths inlet is the park area, yet, we are suffering these problems. Theft has occurred on the homes right off the beach because of these problems. We have had another resident who; two summers ago, someone attempted to break into his home because of these problems. So I say we are looking at safety in the community, let's truly look at Southold Town Regular Board Meeting July 31, 2018 page 62 what we can do to maintain a safe community because we have people who expose themselves on our beach to urinate because they have been standing out there eight hours and ten hours in a day fishing. In a family community, it's not a nudist colony. But I don't hear discussions about this. In regards to people's homes, we have a right, we are paying taxes. We are maintaining. The people who have taken and done short term rental in our community have all helped in improving it and the fact is, the people they bring in bring money to our community. They are spending it in the community, they are helping to bring jobs to the community. So think twice please. Pull it back a little bit and think it over. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. More specifically, Fleets Neck. Traditionally a seasonal neighborhood of Southold Town of which there are many and I am an advocate of rental registry. However, this law is over the top. But I think that we do need to start to get a handle on the issues of rental properties. I would like to know and for you to know and have better idea of the various compositions of neighborhoods. There's been a gradual change from seasonal community to year round community where I live and I think that is having serious impacts on our qualities of life etc. we are not going to go backwards, you know, seasonal home ownership, eh, you put up with some parties and stuff in the summer except if they are setting off fireworks all summer long etc., that shouldn't happen with or without the fact the residence is being rented but I do think if the residence is being rented, that is something that I would like to have our local government know which house is being rented and perhaps collect a small administrative fee but not to impose draconian requirements, keep your room neat. You know, I don't want to see the code enforcement going into people's houses looking for that sort of thing whether the house be owned or rented but and I don't think that you could impose a registry or permit requirement on homes that are used seasonally, maybe not a permit requirement but as working with the federal government in the last census, I think it was 2010, they do ask people are you living here year round or are you here seasonally? And I think it would be a good idea for the town to take note of that and also to impose a rental permit required for rental although there might need to be exceptions for preexisting uses, seasonal rentals and year round rentals may have some different requirements that apply them, I don't see that here. This is just a ban. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? The way I view this is as an opportunity for the town to get input and the concerns and then maybe as a two way discussion so you understand what we are trying to wrestle with and some of the difficulties. The CO, if you have a CO, you ought to be able to rent it, I agree with that 100 percent. It's nice, it's streamlined but just so you know, how do I deal with the houses that have gone through fundamental changes over the years without building permits? One of the problems we have is houses that have CO's and firemen are going into that have been split up into two or three units. That's a challenge that we have to overcome somehow. The issue with regard to also just issuing a permit without requiring something, I am not sure we have the legal right to sanction a use without making sure it's compliant with NYS safety and fire code. Which I want to mention, a lot of these issues aren't arbitrary, they have come from other sources like the NYS building safety fire code. The absentee landlords, look we have got to put this on the Southold Town Regular Board Meeting July 31, 2018 page 63 table, I recognize that it's difficult to regulate every blade of grass in a home but what do we do about the people that have been offering the homes for rent in another community for years and haven't put a penny back into the site? There needs to be an understanding that there has to be some measure of accountability, community standard there. One thing I will have to say, Marie, I appreciate what you said, the overcrowding, the problem is, how do we establish that? Under the current code, what code? How do we establish that there's seven, eight or nine people in that home? We have no legal vehicle for doing that right now. That's one of the challenges that we have been dealing with for the past decade is dealing with this overcrowding and trying to establish probably cause. You can't just knock on doors and force yourself in. One of the things I would say is the parking, it's a tough issue for us because you don't want too many cars there, I know the gentleman said you can just have the police remove the car from the road, they can't. If they are legally parked on a public road, you cannot make them move the vehicle. So that's an issue we have to somehow come to grips with. One of the things I will say, one of my biggest concerns from the beginning was the displacement of people, what do we do if they are not compliant? When we had a, oh incidentally, I do want to comment, when you said the rental code wouldn't stop that fire, those fires, yeah, that's the point. That's why you need a rental code, to prevent that from happening in the future, one of the issues. But I am concerned about displacement. If we all of a sudden find a lot of rental units where the owner isn't interested in continuing to rent because of the code or people simply can't occupy a home for all sorts of safety reasons. We have struggled with displacement issues in the past, trying to find homes for people, alternative housing. When we had the fire in Peconic, 27 people living in one home, I had a heck of a time trying to find alternative housing for them because most of the resources are maxed out, so I do recognize that is going to be a problem. This public hearing was declared closed at 9:16 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2. PH 7/317:31 Pm -LL Chapter 280 Helicopters COUNCILMAN GHOSIO: NOTICE IS HEREBY there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of July, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, `Zoning' with regard to Helicopters" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 31" day of July, 2018 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning' with regard to Helicopters" reads as follows: LOCAL LAW NO. 2018 Southold Town Regular Board Meeting July 31, 2018 page 64 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, `Zoning' with regard to Helicopters". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To modify and clarify certain provision of the Town Code as it pertains to helicopters in order to better protect the quality of life enjoyed by Southold Town residents. Il. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-20101 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14)hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L.No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280- 15 herein: (12) Use of aircraft in agricultural operations, provided that: (a) the use has been granted a special exception from the Zoning Board of Appeals. (b) in addition to the criteria for a special exception set forth in 280-142 7 143, the ZBA shall considering the following criteria: (1) the anticipated frequency of flights (2) the location of the proposed landing and take-off zone (3) the location of residences (4) the type of aircraft being used (c) Notwithstanding the forgoing, the use of aircraft shall be limited to spraying crops, surveying, fields and transporting employees and shall not be used for transporting non-employees to and from the subject premises. Article XXII. Supplementary Regulations § 280-111. Prohibited uses in all districts. Southold Town Regular Board Meeting July 31, 2018 page 65 [Amended 11-24-1992 by L.L. No. 26-1992; 8-8-2006 by L.L. No. 7-2015; 8-25-2015 by L.L. No. 7-2015] C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfiiric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural or synthetic); soaps, including fat rendering; starch. D The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products.Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks,pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance or hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of-way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient rental properties. K. Aircraft prohibited. 1. Helicopters prohibited. No person, firm or corporation shall land or cause Southold Town Regular Board Meeting July 31, 2018 page 66 to be landed, take off or cause to take off or taxi any helicopter on or from the waters, beaches or on any land within the Town of Southold. 2. Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any seaplane on or from the waterways under the jurisdiction of the Town of Southold Board of Trustees. 3. This ordinance shall not apply to Town owned airfields, medical or police emergency landinl4s and takeoffs or aircraft involved in medical or military emergencies. 4. This ordinance shall not apply to the use of aircraft as an accessory use to agricultural production as set forth in section 280-13(c)(12). III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a signed affidavit that this was noticed in the Suffolk Times, also on the Town Clerk's bulletin board and on the Town's website. I do have a letter here from Suffolk County Department of Economic Development and Planning that this is to be considered to be a matter for local determination as there is no significant county-wide or inter-community impacts. And I have a few letters and comments that are considered to be part of the record. That's all I have. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular local law? ADAM IRVING: Adam Irving from Orient. I work with the Southold Town Helicopter Committee. Teresa McCaskie who has been by far the number one proponent of trying to adopt a code and also work on helicopter related issues as Southold residents are affected cannot be here tonight so obviously I am speaking on both of our behalves, but we have worked with Bob, we have met with local pilots that do agricultural spraying, surveying, things like that, I think those meetings have been pretty productive and we are happy with this code. I think that the code can achieve two benefits, it can allow the existing operators here in Southold to continue to do what they do, at the same time it can help protect residents in Southold from essentially an air taxi business that has proliferated significantly, primarily on the south fork, at this point I think it's fair to say the north fork is somewhat of a door mat for the Hamptons in terms of what used to be kind of Friday's and Sunday nights, it's now kind of a seven day a week problem and the problem goes much deeper into the off season in terms of whoever is on the route is getting consistent helicopter traffic, so places like in Orient and places around Riverhead, Laurel, Southold Town Regular Board Meeting July 31, 2018 page 67 Wading River get hammered. Mattituck used to get hammered, that's been shifted slightly so now it's places around Peconic, Cutchogue, Nassau Point. you know, in and out all day long. In our mind, the goal of this legislation is to prevent the air taxi business setting up shop here in Southold and taking what I think is already a pretty unfair and untenable situation for residents and making it that much worse, were they to set up shop here, so certainly speaking from a personal standpoint as well as someone who has spent five years working with the town helicopter committee, we are very much in favor of the proposed language. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? ANNE MURRAY: I am Anne Murray from East Marion and I am with Adam in his approval of this code, I just have a question though. On my copy here it says `ordinance shall not apply to the use of aircraft as an accessory use to' and then it ends. My only question on this, if someone wants to put a big house, Hampton style, are they allowed to put a helipad on their property or does this law prevent that? TOWN ATTORNEY DUFFY: Inaudible. MS. MURRAY: I don't have the last page on this copy, that's why I am asking. TOWN ATTORNEY DUFFY: Inaudible. MS. MURRAY: Oh, I see. Thank you. And you know, the aircraft has been shifted back and forth but I can attest to East Marion being hammered now and Orient, especially over the causeway. Thank you for finally doing this. PETER WALKER: Peter Walker, Cutchogue. I have also worked with Teresa and Teresa asked me to show since she couldn't make it and again, give our support. I am from Cutchogue and we get hammered, it's been going on for over 10 years. This is one step to maybe stop it. if we can get Schumer and Gillibrand involved, maybe we can end it but I doubt that's ever going to happen. Since the (inaudible) route over in East Hampton has been cancelled, we are even getting more and I don't know when nor does Teresa know when that is going to be rectified but also sea planes, they can't land in our waters and they can't fly over our homes, so I think this is a very, very good step in the right direction. SUPERVISOR RUSSELL: Who else would like to address the Town Board? STEVE BARSH: Hi, I am Steve Barsh of New Suffolk and also representing Mattituck Airport. I just want to comment on one particular aspect of the code, I think certainly we maintain the position that we are a non-conforming, pre-existing use therefore we would be permitted to continue to use the airport as we have for the over 80 years. However, as the airport is governed by the FAA and federal law, we would ask that there's a specific exception made for Mattituck Airport rather than permitting it only through the non-conforming, pre-existing use. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Southold Town Regular Board Meeting July 31, 2018 page 68 MS. MURRAY: Since he brought up Mattituck Airport, I am curious, how does the Town Board react to that? Will there be a special exception for Mattituck Airport, should they want to have helicopters land there? SUPERVISOR RUSSELL: I will defer to the Town Attorney. TOWN ATTORNEY DUFFY: I think I would recognize it is a pre-existing, non-conforming use.... MS. MURRAY: I can't hear you. TOWN ATTORNEY DUFFY: We do recognize it is pre-existing, non-conforming use under zoning so they would be allowed to continue to operate and I do agree that the FAA (inaudible) because I know we can't interfere with what the FAA would allow or not allow, so they have (inaudible) MS. MURRAY: So they could operate a helicopter business? They could be a BLADE stop if they wanted to be? TOWN ATTORNEY DUFFY: I am not going to get into specific examples but they are a pre- existing, non-conforming use. MS. MURRAY: Right. So for people who don't know, BLADE is the service that sort of like the Uber of aircraft. Thank you. COUNCILMAN GHOSIO: I will say that as far as I learned in talking with the owners of the Mattituck Airport, it is a privately owned airport and anybody that wants to land there has to receive permission first. We were very sensitive when we put this together to ensure that the airport was not affected by this and we believe with the help of the Town Attorney, it is pre- existing, non-conforming and has prior approval from say the FAA that we didn't have to do anything further than that in what we have done with this code and they will not be affected by this law. MARIE BENINATI: Good evening, Marie Beninati, Southold. I just have a question, are there any penalties in this code or part of the previous code for offenses? TOWN ATTORNEY DUFFY: It's part of our zoning code, so the zoning code already has penalties for violations of Chapter 280, which is our zoning ordinance but I don't have exact range but it runs from minimal up to several thousand dollars, I believe the max is $5,000. MS. BENINATI: So nothing specific to this particular... SUPERVISOR RUSSELL: It's the same range that would be in the code for any other violation. MS. BENINATI: Alright. Thank you. Southold Town Regular Board Meeting July 31, 2018 page 69 SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? JIM UNDERWOOD: Bob, you just mentioned that they would have to ask permission to land at Mattituck Airport, permission granted by whom? COUNCILMAN GHOSIO: By the owners. MR. UNDERWOOD: By the owners of the airport. SUPERVISOR RUSSELL: Under the current... MR. UNDERWOOD: This is the crack in the door that... SUPERVISOR RUSSELL: Okay, go ahead. MR. UNDERWOOD: No, that's okay. That's all I had to say. SUPERVISOR RUSSELL: I am just going to quickly say that the manager of the Mattituck Airbase has been very responsive to the town's concerns. Every time I have called we got immediate action, I am very confident in the way the airport is run that we can rest assured, however, there is an understanding that someday airports can sell to a new owner. This code, I can't speak to can they do this or can they do that down the road because like every other code that governs use, you need to see exactly what someone wants to do before you can say they can or can't do that. that's why it's difficult to answer questions about, well, if someday they do this, if someday they do that. It has to go through a review process like every other aspect of the code. COUNCILMAN GHOSIO: I can tell you if you look at the history of the airport and you see the pictures over the past 50 years, the intensity of use was a whole lot greater 20, 30 and 40 years ago than it is today, in spite of the influx and the popularity of helicopter taxis and the flights to and from East Hampton. So in that regard we are certainly better than we were before and I am confident based upon our conversations with what the owners are doing there and what they plan to do, that that intensity is going to stay as it is today. SUPERVISOR RUSSELL: Who else would like to address the Town Board? SALEM KATSCH: Salem Katsch from Orient. I also am in favor of limiting the amount of air traffic. I just would like to know how this prevents a pre-existing use from being expanded? TOWN ATTORNEY DUFFY: I will try to address this, they would have to comply with pre- expansion of pre-existing, non-conforming uses, it is a very (inaudible) intensification versus expansion so, our code does address expansion of non-conforming uses so they would have to comply with that, they would have to seek approval to expand a non-conforming use. MR. KATSCH: Well, if it's a new approval, is that a pre-existing use? Southold Town Regular Board Meeting July 31, 2018 page 70 COUNCILMAN GHOSIO: What do you mean by that? MR. KATSCH: I mean, if somebody who has flown a taxi service twice a week wants to increase it to six times a week, is he allowed because he has done it twice a week? COUNCILWOMAN DOHERTY: Not automatically. TOWN ATTORNEY DUFFY: Again, I don't want to get into the hypothetical because you would have to make a determination, is that an intensification or an expansion? MR. KATSCH: Well, obviously it's an expansion. TOWN ATTORNEY DUFFY: Well, I don't know that it's obvious. COUNCILMAN GHOSIO: Inaudible. MR. KATSCH: It's an intensification? TOWN ATTORNEY DUFFY: The code makes a distinction between intensification where they are a little bit busier as opposed to an expansion. MR. KATSCH: Okay, thank you. SUPERVISOR RUSSELL: Who else would like to address the Board? UNIDENTIFIED: Inaudible. So the helicopters weren't flying in there. COUNCILMAN GHOSIO: No, it had helicopters, it had tie downs. In fact, it had a lot more tie downs than there are today. I have physically seen the pictures. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? BENJAMIN SCHWARTZ: Good evening, Benjamin Schwartz from Cutchogue. I wonder if maybe you could explain a little, I am a little confused, it says aircraft prohibited and then it talks about helicopters and sea planes and would this legislation impact the smaller type of aircraft, I think they are called ultralights? I think some of them are similar to miniature helicopters. Then there are also drones that are becoming more popular, is there anything in here that would impact drones or does the town have anything in the wings, no pun intended, might impact drones? Actually, many drones are essentially unmanned helicopters and near and dear to my heart are the, although I've never, I windsurf but I don't kite board but I don't think that this would affect kite boards, so if you would speak to the issues of distinctions between what this law regulates and other type of aircraft? Southold Town Regular Board Meeting July 31, 2018 page 71 COUNCILMAN GHOSIO: At the moment our intention is not to regulate drones, so that is not in here and (inaudible) aircraft, we are not addressing that aside from seaplanes, this is helicopters and seaplanes. MR. SCHWARTZ: There's no, I don't see a definition of helicopter in here. COUNCILMAN GHOSIO: Probably because it's fairly self-evident, I would think. MR. SCHWARTZ: As I say, drones are essentially, could be considered helicopters and ultralights, some ultralights. SUPERVISOR RUSSELL: And the FAA considers them drones, if I am not mistaken. MR. SCHWARTZ: No, they don't call them drones, they call them, there's another term they use. But what about ultralight aircraft? COUNCILMAN GHOSIO: As far as I am concerned, we are not addressing ultralights either. it's helicopters and seaplanes. MR. SCHWARTZ: I am having trouble with hearing you, Bob. COUNCILMAN GHOSIO: Ultralights are not part of this package, no. MR. SCHWARTZ: So ultralights are legal in the Town of Southold? TOWN ATTORNEY DUFFY: This is a specific prohibition of two aircraft, if you are not taking off in an area that it is allowed by zoning, I don't think it would be allowed by code. This is specifically prohibiting two types, whereas generally you would have to be in the zoning district where it is allowed. I don't think that ultralights are allowed to land or take off anywhere in the town except maybe the pre-existing, non-conforming use of the airport. MR. SCHWARTZ: Because I see them flying over the beach near my house and also see them flying over the water, some of them are amphibious. I am not sure you would call them a seaplane, I don't think I would but those are not provided for, then. TOWN ATTORNEY DUFFY: No. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? Mr. Lademann? JOHN LADEMANN: The fire departments, when we have a helicopter coming in for a rescue, we have to have a truck standby and a crew. SUPERVISOR RUSSELL: You are excluded. The fire, emergency, public safety is excluded from the code. Anybody else? Southold Town Regular Board Meeting July 31, 2018 page 72 COUNCILWOMAN DOHERTY: A couple of the letters that we got, we had discussion on maybe adding, changing some of the wording. Did we come up with some wording, Bob? COUNCILMAN GHOSIO: What are you referring to? COUNCILWOMAN DOHERTY: To the non-conforming,pre-existing that we've been.... TOWN ATTORNEY DUFFY: Inaudible. COUNCILMAN GHOSIO: That's in there, yes. COUNCILWOMAN DOHERTY: It was put in there? COUNCILMAN GHOSIO: Yes. TOWN ATTORNEY DUFFY: If you are looking at K, aircraft being number one, no person, firm or corporation... COUNCILWOMAN DOHERTY: Okay. TOWN ATTORNEY DUFFY: We did insert except those with prior valid approvals and then on number 3, there was a mistake (inaudible) so if the Board chooses to adopt this (inaudible) adopted as amended. COUNCILWOMAN DOHERTY: Okay. Thanks. SUPERVISOR RUSSELL: Okay. PAUL PAWLOWSKI: Paul Pawlowski with Mattituck Airport. I appreciate you time in this entire matter. The only reason why we would like to have Mattituck specifically mentioned similar to how town owned airfields are mentioned as not only for now but in the future so there's no confusion, I could see us all getting a lot of calls five, ten years from now if one helicopter a week lands there. if someone reads the code, not everyone knows about non- conforming and that's why we asked that in our letter to you, just to specifically mention this airport that has been there for many, many years. Just to reduce the confusion, that's all. Thanks again for your time. Thank you. SUPERVISOR RUSSELL: Thank you. Anybody else on this particular local law? (No response) This public hearing was declared closed at 8:06 PM Southold Town Regular Board Meeting July 31, 2018 page 73 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Would anyone like to comment on any issue? COUNCILMAN DINIZIO: Mr. Deegan would like to speak. SUPERVISOR RUSSELL: Yes,just before we need to get back to have a vote on the helicopter resolution. Just for the person that is taking the minutes, we need the microphone. Nicholas Deegan NICHOLAS DEEGAN: Yes,Nicholas Deegan, Mattituck. I would volunteer for that committee if you choose to do one, on the housing (inaudible) if people could bring their houses up to speed (inaudible) that's something that should be looked at instead of like (inaudible) this is what you have got to do, we should look to help people. So I would like to be on the volunteer committee for that if you put one together. Thank you. COUNCILWOMAN DOHERTY: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Board on any issue? Benja Schwartz BENJAMIN SCHWARTZ: Benjamin Schwartz in Cutchogue. I had some problems over the past week, dealing with certain property that is in between other properties and in between the creek and the north road. This property is the subject right now of two applications, a subdivision and a zoning application. It's a complex matter, the difficulty is aggravated by the method of filing that is employed by the Town Clerk and others in town. I don't know if you can tell me anything about your participation. As Town Board, you are the agency in charge of consideration of changing the zone on this property. There's also an application to subdivide the property before the Planning Board. The Planning Board has assumed the role of lead agency and the Planning Board has held hearings etc. I don't believe the Town Board has considered this issue yet. When I tried to find the file for the Town Board, no one in the supervisor's office knew where the file was. Finally I was informed by the Planning Department that the file was maintained in the Town Clerk's office. When I tried to go through the file and I found that there's a version of the file scanned into laserfiche, there were documents in the physical file that were not in the electronic file, the digital file. I brought that to the attention of the Town Clerk, she assured me it would be looked into and the discrepancy would be remedied. I then asked her if it would be possible to index the pile of documents, so that one might know where one document begins and ends and the next one ends and the next one begins. Her answer was no, I said well, why not? She said it's never been done that way. Well, you know, there was no Southold Town Regular Board Meeting July 31, 2018 page 74 zoning before 1957. There was no digital file before the current town clerk took office, with all due respect it's bad enough in the real world to sort through the documents but when you are trying to do it in a digital file, without even a separator between the documents, that would have been the suggestion I would have made if I was allowed to discuss this but you know, I am not going to take up a lot of time tonight, I have made myself available, I don't know if you remember Supervisor Russell but when you were first elected, I came to meet with you and you sat there scratching your head... SUPERVISOR RUSSELL: Was I scratching my head or pulling my hair out? MR. SCHWARTZ: You were rubbing your eyes and you know, you were not listening. You told me to take my information and go to a department head, which I did. And he took sometime maybe, this was a long time ago, how long have you been in office? SUPERVISOR RUSSELL: One hundred years. MR. SCHWARTZ: One hundred years, well, you know I have been working for over 40 years and I have been working for the government as well as trying to work with it. I think we can do a lot better, I am concerned that the Planning Board has apparently adopted the, well, the staff report, current staff report I haven't seen yet because it wasn't filed on time but the prior staff report to that begins talking about a hearing that was opened in July 2017 and closed in August of 2015. Nobody objected to that. You know, do people even read this stuff? There was a question raised by someone, concerned about the sequencing of these two, this bifurcated application. The applicant came to the town, they, an attorney whose family has been practicing law in this town for generations came to this town and presented one application, where there should have been two and they tried to push one that should have been second in front and the town Planning Department was alerted to this fact and warned about the ramifications of pursuing such a impractical process and took some measures to reorder the process. However, the concerns about sequencing and the process, the answer in the report just said, this issue has been resolved. Well, I talked to members of the Planning staff and I understand now how they resolved it and believe me, it's not been resolved. Now, as the Town Board that has jurisdiction to consider the primary application which is the change of zone, has the Town Board considered this at a meeting yet, has this been on the agenda? SUPERVISOR RUSSELL: We had an application in, a request for a change of zone, we referred it to the Planning Department for a full review and for a feedback to the Town Board but no, that's not been scheduled for a public hearing or anything like that. The Planning Board as a functionary measure you know, declared lead agency on SEQRA and then they are in the process of completing SEQRA. SEQRA does not impact the decision making of this board, other than the fact that it needs to be adopted before this board can move on it. MR. SCHWARTZ: There's some glaring deficiencies in the SEQRA process that has been followed and in the proposals to `complete the SEQRA process'. SUPERVISOR RUSSELL: And as the lead agent, you should bring those issues to... Southold Town Regular Board Meeting, July 31, 2018 page 75 MR. SCHWARTZ: No but you are a, what do they call it, an involved agency. SUPERVISOR RUSSELL: Yes, we are. MR. SCHWARTZ: And with all due respect, your involvement as the primary applicant reviewer of the primary application for the change of zone, your involvement should be not only in deciding on the change of zone but it should be in monitoring and being aware of... SUPERVISOR RUSSELL: I disagree 100 percent. MR. SCHWARTZ: ...commenting during the SEQRA process. SUPERVISOR RUSSELL: I am sorry, I disagree. We'll go into that in a second. I will let you speak. MR. SCHWARTZ: Essentially right now the SEQRA process is proposed to be short circuited by a determination that an environmental impact is not necessary, let me assure you that this property that I call the Mattituck middle land because it is in between one of the most important natural environments and assets of the Town of Southold, Mattituck creek and the infrastructure of the North Road which is a treasure that the south fork is envious of every day and then on the other side of it there are businesses and there are residences, though this particular property which was split zoned many years ago and is now in the process of subdividing and changing the zone is a critical property and it shouldnot be approved based on just, well we have to give the owner everything that we can... SUPERVISOR RUSSELL: The Town Board has made no decision on this, so that's the problem. If you have a problem with the SEQRA process, you bring it up with the Planning Board. Ultimately everything that you suggest tonight, all of your comments, they would be fitting for the public hearing that this Town Board would have to have before it can take action on the (inaudible) MR. SCHWARTZ: Part of the SEQRA process is to request comments from involved agencies. Did the Town Board submit a comment? SUPERVISOR RUSSELL: To suggest'that the Town Board should be involved in the SEQRA process is absolutely inappropriate and here is why, the Town Board has to sit as an independent decision maker on the change of zone. To suggest that we should be involved guiding the SEQRA process is to presume that we could have literally a pre-determined result on that vote and that is not what a Town Board's role should be in a change of zone. We should be at an arms-length and then review all the facts at a public setting, after public hearing, publicly disclosed and make our votes based on that. Not based on working behind the scenes... MR. SCHWARTZ: Instead what you are doing is hiding your head in the sand when the public hearings are proceeding. You are not playing the role that you should be playing as an involved Southold Town Regular Board Meeting July 31, 2018 page 76 agency. Not as a member of the public. You have a more significant role to play than for example I do. SUPERVISOR RUSSELL: Our significant role comes (inaudible). MR. SCHWARTZ: Your silence is deafening. SUPERVISOR RUSSELL: No, well, it's supposed to be. Our role comes at the conclusion of the SEQRA process and the recommendations coming to the Town Board. That's when we schedule our public hearings, that's when all of our decision making would be based on the public record that is submitted, including the Planning Board, the Planning staff, that's all part of the public record that needs to be considered in a public hearing. You do not want Town Board legislators mingling in the affairs of the SEQRA process behind the scenes. That is how you influence applications in an inappropriate way. Whether it's to kill them, whether it's to support them,to suggest that.... MR. SCHWARTZ: Nobody suggested that... SUPERVISOR RUSSELL: That's transparency. MR. SCHWARTZ: Are you suggesting that the Planning Board is interfering, the Planning Board is the lead agency, they are in charge of the SEQRA process and yet they will be the decision maker on the subdivision application. In the same way the Town Board could be involved at least in the SEQRA process, if not as the lead agency, the Town Board could easily and may very well have missed the boat when it failed to challenge the Planning Board for lead agency. Referral of the change of zone to the Planning Department is one thing, has this Town Board also referred the change of zone to the Planning Board which is a frequently measure that Town Boards will take when changing zoning. I don't know if that's happened yet? SUPERVISOR RUSSELL: Yes, that's exactly what happened. MR. SCHWARTZ: To the Planning Board or the Planning Department? SUPERVISOR RUSSELL: To the Planning Department however, it's the Planning Board that makes the decision. The Town Board certainly referred the change of zone. Let me tell you, Benja, this is something you have advocated time and time again, everything should be looked at globally, it should not be segmented. We sent the entirety to the Planning Board so they can view it in its global and not ,segment the review. Which you have advocated against segmentation. MR. SCHWARTZ: In the SEQRA process so far they have been considering the subdivision and not the change of zone but the problem with this application is not unique to this application. The problem goes a lot deeper, I have spoken about it before and you just don't seem to be able to understand, there should be a different role, legally the Planning Department is one entity, the Planning Board is another. They have different organization, they should have separate files... Southold Town Regular Board Meeting July 31, 2018 page 77 SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: And yet the system which I don't know if it was set up by the Town Clerk's office or by the Town Board but is certainly, you have concurrent jurisdiction over how the laserfiche system is used and yet you don't seem to understand it. you don't seem to understand how you can link from the town website, say the Planning, well, the Town Board doesn't even have anything on the laserfiche but if you want a link from the webpage, let's say the Land Preservation Committee shouldn't be linking to the top level of the town records on the laserfiche, you should be linking straight to the folder for the Land Preservation Committee. I mean if people wanted to go from this building to the town annex, you wouldn't make them go to Riverhead first. But that is what is happening digitally. SUPERVISOR RUSSELL: We appreciate that, thank you. MR. SCHWARTZ: I can help you if you need help, you don't have a web designer here. I have made the suggestions before, I have submitted the suggestions in writing before, they've been ignored. And yet, this continues to impact us and it will impact us forever. As soon as that SEQRA determination is made which the proposal right now is as long as they put in sewage treatment instead of just plain old sewage disposal,then we are going to let them develop, we are going to say there's no possible environmental impact from putting three houses on one of the most environmentally sensitive places in the Town of Southold, yes, there are houses up and down Mattituck creek but we are talking about the top of the creek. Nobody ever put houses there because it was undesirable. It's not only undesirable but it is, excuse me, what do you want to say? SUPERVISOR RUSSELL: I am just saying, you are arguing on the merits of the subdivision, I appreciate that but that's something to present to the Planning Board. We will be.... MR. SCHWARTZ: No, I am arguing to you as an involved agency that you could communicate with the lead agency and request that certain environmental issues be considered in the SEQRA process. Not that there be a finding that Benja's right and this is environmentally sensitive but there be a consideration of the possibility of maybe we need to look at the subdivision of these properties which essentially gives the owner at that point, there could be three owners and they could all walk into the Building Department, get building permits without any further ado. The proposals that are made to require sewage treatment and to limit the potential activities on the property are unenforceable and ineffective. Would be unenforceable and ineffective and if you don't and if people don't stand up now and do something now, it is going to be too late. You could do it tomorrow, you could ask the Town Clerk to separate the files of the Planning Board and the Planning Department. That would take a big step towards cleaning up the mess that we call planning in the Town of Southold. Once last thought and then I will say goodnight unless you want to continue the discussion but one of the elements of a environmental quality review which now they are saying we are not going to need one, one of the elements which is required if one is conducted is a consideration of preservation of the property. This issue was raised in the scoping process to determine whether or not an environmental review was required and the Planning Department proposed that the Planning Board answer this question we don't know. We Southold Town Regular Board Meeting July 31, 2018 page 78 don't know. Maybe we don't care but there is a town Land Preservation Department that might consider not only preserving farmland but preserving environmentally sensitive land which also happens to be very close to the Love Lane business district and between that New York State, is it the New York State anchorage area... SUPERVISOR RUSSELL: Federal. MR. SCHWARTZ: Federal anchorage area. There's a lot of federal money in there and the whole area needs to be more closely observed, understood and managed and regulated. I could go into other examples at the mouth of the creek not just the head of the creek but please, you know, you were elected, you are being paid. Don't wait until it's too late. Let's put zoning before development of applications for subdivisions and what follows subdivisions is applications for building but right now we are being asked to subdivide and rezone this without knowing what is going to go in there. And it's very scary. We have a situation that's already, there's already some serious problems with pollution up there and some of them have been addressed. To give credit where credit is due, the town has invested in the boat ramp which is not too far from that area but the other part of the creek, the head of the creek, that is the most important environmentally. Please just don't let it get... Supervisor Russell SUPERVISOR RUSSELL: Thank you. Anybody else? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at_9:43 P.M. Q Eliz th A. Neville Sout old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell