The URL can be used to link to this page

Home My WebLink AboutTB-10/23/2018 ELIZABETH A.NEVILLE OS13FF04 Town Hall, 53095 Main Road', TOWN CLERK ao� oozy PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�01 �ao� Telephone: (631)765 - 1800' RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD, REGULAR MEETING October 23, 2018 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, October 23, 2018 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on October 23, 2018 at Meeting Hall, 53095 Route 25, l Southold,NY. Attendee Name Organization Title _ Status Arrived James Dinizio Jr Town of.Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Present 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 Town Attorney Present 1. Reports 1. Trustees Monthly Report 2. Land Tracking Report II. Public Notices 1. 2018-19 Scallop Season III. Communications IV. Discussion 1. EXECUTIVE SESSION - Proposed Acquisition(s), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof of Southold Town Regular Board Meeting October 23, 2018 page 2 2. OPEN SESSION - 9:30 AM -Jim Harmon and Teresa McCaskie 3. Transportation Commission Recommendation 4. 9:45 AM- Kristie Hansen-Hightower 5. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(s) 6. Code Enforcement-Town of Southold V. Vineyards 48 Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise for the Pledge to the Flag. Thank you. I am quite sure that some of you are here tonight to address the Town Board on a particular local law. Before we get to that, I am going to ask anyone if they want to comment on any of the regular agenda items? (No.response) Well, we will get the agenda done and then we will get to the public hearing. V. Resolutions 2018-895 CATEGORY.• Audit DEPAREVENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 23, 2018. ✓Vote Record-Resolution RES-2018-895 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn .lames Dm¢io Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Page 2 Southold Town Regular Board Meeting October 23, 2018 page 3 2018-896 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, Wednesday,November 7, 2018 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:00 P. M.. ✓Vote Record-Resolution RES-2018-896 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ Y ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-897 CATEGORY: Attend Seminar DEPARTMENT.• Town Attorney Attend Annual Gang Seminar-Baylinson RESOLVED that the Town Board of the Town of Southold hereby grants permission to Ordinance Inspector Lester Baylinson to attend The Suffolk County Sheriff's 12th Annual Gang Seminar on October 25, 2018 at the Radisson Hotel Long Island in Hauppauge,New York. This is at no cost for the Town. ✓Vote Record-Resolution RES-2018-897 0 Adopted f Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Mover D ❑ O ❑ ❑ Defeated William P Roland Voter D ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder, 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Louisa P Evans Voter 0 El El ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Page 3 Southold Town Regular Board Meeting October 23, 2018 page 4 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-898 CATEGORY.• Budget Modification DEPARTMENT.T. Human Resource Center 2018 Budget Modification-HRC Financial Impact: To reclassify funds into accounts with shortfalls. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: Appropriations: Programs for the Aging A.6772.4.100.700 Contractual Expense Food $2,300.00 Total $2,300.00 To: Appropriations: Programs for the Aging A.6772.4.100.110 Contractual Expense Program Supplies &Materials $1,000.00 A.6772.4.100.150 Contractual Expense Disposables 1,200.00 A.6772.4.600.400 Miscellaneous Postage 100.00 Total $2,300.00 ✓Vote Record-Resolution RES-2018-898 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmtzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Lill Doherty Mover D 11 El El Robert Appt ❑ Tax Receiver's Appt Robert Ghosio Voter 0 El ❑ ❑ Rescinded Louisa P Evans Voter 0 El El ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Page 4 Southold Town Regular Board Meeting October 23, 2018 page 5 ❑ Lost 2018-899 CATEGORY. Close/Use Town Roads DEPARTMENT: Town Clerk Mattituck Lions Club Halloween Parade Financial Impact:Police Department Cost Analysis: $106.42 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following roads for its Annual Halloween Parade in Mattituck, on Wednesday, October 31, 2018 beginning at 6:00 PM: beginning at the Firehouse, west on Pike Street, south on Westphalia Road, east on Old Sound Avenue, north on Love Lane, east on Pike Street to Mattituck High School,provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2018-899 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye J No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizi'o Jr Voter D ❑ 11 El Supervisor's Appt William P Ruland Mover 0 El El ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter [a ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter z ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-900 CATEGORY: Close/Use Town Roads DEP.4RTffEjN7: Town Clerk Oysterponds Halloween Parade Financial Impact:Police Department cost for the event =$ RESOLVED that the Town Board of the Town of Southold hereby grants a police escort and permission to Oysterponds U.F.S.D to use the following route: Oysterponds Elementary School to Village Lane to Orchard Street to Tabor Road and back to Oysterponds School, for its Annual Halloween Parade in Orient on Wednesday, October 31, 2018 beginning at 2:00 PM, provided Page 5 Southold Town Regular Board Meeting October 23, 2018 page 6 they closely adhere to the all the conditions of the Town's Policy for Special Events on Town Properties. All fees shall be waived with the exception of the Clean-Up Deposit. ✓Vote Record-Resolution RES-2018-900 0 Adopted ❑ Adopted as Amended ❑ Defeated ------ El Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty 'Voter 0 11 ❑ ❑ 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 2018-901 CATEGORY- Close/Use Town Roads DEPART[E_NT: Town Clerk Southold PTA Halloween Parade Financial hnpact: Cost Analysis$306.22 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold PTA to use the following roads for its Annual Halloween Parade in Southold, on Saturday, October 27, 2018 at 11:00 AM: beginning at the Firehouse, west on Route 25, South on Oaklawn Avenue ending at the Southold Elementary School provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the�exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2018-901 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ 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 ❑ Lost- , Page 6 Southold Town Regular Board Meeting October 23, 2018 page 7 2018-902 CATEGORY: Budget Modification DEPARTMENT.• Police Dept 2018 Budget Modification-Police Department Financial Impact:Reallocation of budgetary funds for payment of annual audio log maintenance fee RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.3620.4.100.550 Pub Safety Comm, CE/Equip Parts & Supplies $2,650 Total $2,650 To: A.3020.4.400.600 Pub Safety Comm/CE/Equip Maint&Repairs $2,650 Total $2,650 ✓Vote Record-Resolution RES-2018-902 0 Adopted ❑ Adopted as Amended ❑ Defeated --- ~- --� yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 j ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-903 CATEGORY: Special Events DEPARTITIE,�'T. Town Clerk Tree Lighting Ceremony-East End Hospice RESOLVED that the Town Board of the Town of Southold hereby grants permission to East End Hospice to hold its East End Hospice Tree of Lights on the Cutchogue Village Green on December 2, 2018 from 2:00 PM to 3:30 PM, provided they adhere to the Town of Southold Page 7 Southold Town Regular Board Meeting October 23, 2018 page 8 Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2018-903 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 Seconder D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter EJ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-904 CATEGORY.• Authorize to Bid DEPARTMENT. Public Works Advertise for Sale Brush Hog RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the sale of a used Brush Hog, in "as is" condition. ✓Vote Record-Resolution RES-2018-904 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 Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ RescindedRobert Ghosio Voter 0 ❑ 11 El ❑ Town Clerk's Appt Louisa P Evans Seconder' 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-905 CATEGORY: Close/Use Town Roads DEPA RTAIEIN'T: Town Clerk Page 8 Southold Town Regular Board Meeting October 23, 2018 page 9 Southold Athletic Assoc. 5K Financial Impact:Police Department Cost for Event =$503.22 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School District to use certain roads for a 5K race in Southold,New York on November 3, 2018, start time 9:00 AM, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Fees for this event have been waived with the exception of the Clean-up deposit. ✓Vote Record-Resolution RES-2018-905 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ El ❑ 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 2018-906 CATEGORY: Fmla DEPARTITENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee#7047 effective September 19, 2018 pursuant to the Family Medical Leave Act. ✓Vote Record-Resolution RES-2018-906 0 Adopted Yes/Aye No/Nay Abstain Absent El Adopted as Amended James Dimzio Ir Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn till Doherty Voter 0 El ❑ ❑ Supervisor's Appt Robert Gliosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Page 9 Southold Town Regular Board Meeting October 23, 2018 page 10 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-907 CATEGORY. Refund DEPARTMENT: Justice Court O'Malley Court Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to James O'Malley from the Town of Southold in the amount of Seven Hundred and Fifty 00/xx ($750.00) Dollars in connection with the payment of a Court fine dated May 16, 2018 in Southold Justice, Court, as the court matter was ultimately dismissed. ✓Vote Record-Resolution RES-2018-907 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 2018-908 CATEGORY.• Refund DEPART ANENT: Planning Board Refund Unused Consulting Fees RESOLVED, that unused consulting fees paid to the Town in connection with the wireless consulting review of T-Mobile at Orient Fire District, SCTM#1000-18-5-13.8, totaling $4,500.00, be refunded to the applicant's agent: Highlander Consultants. ✓Vote Record-Resolution RES-2018-908 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ Page 10 Southold Town Regular Board Meeting October 23, 2018 page 11 ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-909 CATEGORY: Budget Modification DEPARTMENT.- Planning Board 2018 Budget Modification -Planning Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Part-Town budget as follows: From: B.8020.1.300.100 Seasonal Employees, Regular Earnings $ 2,850.00 Total $ 2,850.00 To: B.8020.4.600.300 Misc., Travel Reimbursement $2,640.00 B.8020.2.100.300 Furniture, Desks & Chairs $ 210.00 Total $2,850.00 ✓Vote Record-Resolution RES-2018-909 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 Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter C] ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Page 11 Southold Town Regular Board Meeting October 23, 2018 page 12 2018-910 CATEGORY.• Attend Seminar DEPARTMENT.- Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Harned to attend Taser Instructor Re Certification Training in East Hampton on November 13, 2018. All expenses for registration to be a legal charge to the 2018 budget line A.3120.4.600.200 ✓Vote Record-Resolution RES-2018-910 2 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James D 11 Withdrawn m¢io Jr Voter ❑ El ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 El ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter p ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-911 CATEGORY.• Budget Modification DEPARTMENT. Police Dept 2018 Budget Modification-Police Department Financial Impact:Reallocation of budgetary fiords for anticipated PD training reimbursements RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From A.3120.4.600.200 Police, CE/Misc/PO Training $1,500 Total $1,500 To: A.3120.4.600.225 Police, CE/Misc/Meetings & Seminars $1,500 Total $1,500 Page 12 Southold Town Regular Board Meeting October 23, 2018 page 13 ✓Vote Record-Resolution RES-2018-911 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ El El ❑ Supervisor's Appt Wdham P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-912 CATEGORY: Contracts,Lease&Agreements DEPARTMENT. Town Attorney Sub-Lease Agreement-SCRPTSA, Ducks Unlimited RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sub-License Agreement between the Town of Southold,the Suffolk County Real Property Tax Service Agency, and Ducks Unlimited, regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-912 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 2018-913 CATEGORY.• Legal Page 13 Southold Town Regular Board Meeting October 23, 2018 page 14 DEPARTMENT. Town Attorney Claim -Haas RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of One Hundred Ninety One Dollars and 99 Cents ($191.99) to Brian Haas for property damage stemming from an incident on August 30, 2018, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-913 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay _ Abstain Absent ❑ Withdrawn ❑ Tabled _ _ _ James Dinizio Jr Voter lZ 11 [1 ❑ ❑ Supervisor's Appt William P Ruland Seconder lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter d ❑ ❑ El ❑ Town Clerk's Appt Louisa P Evans Voter 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Z ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-914 CATEGORY• Contracts,Lease&Agreements DEPARTMENT. Recreation Fall 2018 Recreation Program Instructor RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual for the Fall 2018 Recreation Program, all in accordance with the approval of the Town Attorney. Funding for the instructor listed below has been budgeted for in the Recreation Department's 2018 instructor line A7020.4.500.420. Antoinette Cassidy (Special Rec for Individuals with Special Needs)..................... $30/hour ✓Vote Record-Resolution RES-2018-914 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ,Tames Dmizio Jr Voter li ❑ ❑ ❑ ❑ Defeated ❑ Tabled William P Ruland Mover Z ❑ ❑ ❑ ❑ Withdrawn Lill Doherty Voter 0 ❑ ❑ El ❑ Supervisor's Appt Robert Ghosio Voter lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder Rl ❑ ❑ ❑ ❑ RescindedScott A Russell Voter 0 ❑ El ElTown Clerk's Appt Page 14 Southold Town Regular Board Meeting October 23, 2018 page 15 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-915 CATEGORY: Landfill Misc. DEPART'ilENT.• Solid Waste Management District Fall "Cleanup"Brush Disposal RESOLVED that the normal tip fees for brush disposal at the Cutchogue Compost Facility shall be waived for residential vehicles, and reduced to $30/ton for commercial vehicles, for the period November 1 -November 30, 2018; and be it further RESOLVED that for the purposes of this resolution, residential vehicles shall be defined as any vehicle with a resident disposal permit issued by the Town Clerk of the Town of Southold carrying less than one ton of debris (including trailers), or for vehicles without a permit, any vehicle carrying less than one ton (including trailers); and that commercial vehicles shall be defined as any vehicle with a commercial disposal permit issued by the Town Clerk of the Town of Southold, or for vehicles without a permit, any vehicle with a carrying capacity of one ton or greater; and be it further RESOLVED that the tip fee waiver/reduction described herein shall not apply to stumps of any type; and that it applies to the charge for the weight of the debris ONLY, and not to single entry fees for vehicles without permits, which will still be charged as appropriate. ✓Vote Record-Resolution RES-2018-915 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn .lames Dtmzio Jr Voter RI ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover [ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter EI ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-916 Page 15 Southold Town Regular Board Meeting October 23, 2018 page 16 CATEGORY. Budget Modification DEPARTUENT: Accounting 2018 Budget Modification-Planning Financial Impact:Increase expense and corresponding revenue lines for additional wireless consultant projects RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Part Town budget as follows: Increase: B.2115.40 Planning Board Fee, Wireless Consultant Reimb $16,500 Total $16,500 Increase• B.8020.4.500.350 Planning, Wireless Consultants $16,500 Total $16,500 ✓Vote Record-Resolution RES-2018-916 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 10 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder CSI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-917 CATEGORY. Attend Seminar DEPARTMEt T- Assessors Attend Seminar-Assessors RESOLVED that the Town Board of the Town of Southold hereby authorizes Assessors Kevin Webster and Charles Sanders to attend an Ethics & the Assessor Seminar on November 28, 2018. at the Riverhead Town Hall. Expenses for registration to be a charge to the Assessors 2018 budget. ✓Vote Record-Resolution RES-2018-917 0 Adopted Yes/Aye No/Nay Abstain Absent Page 16 Southold Town Regular Board Meeting October 23, 2018 page 17 ❑ Adopted as Amended James Dmizio Jr Mover R1 ❑ ❑ ❑ ❑ Defeated William P.Ruland : Seconder 17 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter El ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 21 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter 21 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hawys Appt ❑ No Action ❑ Lost 2018-918 CATEGORY. Refund DEPARTMENT. Building Department Refund Electrical Inspection Fee-Nagle RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$90.00 .to Richard Nagle, 4785 Stillwater Avenue, Cutchogue,NY 11935 for double payment of an electrical inspection. ✓Vote Record-Resolution RES-2018-918 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ 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 lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 121 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-919 CATEGORY. Close/Use Town Roads DEPART.WENT.• Town Clerk Pack 39- Cubmobile Race Page 17 Southold Town Regular Board Meeting October 23, 2018 page 18 RESOLVED that the Town Board of the Town of Southold hereby granted permission to Pack 39 Cub Scouts to hold its annual Cubmobile Soapbox Derby Race on October 20, 2018 from 8:OOAM to 12:00 PM on the North side of Eastside Avenue, Mattituck, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event are waived. ✓Vote Record-Resolution RES-2018-919 0 Adopted ❑ Adopted as Amended ❑ Defeated ' ❑ Tabled Yes/Aye No Abstain Absent El Withdrawn James Dmizio Jr Voter 0 ❑ El11 ❑ 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 2018-920 CATEGORY Y. Contracts,Lease&Agreements DEPARTMENT. Town Attorney Concrete Plus Extension RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an extension Agreement with Concrete Plus, Inc. in connection with the concrete curbing and stairs at the Southold Human Resource Center to November 30, 2018, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-920 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Voter 0 El El 1j ❑ Supervisor's Appt William P Ruland Voter D ❑ ❑ ❑ ❑ 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 Page 18 Southold Town Regular Board Meeting October 23, 2018 page 19 2018-921 CATEGORY: Budget Modification DEPARTMENT• Accounting 2018 Budget Modification-Police Financial Impact:Move funds for purchase of garage equipment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.3120.4.400.650 Police, Vehicle Maint & Repair $8,000 Total $8,000 To: A.3120.2.500.125 Other Equipment $8,000 Total $8,000 Increase• A.2705.40 Gifts and Donations $2,000 Total $2,000 Increase• A.3120.2.500.125 Other Equipment $2,000 Total $2,000 ✓Vote Record-Resolution RES-2018-921 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ El Withdrawn James Dmizio Jr Voter El ❑ 13 ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter z ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 23 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-922 CATEGORY: Budget Modification DEP.AR IMEA'T: Town Attorney Page 19 Southold Town Regular Board Meeting October 23, 2018 page 20 2018 Budget Modification- Town Attorney Financial Impact: Transfer to Overtime line RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2018 budget as follows: FROM: A.1420.1.200.100 Town Attorney, P.S. Part-Time Regular Earnings $10,000.00 Total $10,000.00 TO: A.1420.1.100.200 Town Attorney, P.S. Overtime Earnings $10,000.00 Total $10,000.00 ✓Vote Record-Resolution RES-2018-922 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -- - - - --- - ----- ❑ Withdrawn James Dmizio Jr Mover ❑ 11 11 ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ID ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-923 CATEGORY.• Budget Modification - DEPART1VfE_NT.• Town Attorney 2018 Budget Modification- Town Attorney Financial Impact: to cover over-expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2018 budget as follows: FROM: B.1420.4.500.200 Town Attorney, C.E Legal Counsel $25,242 Total $25,242 TO: Page 20 Southold Town Regular Board Meeting October 23, 2018 page 21 B.1420.1.100.400 Town Attorney, P.S. Sick Earnings $11,464 B.1420.1.100.300 Town Attorney, P.S. Vacation Earnings $ 8,778 B.1420.1.100.200 Town Attorney, P.S. Overtime Earnings $ 5,000 Total $25,242 ✓Vote Record-Resolution RES-2018-923 2 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover El ❑ i ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter EI ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-924 CATF,GORY.• Bid Acceptance DEPARTMENT.• Town Clerk Accept Bid for Milk RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Arshamomaque Dairy Farm, Inc. to supply the Senior Nutrition Prolzrams with milk at a rate of.39¢ per ''/z pint and $4.35 per gallon for the calendar year 2019, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2018-924 Q Adopted ❑ Adopted as Amended ❑ Defeated - - - -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter ID ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 21 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Page 21 Southold Town Regular Board Meeting October 23, 2018 page 22 2018-925 CATEGORY. Equipment DEPARTMENT: Highway Department Transfer Equipment-Highway to DPW RESOLVED that the Town Board of the Town of Southold hereby transfers Asset#2332, a 1998 Stone Cement Mixer ID# 0698200 & # 140 1985 Case Mower Tractor from the Highway Department to the Department of Public works effective immediately. ✓Vote Record-Resolution RES-2018-925 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 D ❑ ❑ ❑ ❑ 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 2018-926 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Freebird Productions 10/3/18 250.00 Att: Jess Jobst Page 22 Southold Town Regular Board Meeting October 23, 2018 page 23 1 Main Street, 7A Brooklyn,NY 11201 Cutchogue New Suffolk Historical Society 8/13/18 250.00 Zeth Studenroth PO Box 714 Cutchogue,NY 11935 Mattituck Chamber of Commerce 2/28/18 250.00 David Perrin PO Box 1056 Mattituck,NY 11952 ✓Vote Record-Resolution RES-2018-926 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James DInizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-927 CATEGORY: Surplus Equipment DEPARTMENT.- Human Resource Center Decommissioning HRC Fleet SCOFA Vehicle N-9 RESOLVED that the Town Board of the Town of Southold hereby decommissions the following HRC fleet SCOFA vehicle: 2005 Ford Phoenix E-450 14 Passenger Bus—VIN# 1FDXE45S35HA76740 Asset#3374 Be it further RESOLVED that the Town Board authorizes the vehicle be returned to the Suffolk County Department of Public Works facility in Yaphank upon notification from Suffolk County Office for the Aging. ✓Vote Record-Resolution RES-2018-927 El Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Mover Q ❑ ❑ ❑ Page 23 Southold Town Regular Board Meeting October 23, 2018 page 24 ❑ Tabled William P Roland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Till Doherty Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑•No Action ❑ Lost 2018-928 CATEGORY. Budget Modification DEPARTMENT. Town Clerk 2018 Budget Modification-Copy Paper Financial Impact: To cover copy paper order RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund, Whole Town budget as follows: From: A.1670.4.600.400 Central Copying $2,500.00 Postage To: A.1670.4.100.100 Central Copying $2,500.00 Copy Machine Paper ✓Vote Record-Resolution RES-2018-928 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .. lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt I-Igwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-929 Page 24 Southold Town Regular Board Meeting October 23, 2018 page 25 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2018 Budget Modification-Police Department Financial Impact:Reallocation of budgetary funds to cover an over expended line and for the purchase of boat canvas RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From A.3130.2.400.300 Bay Constable/Equip/Other Equip/Dry Suits/Dive Equip $944 A.3130.2.400.400 Bay Constable/Equip/Other Equip/Buoys $108 A.3130.2.500.200 Bay Constable/Equip/Other Equip/Radio Equip $1,000 A.3130.4.100.500 Bay Constable/CE/Supplies & Materials/Equip Parts & Supp $500 Total $2,552 To: A.3130.4.400.650 Bay Constable/CE/Contracted Serv/Veh Maint &Repairs $2,552 Total $2,552 ✓Vote Record-Resolution RES-2018-929 R1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ - --------- - - - - - ❑ Withdrawn James Dmizio Jr Voter ❑ El El ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter R1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 21 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter j lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-930 CATEGORY: Budget Modification DEPARTMENT: Public Works 2018 Budget Modification-DPW Financial Impact: To cover maintenance on Annex mechanicals. New building was acquired in July 2018. New building was not in our inventory when 2018 budget was adopted. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Public Works budget as follows: Page 25 Southold Town Regular Board Meeting October 23, 2018 page 26 From: A.1620.4.400.700 Building Rentals $10,000.00 Total $10,000.00 To: A.1620.4.400.600 Equipment Maintenance & Repair $10,000.00 Total $10,000.00 ✓Vote Record-Resolution RES-2018-930 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ; _ Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-931 CATEGORY. Attend Seminar DEPARTMENT: Recreation Attend Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Recreation Supervisor Janet Douglass to attend the Recreation Directors Roundtable meeting on October 26, 2018 at Chili's in Holtsville, New York. All expenses for registration and travel to be a legal charge to the 2018 Recreation Department budget, meetings and seminars, A.7020.4.600.200. ✓Vote Record-Resolution IIES-2018-931 Q Adopted — ------ -- --- ❑ Adopted as Amended Yes/Aye No/N'ay Abstain Absent ❑ Defeated James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Tabled William P Roland Voter Q ❑ ❑ ❑ ❑ Withdrawn .till Doherty Voter j Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Page 26 Southold Town Regular Board Meeting October 23, 2018 page 27 ❑ No Action ❑ Lost 2018-932 CATEGORY- Budget Modification DEPART/IIENT: Recreation 2018 Budget Modification -Beaches Financial hnpact: To cover the overage of the beach parking passes. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund, Whole Town budget as follows: From: A.7180.1.300.100 Seasonal Regular Earnings $850.00 Total $850.00 To: A.7180.4.100.150 Permits/Permit Applications $850.00 Total $850.00 ✓Vote Record-Resolution RES-2018-932 M Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover M ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder M ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter M ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter M ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter M ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Cl ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-933 CATEGORY: Bond DEPARTMENT. Town Attorney Release Pei formance Bond- Cutchogue Business Center Page 27 Southold Town Regular Board Meeting October 23, 2018 page 28 RESOLVED, that the Town Board of the Town of Southold hereby approves, upon the recommendation of the Southold Town Planning Board, the release of the performance bond for Cutchogue Business Center (F&S, LLC) Standard Subdivision SCTM# 1000-83-3-4.6 the amount of$189,825.00, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-933 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ElTabledawn James Dmizio Jr Voter lZ El 11 11 ❑ Supervisor's Appt William P.Ruland Seconder 0 El El El ❑ Tax Receiver's Appt Jill Doherty i Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 171 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-934 C4TEGORY.• Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 10/19/18 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated October 19, 2018, as follows: FIFD resolution # Regarding 2018 - 191 Budget Modification 2018 - 194 Service Agreement ✓Vote Record-Resolution RES-2018-934 Z Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr i Voter Q ❑ ❑ ❑ ❑ Withdrawn William P Ruland Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder 121 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Page 28 Southold Town Regular Board Meeting October 23, 2018 page 29 2018-935 CATEGORK Property Acquisition Purchase DEPARTU NT. Land Preservation Execute Pindar Vineyards Correction Easement WHEREAS, on October 20, 2016, Pindar Vineyards LLC and the Town of Southold executed a Grant of Development Rights Easement for the sale and purchase of a development rights for part of 43295 County Road 48 (The "Property"), identified as#1000-59.-3-28.7 on the Suffolk County Tax Map; and WHEREAS, the Easement contained a scrivener's error in Section 3.03; and WHEREAS,the Town wishes to correct the error; now, therefore, be it RESOLVED,that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to sign any and all documents necessary to correct the scrivener's error for the property, includinjZ a Correction Grant of Development Rights Easement and any required recording documents which shall be recorded at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-935 El Adopted ❑ Adopted as Amended ❑ Defeated yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 13 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-936 CATEGORY: Employment-Town DEPAR Tt1IENT. Accounting Appoint Diana Whitecavage Full Time Senior Account Clerk Typist Page 29 Southold Town Regular Board Meeting October 23, 2018 page 30 RESOLVED that the Town Board of the Town of Southold hereby appoints Diana V. Whitecavage to the position of a full-time Senior Account Clerk Typist for the Accounting & Finance Department, effective October 25, 2018, at a rate of$61,468.56 per year. ✓Vote Record-Resolution RES-2018-936 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 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgvvys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-937 CATEGORY: Budget Modification DEPARTMENT. Accounting 2018 Budget Modification-Insurance Reimbursement Financial Impact: To increase building repair budget for costs reimbursable by insurance RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: Increase: A.2680.00 Insurance Recoveries $131,650 Total $131,650 Increase• A.1620.4.400.100 DPW, Building Maint/Repairs $131,650 Total $131,650 ✓Vote Record-Resolution RES-2018-937 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled El Withdrawn Jill Doherty Voter 0 ❑ ❑ El ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ RescindedScott A Russell Voter 0 ❑ El ❑ Town Clerk's Appt Page 30 Southold Town Regular Board Meeting October 23, 2018 page 31 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-938 CATEGORY.• Employment-Town DEPARTMENT: Accounting Appoint Edward JMichaelis Jr. Heavy Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Edward J. Michaelis Jr. to the position of a Heavy Equipment Operator for the Highway Department, effective October 25, 2018, at a rate of$26.9321 per hour. ✓Vote Record-Resolution RES-2018-938 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-939 CATEGORY• Contracts,Lease &Agreements DEPART,UENT.• Town Attorney Belfor Long Island, LLC Contract RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the execution of a contract with Belfor Long Island, LLC, dated July 24, 2018, for the repairs to the Southold Highway Department building pursuant to GML§103(4). ✓Vote Record-Resolution RES-2018-939 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 0 ❑ ❑ ❑ Page 31 Southold Town Regular Board Meeting October 23, 2018 page 32 ❑ Tabled Jill Doherty Voter 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 2018-940 CATEGORY: Grants DEPARTMENT: Town Attorney AAA Transportation Program Funding RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for the Town to receive funding under the AAA Transportation Program, IFMS No. 00000009302 - 001-6806-4980-95294, not to exceed $9,018.00 for the period April 1, 2018 through March 31, 2019 (with one extension at the County's option), subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-940 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 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 2018-941 CATEGORY.• Public Service ,f)EPARTIVENT. Highway Department 2018 Fall Clean-Up Page 32 Southold Town Regular Board Meeting October 23, 2018 page 33 RESOLVED by the Town Board of the Town of Southold that the Highway Department Fall CLEANUP is limited to LEAVES ONLY (which are to be placed in biodegradable brown paper bags) and will commence on Monday,November 19, 2018, at LAUREL and end in ORIENT POINT; be it further RESOLVED that, during the 2018 Fall Cleanup, neither BRUSH nor BRANCHES will be removed. Therefore, they should NOT be placed in the Town right-of-way until after the Spring cleanup is announced; be it further RESOLVED that the Fishers Island Fall Cleanup will also commence on Monday,November 19, 2018. ✓Vote Record-Resolution RES-2018-941 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 11 Withdrawn ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover CEJ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-942 CATEGORY. Misc. Public Hearing DEPAREVENT: Town Clerk Adopt Preliminary Budget&Set PH 11/7 4:00 Pm & 7:00 P777- 2019 Budget Hearings RESOLVED that the Town Board of the Town of Southold does hereby prepare and approve as the Preliminary Budget of the Town of Southold for the fiscal year beginning on the 1St day of January 2019, the itemized statement of estimated revenues and expenditures hereby attached and made part of this resolution, and be it FURTHER RESOLVED that this Town board shall meet at 4:00 PM, Wednesday, on the 7th of November, 2018, at the Southold Town Hall for the purpose of holding a public hearing on the 2019 Preliminary Budget, and after all persons attending said hearing shall have had an opportunity to be heard in favor or against the 2019 Preliminary Budget as compiled, or for or against any item and items therein contained, that said hearing be then recessed and thereafter convened at 7:00 PM on said day for the same purpose; and be it FURTHER RESOLVED that the Preliminary Budget will be available for viewing on the Page 33 Southold Town Regular Board Meeting October 23, 2018 page 34 Southold Town official website: www.southoldtownny.gov, and be it FURTHER RESOLVED that the Town Clerk shall give notice of such hearings in the manner provided for in Section 108 of the Town Law and that such notice be published in substantially the following form: NOTICE OF PUBLIC HEARING ON THE 2019 PRELIMINARY BUDGET AND 2019 PRELIMINARY CAPITAL BUDGET NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County,New York for the fiscal year beginning on January 1, 2019 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold,New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will meet and review said 2019 Preliminary Budget and 2019 Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold,New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Wednesday,November 7, 2018, and at such hearing any persons may be heard in favor of or against the 2019 Preliminary Budget and 2019 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk, the Superintendent of Highways, Tax Receiver, Assessors, and Trustees: SCHEDULE OF SALARIES OF ELECTED OFFICIALS (ARTICLE 8 OF TOWN LAW) Officer Supervisor $ 109,722 Members of the Town Board (4) @ 36,138 Town Justice and Member of the Town Board, Fishers Island 55,108 Town Justices (2) @ 73,922 Town Clerk 105,723 Superintendent of Highways 109,722 Tax Receiver 41,250 Assessors (3) @ 79,023 Trustees (5) @ 19,956 ✓Vote Record-Resolution RES-2018-942 2 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Mover El ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 9 11 ❑ Page 34 Southold Town Regular Board Meeting October 23, 2018 page 35 ❑ Withdrawn Jill Doherty Voter 21 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Cil ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 942 SUPERVISOR RUSSELL: I think that there might be an error with regard to the notice we just posted,the salaries actually that were read off were the salaries for 2018. I am just going to quickly, as part of the budget that we are proposing, the salary schedules for 2019 would be Supervisor$109,722, Members of the Town Board are $36,138, Town Justice and Member of the Town Board of Fishers Island $55, 108, Town Justices $73,932, Town Clerk$105,723, Superintendent of Highways $109,722, Tax Receiver $41,250, three Assessors at$79,023 and we have five Trustees at $19,956. COUNCILWOMAN DOHERTY: Basically what it is, it's representing a 2 %raise. SUPERVISOR RUSSELL: But the second set of numbers doesn't, it's actually less than 2 %. So I don't know what the, we'll have to get... TOWN CLERK NEVILLE: We'll contact the Town Comptroller first thing in the morning and get the correct figures. SUPERVISOR RUSSELL: We have two sets of figures read, neither are correct. COUNCILMAN GHOSIO: I suppose we will move this subject to correction that will be posted tomorrow. 2018-943 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2018 Budget Modification-Highway Financial bnpact:Balance accounts RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund Part Town budget as follows: From: DB.5110.4.100.950 Warning Devices 1,200.00 Page 35 Southold Town Regular Board Meeting October 23, 2018 page 36 DB.5110.1.100.100 Full Time Regular Earnings 19,000.00 D13.5140.4.400.100 Debris Disposal 7,200.00 D13.5110.4.400.300 Drainage Replacement 4,022.00 TOTAL $31,422.00 To: DB.5110.4.100.905 Asphalt Patch 3,720.00 D13.5110.4.100.200 Fuel/Lubricants 3,020.00 DB.5110.4.100.960 Drain pipe/rings/covers 2,447.00 D13.5140.4.100.100 Office Supplies 362.00 D13.5140.4.100.400 Implements (small Tools) 27.00 D13.5110.1.100.200 Full Time overtime Earnings 15,000.00 D13.5110.4.100.915 Cement 865.00 D13.5110.4.100.925 Lumber 100.00 DB.5110.4.100.350 Traffic Paint 3,587.00 D13.5140.4.400.150 Rubbish 800.00 D13.5140.4.400.600 Office Equip Maintenance 322.00 DB.5140.4.600.600 Dues & Subscriptions 95.00 D13.5140.4.100.550 Equipment Parts/Supplies 1,077.00 TOTAL $31,422.00 ✓Vote Record-Resolution RES-2018-943 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dlnizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder lz ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ 11 ❑ Rescinded Robert Ghosio Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-944 CATEGORY.• Public Service DEPARTIVIEN77: Police Dept Police Department-Job Shadow Day RESOLVED that the Town Board of the Town of Southold hereby 14rants permission to the following students from the Shelter Island UFSD to participate in a day of job shadowing at the Southold Town Police Department on Friday, October 26,2018: Page 36 Southold Town Regular Board Meeting October 23, 2018 page 37 Jonas Kinsey Lucas Quiqley-Dunning Lyng Coyne Keith Taplin ✓Vote Record-Resolution RES-2018-944 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ 17 0 ❑ Supervisor's Appt William P Ruland Mover 2 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-945 CATEGORY.• Employment-Town DEPARTMENT: Accounting Appoint Robert Kettenbeil Heavy Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Kettenbeil to the position of a Heavy Equipment Operator for the Highway Department, effective October 25, 2018, at a rate of$28.5829 per hour. ✓Vote Record-Resolution RES-2018-945 Z Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ,lames Dmizio Jr Voter Iz ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland Voter z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑ Lost Page 37 Southold Town Regular Board Meeting October 23, 2018 page 38 2018-946 CATEGORY: Planning DEPARTMENT. Town Attorney Vineyard View Parks &Playground The Town Board of the Town of Southold hereby waives the park and playground fee for the site plan application known as Vineyard View for 25 units that will be affordability in perpetuity and defers the parks and playground fee for the remaining 25 units, which are required to remain affordable for 50 years, until if and when the units are leased at market rate. ✓Vote Record-Resolution RES-2018-946 10 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter C✓I ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosjo Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder R1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-947 CATEGORY- Local Law Public Hearing DEPARTMENT: Town Attorney PH 11/20 4:31 Pin- Chapter 34 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-947 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 23, 2018: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23rd day of October, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 34, Housing Fund" so now therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 20L day of November, 2018 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 34, Page 3 8 Southold Town Regular Board Meeting October 23, 2018 J page 39 HousinlZ Fund" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 34, Housing Fund". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 34-1 Purpose. The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding and create programs that will increase housing opportunities for families and individuals w-he are residents of the-Tei" of Southold and/or- toyed in theTeA% of SoUtwho cannot procure affordable housing within the Town. § 34-2 Findings. A. The lack of affordable housing creates many adverse effects for the Town. Regional employers grapple with the task of hiring and retaining employees due to the limited availability of affordable housing. Recruiting and retaining essential personnel (police officers, fire fighters, teachers, nurses, etc.) has become increasingly a challenge due to the lack of affordable housing. Volunteer emergency services are also impacted by the lack of affordable housing,prompting the possible necessity of replacing volunteer services with paid employees. While the Town has benefited from increased tourism and second homeownership, it must also sustain a population who can afford to live and work in Town. B. To address this housing shortage, the Town of Southold must create a myriad of housing initiatives that lead to the creation of affordable housing that reinvest i the lives of residents who live and/er-wer E in t'�n. The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of individuals and families residents who lack the financial means to rent and/or purchase housing within the Town. G. The pr-e,•-it„population for-e „;ty L,.,,,sing will b as follows.: ineeme eligible individuals/families who live and work in the Town of Southold Who pt!evide veluntee emergene)Aife-sa�� seioieesfer-residents of the T-olr �7reome eligibled-2dividuals/familie-s who live in the Town of Southold. (4) inFeme eli-gibleii di-v4duals4am l; >, work in the Town f Southold. (5) ineeme eligible individuals4amilies who pr-evieusly lived in the Town and wish to Y-eturffi. C. D-. Efforts in the past to create affordable housing have failed in their ability to keep the housing stock affordable upon resale. Therefore, to promote perpetual affordability within the Town, all recipients of said housing will be legally bound to sell their properties to the Town's Housing Fund. Resale price formulas for homes purchased from the Fund will be as follows: Homes sold after purchase will realize profits that are the equivalent percentage of the Consumer Price Index (CPI) as compiled by the United States Department of Labor. The percentage will be calculated from the date of sale from the Fund to the date of resale to the Fund. In addition, the Fund will compensate the seller for major capital improvements that are improved in advance by the Housing Advisory Page 39 J Southold Town Regular Board Meeting October 23, 2018 page 40 Commission. Depreciation may be applied to capital improvements. § 34-3 Definitions. As used in this chapter, the following words and terms shall have the following meanings: FUND The Town of Southold Housing Fund authorized pursuant to this chapter. HOUSING Housing for households whose incomes are not sufficient, pursuant to banking industry standards, to induce private lenders to finance the costs of acquisition of a home with a value at or less than median value as determined by the Town's assessment rolls, without benefit of subsidies or special financing programs from the Town in the case of owner- occupied housing, or in the case of rental housing, as housing for households whose income is insufficient to pay the monthly costs for such housing and maintain such costs within the required percentages of the household's income based upon banking industry standards. INCOME ELIGIBLE INDIVIDUALS/FAMILIES Those individuals/families whose incomes are below the designated percentage of the HUD median income for the County of Suffolk, as determined by the Southold Town Board. In addition, individuals/families seeking grant assistance and loans from other public funding sources may be limited to household incomes less than the HUDB median income for the County of Suffolk. TOWN The Town of Southold. § 34-5 Purposes of Fund. A. The proceeds of the Fund established pursuant to § 34-4 shall be utilized in accordance with law for the following purposes: (1) The provision of no-interest or low-interest loans to income eligible individuals or families 1esidepAs who work live the Town for the purchase of a first home; (2) The actual production of community housing for sale and resale to income-eligible individuals or families r-esidents who wk and/orm e in the T ARn.; (3) The actual production of community housing for sale to income-eligible individuals or families residents who wer4E and/or-live in the T-ew-n-in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold who Ag1V with the stated Fii -ity population and income eligibility guidelines; (4) The actual production and maintenance of rental housing for rent to income-eligible individuals or families residents who work afld,/or livein the Toivn or in conjunction with public/private partnerships who agree with the stated profit guidelines; (5) The provision of no-interest or low-interest loans to developers for the production of community housing for sale to income eligible individuals or families for the purchase of a first home or for rent to income eligible residents. (66) The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to income-eligible individuals or families 3!esidents who wand/or-live in the T o YR; (76) The provision of housing counseling services by not-for-profit corporations that are Page 40 Southold Town Regular Board Meeting October 23, 2018 page 41 authorized by the U.S. Department of Housing and Urban Development to provide said services; (8-7) The Fund will ensure the perpetual affordability of housing through determining resale prices of any home purchased through the Fund. This will be accomplished through the following: The Town of Southold reserves the right to require that all housing units purchased through the Fund remain affordable in perpetuity. All properties purchased through the Fund must be sold back to the Fund for resale to income-eligible individuals/families who meet the qualifications of defined priority populations. After purchase, homes may be resold to the Fund to potentially realize a profit. Sale prices will be calculated at the original purchase price (base price) and shall be adjusted by a percentage which is the same as the percentage by which the Consumer Price Index (CPI) increased between the date that the buyer took title to the property and the date that a letter of intent is submitted to the Fund to resell the property. Costs for capital improvements approved by the Fund's regulations may also be compensated. Capital improvements are additions that provide value to the property above and beyond repairs to maintain the property in good condition. The Housing Advisory Commission must approve in advance all capital improvements. The Commission must be given information regarding the scope of work and estimate of capital costs. If capital improvements are approved, the Commission will determine if the capital improvement may be recouped in the event of resale. (9-9) The Housing Fund will strive to build housing and sell housing that reflects the diverse needs of those seeking affordable housing that includes household income, bedroom size, etc. B. For the purposes of this chapter, eligible expenses relating to the production of community housing and the rehabilitation of existing housing stock and structures under the Fund shall include, but not be limited to, land acquisition,planning, engineering, construction costs and other hard and soft costs associated with construction, rehabilitation, purchase or rental of housing pursuant to this section, provided that these costs do not exceed 15% of the projected project costs. Litigation expenses may not be covered by this Fund. All revenues received by the Town from the sale or rental of community homes or the repayment of loans shall be deposited in this Fund. 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-2018-947 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James DmIZ10 Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ Page 41 Southold Town Regular Board Meeting October 23, 2018 page 42 ❑ Supervisor's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-948 CATEGORY• Planning DEPARTMENT.- Town Attorney Vineyard View Agreement RESOLVED, the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Payment in Lieu of Taxes Agreement with Vineyard View Housing Development Fund Company, Inc. and Vineyard View, LLC, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-948 0 Adopted ❑ Adopted as Amended ❑ Defeated -- - --- - ------ ❑ Tabled Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter R1 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover ' R ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 21 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-949 CATEGORY.• Misc. Public Hearing DEPARTUENT: Town Attorney PH 11/20 4:31 Pm Vineyard View RESOLVED that the Town Board of the Town of Southold hereby sets November 20, 2018 at 4:31 pm, as the time and place for a public hearing on the application of Conifer Realty and Community Development Corporation of Long Island for a 30-year, deferred, zero interest loan Page 42 Southold Town Regular Board Meeting October 23, 2018 page 43 in the amount of$250,000.00 from the Town of Southold Housing Fund for the construction of affordable housing in connection with the site plan application known as "Vineyard View" pursuant to section 34-6(E) of the Town Code. ✓Vote Record-Resolution RES-2018-949 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 11 Withdrawn ' James Dimzio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 121 El ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ -❑ ❑ 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 Comments regarding resolution 949 COUNCILWOMAN DOHERTY: Can I just make a clarification on the time of the 20th? Is that supposed to be 4:30 or 7:30? JUSTICE EVANS: 4:30, it's our regular meeting. COUNCILWOMAN DOHERTY: Oh, okay. Sorry. 2018-950 CATEGORY: Budget Modification DEPARTMENT: Accounting 2018 Budget Modification-Engineering Financial Impact:Move funds to cover Love Lane survey RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $24,500 Total $24,500 To: A.1440.4.500.100 Engineer, Engineering Surveys $24,500 Total $24,500 Page 43 Southold Town Regular Board Meeting October 23, 2018 page 44 ✓Vote Record-Resolution RES-2018-950 21 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 Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover RI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter [a ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-951 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact LL-Rental Permit WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25th day of September, 2018, a Local Law entitled "A Local Law in relation to Rental Permits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Rental Permits" reads as follows: LOCAL LAW NO. 2018 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 207 of the Code of the Town of Southold, A Local Law entitled, "A Local Law in relation to Rental Permits" § 207-1 Legislative intent. A. 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 Page 44 Southold Town Regular Board Meeting October 23, 2018 page 45 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. B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 or any other chapter of the Town Code of the Town of Southold. 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICIAL -The official who is charged by the Town Board with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Inspector, Chief Building Inspector,Principal Building Inspector, Senior Building Inspector, Building Permits Examiner, Zoning Inspector,Electrical Inspector, Plumbing Inspector, Fire Marshal,Fire Marshal I, Fire Marshal II, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town _Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING -A building designed exclusively for residential purposes. DWELLING, MULTIPLE-FAMILY -A building, other than an 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. Page 45 Southold Town Regular Board Meeting October 23, 2018 page 46 IMMEDIATE FAMILY- The immediate family of the owner of a housing unit consists of the owner's spouse, domestic partner, children, parents, grandparents or grandchildren, siblings, uncles, aunts, nieces, nephews, cousins and in-laws. OWNER-Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises,with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. RENT -A return, in money, property or other valuable consideration (including payment in kind or for services or other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit,whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT - A dwelling unit established, occupied, used or maintained for rental occupancy RENTAL OCCUPANCY -The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL OCCUPANCY PERMIT - A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this Chapter and shall be valid for 24 months from the date of issuance. § 207-3 Fees. Rental Permit fees shall be set by the Town Board by resolution. §207-4 Smoke detectors and carbon monoxide detectors. Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. X207-5 Inspections. A. No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. 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. Page 46 Southold Town Regular Board Meeting October 23, 2018 page 47 C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. A Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall he 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. X207-6 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. X207-7 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. Rental permit application 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 applications 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 (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: Page 47 Southold Town Regular Board Meeting October 23, 2018 page 48 (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (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) 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, on a form 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. (6) Each application shall be executed and sworn to by the owner of the premises. (7) 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. C. 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. A Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 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) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(2) above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. X207-9 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 Page 48 Southold Town Regular Board Meeting October 23, 2018 page 49 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 current rental permit has not been issued by the Code Enforcement Official. §207-11 Enforcement. This chapter shall be enforced by the Code Enforcement Officer as defined by this chapter. §207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding$5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and § 10(1)(ii)d(3) and pursuant to 10(5) of the Statute of Local Governments, and is Page 49 Southold Town Regular Board Meeting October 23, 2018 page 50 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. II. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment. III. Effective Date. This chapter shall be effective upon filing with the Secretary of State. 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 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1,2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. ✓Vote Record-Resolution RES-2018-951 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated ❑ Tabled James Dmizio Jr ? ❑ ❑ ❑ ❑ ❑ Withdrawn William P Ruland ' ❑ ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty i ❑ ❑ ❑ El❑ Tax Receiver's Appt ❑ Rescinded Robert Ghosio i ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans - ip _.11 ❑_... O ❑ Supt Hgwys Appt = Q No Action Scott A Russell j ❑ ❑ ❑ ❑ ❑ 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 8:03 PM in order to hold a public hearing. Page 50 Southold Town Regular Board Meeting October 23, 2018 page 51 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell VI. Public Hearings Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs COUNCILMAN GHOSIO: In April, 2019 the Town of Southold expects to receive approximately $230,000.00 in Federal Community Development Block Grant Funds. These funds may be.used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (total allotment limited to 15%) Town Residents are invited to attend this public hearing on Tuesday, October 23,2018 7:31 PM at the Southold Town Hall, 53095 Main Road, Southold,New York,to express citizen views on local housing community development needs to-be met with these funds. I do have a signed and notarized affidavit that this hearing has been noticed by the Town Clerk's office, it's on the town website and on the bulletin board. And a notice signed affidavit that this has been published in the Suffolk Times. That's it. ; SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board to please feel free. Leroy? LEROY HEYLIGER: Good evening, I am Leroy Heyliger of Mattituck. I am a deacon at Unity Baptist Church on Factory Avenue in Mattituck and I would like to address the Board about the grant that you were speaking about. We have been having a lot of problems on Factory Avenue and I am here tonight to address the problems that our community and our church, Unity Baptist Church, are experiencing on Factory Avenue in Mattituck. I would like to apply for 2019 Community Development Block Grant to study these problems and perhaps come up with a solution. The major problem is the vehicular gridlock that occurs each- time a tractor trailer arrives at the loading dock at the back of the Marketplace facility. Whether it is a 42 foot long trailer or a 53 foot long trailer, the results are always the same, trying to maneuver these Page 51 Southold Town Regular Board Meeting October 23, 2018 page 52 ; behemoths causes a backup of traffic on both the north and south ends of Factory Avenue. Needless to say, this presents a safety hazard for the residents living on the north side of the railroad tracks as firetrucks or EMS vehicles would not be able to respond quickly in the event of an emergency. Also, residents living on the south end of the Mattituck Cottages would be, affected as the fire gate, the fire department gate by the railroad track would be inaccessible. In the past few years, these trucks have caused damage to our church property and I have letters from the company here, for damage that was done on our property. Landscape, cesspool covers that were broken, covers for the water valve meter was broken, all by this company. In the past few years, these trucks have caused damage to our church property by using a portion of our property as a turning point. Trying to be good neighbors, we have acceded to these in order to speed up the movement of the entire delivery process. However, these 53 foot long trailers, it is not feasible for us to continue to allow them to use our property. With the coming winter, with the fact of snow removal and mounds of snow on both sides of Factory Avenue, 53 foot trailers will find it very difficult to get in and out of the Marketplace loading dock. As it is now, even the 42 footers get stuck in the snow and the ice trying to get in and out. This thus impedes traffic flow,and a danger to residents. I urge the Board to get with Marketplace managers, get a schedule of these delivery trucks and come down and observe for yourselves, the sometimes chaotic operation these delivery trucks incur. And better yet, bring along a camera crew to record it. Respectfully submitted, Deacon Leroy Heyliger,Unity Baptist Church, Mattituck. SUPERVISOR RUSSELL: Thank you, Leroy. Who else would like to address the Town Board on this public hearing? CATHY DEMEROTO: Good evening, I am Cathy Demeroto, I am the director of Community Action Southold Town. Thank you for allowing us to speak tonight. Thank you Mr. Supervisor and members of the Board. Since 1965 CAST has been providing a critical safety net for Southold Town residents in need and I want to share some data on the services we have been providing this year. so, so far to date in 2018, we have been visited 7,154 times. That's about 800 visits per month, 200 visits per week. We have served 281 unique households and our food pantry, that includes 27 seniors, 478 adults and 302 children. We have served 411 families with our clothing in our sharing room and through our feed a kid program, we served 153 children. So that is what we provide when school is out for vacation for kids who receive free and reduced meals. Last year we served 138 children, so we had an increase this year. I do want to note, that's only 16 % of the students who receive free and reduced price meals. So just looking at the most recent data we have from the state department of education, 40 % of the school age children in the Town of Southold are considered economically disadvantaged. So we have 968 students in Greenport, Southold, Mattituck-Cutchogue, who are receiving free and reduced price meals. And we have 1,113 students who are considered economically disadvantaged. So obviously you can see the great need and that is just considering the school age children. We are continuing to see an increasing need at CAST, people coming in for food, for clothes but not only do we provide this critical safety net, we're helping to move people to self-sufficiency. So we have several education programs, we have the parent-child home program which is a home visiting early literacy program, we have helped families transition into the school, working within the school system, we are also providing computer and ESL classes and some job readiness workshops. We are helping connect people to jobs in the local community, helping them with Page 52 Southold Town Regular Board Meeting October 23, 2018 page 53 resume writing, interviewing skills. We are working with local employers to snatch some of our clients. This year some new things we have done, we've added a free tax preparation program, we did in 2018, we added a part-time food nutritionist to our food pantry and a big part of her role is we started the farm to friend program at CAST and we are working with eight local farms to bring fresh, local produce to our clients daily. And you may be aware that there's a new New York State tax credit this year for 25% of the fair market value of fresh produce donated to food pantries, you get a tax credit of up to $5,000 benefit. So we shared this information with local farmers and eight local farmers are working with us to ensure that our vulnerable residents are able to access the fresh produce that we have in the Town of Southold. In addition, we provided 238 kids with backpacks and school supplies at the beginning of the school year this year, we have added a new director of education and outreach who is overseeing all of our education programs. We have monthly workshops and this month we are working with Peconic Pediatrics to bring a pediatric health and wellness workshop to members in the Southold Town. We are having for the second year in a row, a hot Thanksgiving dinner in partnership with Suffolk Community College Culinary Program and Clinton Memorial AM Zion Church and that will be the Wednesday before Thanksgiving and last year we served 212 hot meals. We will have our annual CAST toy drive this year and that will be from November 26 to December 17. So I just wanted to share some of the work we are doing, how we are trying to address the need of vulnerable families in the Town of Southold. Based on the need and we see the numbers of children who are eligible and receiving free and reduced price meals and hopes to reach more people, it is our hope to launch a mobile food pantry in 2019 to help more people who don't have access to transportation or are homebound. So I just want to say we appreciate the support the town has given us over the years and we look forward to working together to help meet the need of those at risk in our community. Thank you. SUPERVISOR RUSSELL: Thank you. TOWN CLERK NEVILLE: Miss Demeroto, do you have a written statement you would like to submit for the public hearing file? MS. DEMEROTO: I don't. TOWN CLERK NEVILLE: You don't. Okay. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular local law? DAN O'SHEA: Good evening, my name is Dan O'Shea, I am the executive director for Maureen's Haven Outreach in Riverhead and I want to first say thank you for giving me the opportunity to present tonight. I will tell you briefly about Maureen's Haven. We have been around since 2002 and we assist the homeless population on the North and South fork of Long Island. Essentially the entire east end. Last year we helped over 350 homeless individuals whether it be overnight shelter or connecting them to various services or simply using or day center for food or shelter, clothing and things of that nature. We also do provide a winter shelter program which starts November 1 and this year we are continuing it through April. We typically Page 53 Southold Town Regular Board Meeting October 23, 2018 page 54 ended it in March but we do recognize the last couple of years April has been incredibly cold especially the first couple of weeks, we are going to be continuing or I should say, adding April this year. a little bit about the Town of Southampton, we had been getting support for number of years from the Town of Southampton and certainly something we do appreciate, right now moving into the winter shelter which starts in about a week and a half, I have five churches and houses of worship here in the Town of Southold that are going to be hosting our guests. That will be about an average of 30 folks a night and they will be doing it about 7 evenings a month and that roughly equates to roughly over' 120 homeless folks you'll be helping out this winter. As I mentioned, we do have five churches and houses of worship hosting but we also do work with Southold Rotary and some other civic associations as well. And they may be helping out whether they may be cooking meals or setting up or cleaning up, that kind of thing. I do know as of 2018, we do have a very transient population and I do know as of 2018 we have directly assisted at least 11 individuals in the Town of Southold that we at least know of and that number is probably a little bit higher, and I really just want to take a moment again and say thank you for il letting me take the opportunity to present this evening but certainly we do appreciate the support the Town has given us and we do look forward to and certainly we understand I guess the level of commitment the churches and houses of worship' and volunteers in general, do have to ,; Maureen's Haven. It certainly is a big part of their congregation and to the volunteers it does mean a lot to them and for us it is equally important to make sure that we are not only serving the community and homeless population but also trying to keep the local congregations engaged and trying to help them with mission andthings that are important to them. So, thank you very much and again, I appreciate,all of your help and support. SUPERVISOR RUSSELL: Thank you. Who else Would like to address the Town Board on this particular local law? (No response) This hearing was closed at 8:19 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Ph 10/23 7:31 pm Local Law -Rental Permits COUNCILMAN GHOSIO: WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25' day of September, 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 23`d day of October 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 Rental Permits"reads as follows: LOCAL LAW NO. 2018 Page 54 Southold Town Regular Board Meeting October 23, 2018 page 55 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, A Local Law entitled, "A Local Law in relation to Rental Permits" 207-1 Legislative intent. A. 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. B. Nothing herein shall be interpreted to supersede any requirements contained in Chapter 280, Chapter 100 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 11, Chief Fire Marshal, Town Investigator, Senior Town Investigator, Ordinance Enforcement Officer or Ordinance Inspector of the Town of Southold, Stormwater Manager, Town Engineer and such person(s) shall be certified as a New York State Code Enforcement Official; Code Enforcement Officer. DWELLING -A building designed exclusively for residential purposes. Page 55 Southold Town Regular Board Meeting October 23, 2018 page 56 DWELLING, MULTIPLE-FAMILY - A building, other than an 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 Fees. Rental Permit fees shall be set by the Town Board by resolution. $207-4 Smoke detectors and carbon monoxide detectors. Page 56 Southold Town Regular Board Meeting October 23, 2018 page 57 Each rental dwelling shall be equipped with functioning smoke detectors and carbon monoxide detectors, in compliance with New York State Uniform Fire Prevention and Building Code. &207-5 Inspections. A. No permit shall be issued under any application unless the rental dwelling unit has a valid Certificate of Occupancy or Pre-Certificate of Occupancy. B. The Code Enforcement Official is authorized to make or cause to be made inspections, to determine the condition of dwellings and to safeguard the health, safety, morals and welfare of the public. The Code Enforcement Official or his designated representative is authorized to enter the subject premises upon the consent of the owner. C. Search without warrant restricted. Nothing in this chapter, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official or his authorized representative to conduct an inspection of any premises subject to this chapter without the consent of the owner of the premises or without a warrant duly issued by an appropriate court. A Conflict with other chapters or law. Nothing in this chapter shall be construed to negate the authority for inspections pursuant to any other section of law or court- ordered inspection. E. Presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. This presumption shall be rebuttable. &207-6 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. 4207-7 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. Rental permit application requirements. Page 57 Southold Town Regular Board Meeting October 23, 2018 page 58 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 applications 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 (3) Rental permits applications shall include the maximum number of persons that are being requested to occupy the rental dwelling unit. (4) All applicants for a rental permit shall sign an affidavit stating that they have received a copy of and fully understand this Chapter of the Southold Town Code. (5) All applicants must submit the following documents: (a) Copies of all certificates of occupancy and/or pre-certificates of occupancy for the rental dwelling unit; (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) 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, on a form 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. (6) Each application shall be executed and sworn to by the owner of the premises. (7) 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. C. 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. A Renewal of rental permits. (1) A renewal rental permit application signed by the owner shall be completed and filed with the Code Enforcement Official at least 90 days prior to the expiration Page 58 Southold Town Regular Board Meeting October 23, 2018 page 59 date of any valid rental permit. A renewal rental permit application shall contain a copy of the prior rental permit. (2) Prior to the issuance of a renewal rental permit, the owner shall cause an inspection of the unit or units and the premises pursuant to 207-7 B(2) above. (3) The Town of Southold shall not accept, review or approve any renewal rental application for a rental dwelling unit dwellings wherein the prior rental permit expiration date has passed. If the expiration date has passed, the owner must file a new application. §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 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. Page 59 Southold Town Regular Board Meeting October 23, 2018 page 60 &207-12 Penalties for offenses. A. Any person, association, firm or corporation that violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable: (1) By a fine not less than $500 and not exceeding$5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. (2) By a fine not less than $1,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of the second of the two offenses, both of which were committed within a period of five years. B. Each week's continued violation shall constitute a separate additional violation. C. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii) a(9-a) and 10()(ii)d(3) and pursuant to § 10(5) of the Statute of Local Governments, and is intended to supersede Town Law § 268 and any other statute or local law to the extent necessary to increase the minimum and maximum penalties contained therein. §207-13 Implementation. II. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judlIment 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 judlZment. III. Effective Date. This chapter shall be effective upon filing with the Secretary of State. 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 and no violation for failure to obtain a permit shall be issued to a person or entity that: A. Has filed the necessary application in proper form with all required information and attachments on or before August 1,2019, and; B. Has not received a final determination on the application on the application for reasons over which the applicant has no control. I do have a signed affidavit that this was published in the Suffolk Times and also that this was posted by the Town Clerk on the Town Clerk's bulletin board and on the town website. That's it. Page 60 Southold Town Regular Board Meeting October 23, 2018 page 61 COUNCILWOMAN DOHERTY: Scott,just before we ask, I just have a, as many of you know, there have been many changes and I have a couple of scrivener's errors that we made some changes but they did not make the agenda. On 2077 D, it talks about renewal of rental permits and under 2, we say pursuant to 2077 B 2, it should be 2077 B 5 C and then also, where it says 2079 that should be 8 and where it says 20710 that should be 9, so just a couple of little tweaks. SUPERVISOR RUSSELL: Alright, I am going to ask would anybody like to address the Town Board on this local law? Pat? PATRICIA MOORE: Thank you for the opportunity to address this law, thank you for those corrections, I have them in my notes and glad that that was resolved. I will just go through as I made the changes, in your definitions, I would suggest that you include also definition certificate of occupancy or pre-CO and provide for a presumption of compliance with all applicable housing, sanitary, building, electrical and fire code rules and regulations. My biggest concern is when you are asking the professionals or these licensing entities, whoever they may be, to do a certification, most, they are all going to be looking for the certificate of occupancy. The C of O is proof that building complies and we want to have that presumption in there because if you buy a house and it has a C of O to the extent possible, you check to make sure the building department records are all properly documented but you have no way of knowing with regard to health department and other codes that are referenced in your law but are outside of our ability to FOIL it or investigate, so I would want to have the CO or the pre-CO to provide that presumption, when you go and get your CO or pre-CO at the time that that was issued it met all of the requirements of that day. And I think that that's what is intended by this law, making sure that you have a legal and safe house and if you have all the CO's, that should cover it. so you need to put it in somewhere and I put it in under definitions, so that presumption could be listed somewhere in your code. Paragraph 207-7, the rental permit requirement, just going by as I make the changes, you say it shall be unlawful for any rental occupancy to exist in any dwelling without the owners first having obtained a rental permit from the code enforcement official, well, you have defined dwelling one way but I think what you really mean is dwelling unit because the dwelling applies to the house but the dwelling unit may be a part of the house or some other building, so I think what you are intending is dwelling unit rather than the generically dwelling. I think I just needed clarification if that wasn't the intent but I am assuming that was your intent. ,Then with respect to, again, 207-7, the rental permit required, where you say notwithstanding the above, no rental occupancy permit shall be required for, and you identify residential care facility licensed under federal, state or Suffolk county guidelines, perfect, that's fine but I think you have left out some other entities that I don't think require rental permits and that would be motel/hotel, resort residential units, B & B's and I would ask you to also consider adding local, state or federal programs with inspections so you may have under your town affordable program somebody who is renting and your own program provides for inspections. You also have section 8 tenants or other type of program you can't really discriminate or I was told identify with respect to income but identify what, the language I use is really to identify a section 8 tenant for example that has, in order to be eligible, well one, they are income eligible but two, section 8 or other housing authority, Greenport or other housing authorities will do inspections and you have to comply with that inspection program. So the federal government, HUD programs, have their own inspection criteria and again, if you are not trying to hurt affordable housing by this law, at Page 61 Southold Town Regular Board Meeting October 23, 2018 page 62 least give a credit or an exemption of this law for programs that are already both, have a regulatory scheme already provided for. I think there was a misunderstanding or misnomer that section 8 is a terrible rental situation but in fact, it is not only income based but the units themselves have to be, have to meet certain safety criteria. So they are all inspected and there is documentation of that inspection. So it is provided for and again, I would ask you to put your money where your mouth is as far as supporting affordables, include those two programs in the exemptions and again, I think, when I went looking at the code with respect to hotel/motel, well B & B, I think you forgot to list it there although they have their own rental program or rental permit with the B & B law and I don't know if this is to supersede this one or we just don't want to have duplication, so you just want to confirm, is this superseding the rental code that is identified in the B & B law. But hotel/motel and resort residential like Cliffside, they operate as a hotel and my memory and looking at the definitions, hotel/motel and resort residential is actually specifically identified as not being a dwelling, it's kind of a negative. It is not considered a dwelling because obviously if it was a dwelling you could live there year round and hotel/motel, resort residential have time limitations. So I think, you know, I don't want to have to guess or in advising clients I don't want to have to guess whether this law intended to include or not include it, let's be clear. The other thing that seemed to be missing from this and I don't know if it was just an oversight or maybe clarification is needed, the transfer of permits, you may have, a permit is issued for two years, during that two year period you may have a death, heirship, sale, whatever the case may be and you have a tenant in there, you want to make sure that those permits are transferable. You have a provision that,if you change your address, you have to notify code enforcement but you don't have any provision if there is a sale, transfer, change of ownership for whatever reason, a gift. There is no provision for that. So a transfer of a permit really should be addressed here and it shouldn't be a bureaucratic process, if there is a current permit that has been issued, it should be a very straight forward, seamless transfer. They have already gone through the inspection and the fees and everything else. It's just making sure that we don't have some lack of continuation on these permits. Finally, not specifically on the language but I just want to be clear, if you are intending to regulate rental permits regardless of the zoning, so if you have a commercial zoning district, business, mixed use, occupancy, whatever the case may be, are you intending regardless of the commercial zoning district, if it is rented you have to get a permit. That's the way I am reading it and I just need clarification that's the intent. SUPERVISOR RUSSELL: I can't speak for the Board, I would assume that is the intent but... MS. MOORE: Put it this way, clarify (inaudible) COUNCILWOMAN DOHERTY: You said, sorry, because I was writing... MS. MOORE: Oh, I actually was going to give you my notes, so that way you will see where I was making... COUNCILWOMAN DOHERTY: So you want a clarification if it's for a residential properties? Page 62 Southold Town Regular Board Meeting October 23, 2018 page 63 MS. MOORE: Well, the way you defined the permitting process, if you have a rental unit, regardless of the zoning district it is in, you get a rental permit. That's the way I am reading it, you haven't created a tiering or an exception based on the zoning classification you are in... COUNCILWOMAN DOHERTY: This is for residential purposes. COUNCILMAN GHOSIO: Inaudible. MS. MOORE: Inaudible. SUPERVISOR RUSSELL: It's based on use. Not zoning. COUNCILWOMAN DOHERTY: That's why I was confused with the question, because it's for residential purposes. MS. MOORE: That's how I was reading it, I just want to make sure that there... COUNCILWOMAN DOHERTY: Well, it says dwelling, you know, building design exclusively for residential purposes and that's how we say it through the code. MS. MOORE: Well, that's the interesting thing, when you read it very carefully because I, Tom and I were debating it, a dwelling exclusively used or however you, exclusively used for residential purposes, that's the confusion because you have a commercial building that may have an apartment or a residential use, so you don't have a structure or a dwelling, not a dwelling, a structure that is exclusively used for residential, that seems to imply a dwelling or a house. So that's where there was a little bit of clarification that was needed. SUPERVISOR RUSSELL: Actually, I think you might have clarified that for us. To make the correction to 207-7, it shall be unlawful for any rental occupancy to exist in any dwelling unit... MS. MOORE: Dwelling unit, exactly. SUPERVISOR RUSSELL: And therefore it would include any dwelling unit, built for residential purposes such as apartments over stores. MS. MOORE: Yes, that's how I cleaned it up. SUPERVISOR RUSSELL: You cleaned it up for me, thank you. MS. MOORE: You are welcome. I am not all bad, I will clean it up so it's clear. I am going to give my notes to the Town Clerk. COUNCILWOMAN DOHERTY: Thank you. Page 63 Southold Town Regular Board Meeting October 23, 2018 page 64 SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? JOHN MCDONALD: My name is John McDonald, I was a police officer for 27 years, I worked in many units, narcotics, vice, homicide and I read this law and it almost to me struck me as like, almost like a misdemeanor or felony that is taking place. And with the idea of getting a search warrant, I don't know how many of you have ever executed search warrants but I have numerous times, you have to go before a judge, it was (inaudible), there has to be observation, there's all this thing that has to take place before the judge is going to allow you to execute a search warrant. And I read in this law here and my concern is this, out here in Southold or on the east end, you have a vast amount of people leaving here because they can't afford to live here. In fact, in the paper there is a loss of people on New York State and Long Island because of the high taxes. In fact, us, New Jersey and Connecticut are one of the highest taxed areas. So now you are saying, how do you keep your children here? I have got five, I've got nine grandchildren and you want to keep them here, well, how do you keep them here to save, say if a house costs $400,000 it takes 20%, that's $80,000 that you have got to put down. Now with the new millennials coming on and everything like that; in fact,throughout the United States there's more construction being made for multiple families or family living together because they can't afford to buy a house today. My feeling was, they said here rent or money when you are a rental and they said it's considered a return on money, property or other valuable consideration includes payment in kind of service or other thing of value for you occupying a place, okay, so what they are saying, if you have somebody, a child or somebody that wants to stay in Long Island and not move to another state, well, you are saying if you are giving him a free rent, is that service? That's what you are saying here, other service or value? It's not clarified, so I am saying, wait a minute, does service mean I am allowing somebody to be in a place that complies with all of the laws of this thing here but on the same token, he is a person that wants to save money to maybe stay in Long Island. That's what my thing is and I think that what the problem is, they are driving all young people off the island. That's my thing and the idea of getting a search-warrant, they make it sound like it's some kind of criminal act. SUPERVISOR RUSSELL: Let me just clarify, first of all, that wording with reference to a warrant, what this law states is what the actual facts are now. You are right, it's exceedingly difficult to get a search warrant under current circumstances, after this law would be passed, if it is passed, it's the same difficultly. This doesn't negate any of that. It doesn't give you a streamlined process to a search warrant, it doesn't compel anyone from the town to get a search warrant, in fact, quite the opposite. It makes it clear that we can't inspect without the permission of the owner. And with regard to the child, families would be excluded from the rental permit. So if it's a family member, you would not be required to get a rental permit. You would have to establish that they are a family member but they wouldn't be required. Also, let me point out with regard to affordable apartments, I agree with everything you said with regard to kids, they need to bring them home, we need to keep them here and then figure out how to get them meaningful employment. Southold Town is undertaken, over the past six or seven years, we've made the creation of accessory apartments more permissive than it's ever been in the history of Southold Town. So we are trying to promote them. This legislation if meant to address a different problem, maybe somewhat related but ..... Page 64 Southold Town Regular Board Meeting October 23, 2018 page 65 MR. MCDONALD: Inaudible. In the City of New York, when they had a complaint it became a police thing, someone would complain, there's something going on constantly and it became a police thing and then, when 42nd Street was going wild, what they did is they enacted where you are running a type of wild sex shows or whatever they were doing, you would get a, and they would close them down for violating the law. We are talking about Airbnb here that has in constant rental and the people are annoyed, I understand that, that's a legitimate concern. But then it becomes a police matter in my opinion. SUPERVISOR RUSSELL: Thank you. COUNCILWOMAN DOHERTY: Thank you. ANNE MURRAY: Anne Murray from East Marion. I just wanted to know, is the Town Board prepared to vote on this tonight or do you have to reprint the corrections? I am just curious. COUNCILWOMAN DOHERTY: Most likely we will not vote on it tonight, because we have a lot of people here and we want to consider all... MS. MURRAY: So you are going to have a 0'public hearing,possibly? COUNCILWOMAN DOHERTY: It's too early to tell. SUPERVISOR RUSSELL: We are going to wait until we get all the testimony the public, I haven't heard anything yet even suggestions, certainly with the scriveners errors that Jill had highlighted, even adding the word unit after dwelling, I don't think that's substantial enough to require a new public hearing. You do not have to re-notice. JUSTICE EVANS: But we had some other comments that we have to consider. MS. MURRAY: I understand. SUPERVISOR RUSSELL: But again, so far we haven't heard anything that would require redrafting and re,public hearing. MS. MURRAY: Okay, well I would just like to say that I am very glad that you are having another public hearing, I hope that you don't have another one after this and I would urge the Board to vote on this because it's been, how many years, Jill? Two maybe that you have been working on this and I give you a lot of credit for putting it together. I think we do need it and I think one of the problems of the lack of affordable housing is Airbnb, yes, but we don't have a rental code and the situation with rentals in the town is pretty out of control. Thanks very much. COUNCILWOMAN DOHERTY: Thanks. I think you know, once we have something in place we will get a better handle on what the rental situation is out there and it will help us you know, make decisions in other areas. Page 65 Southold Town Regular Board Meeting October 23, 2018 page 66 SUPERVISOR RUSSELL: Who else would like to address the Town Board? JOHN LADEMANN: John Lademann from Cutchogue. But it is regarding property in Southold. I asked at one of the other meetings about if we can allow another authorized representative, are they going to know, I brought this up before, do they know their trades or if they are going to be in there inspecting the house, this is one thing a lot of builders don't know, electrical work or plumbing work or anything like that and you are going to allow them to, code enforcement officer to bring anybody in and that's one thing and another thing, there's nothing in this law says what these permits are going to cost and that would be nice to know because I've had somebody renting from me, he's a doctor from the Police Department in New York City and he rents from me for 15 years and I might move him because of this, I hate to but to tack something on whatever permit, that could hurt, so I just wanted to let you know it's a problem. COUNCILWOMAN DOHERTY: I just want to clarify those two things right now, anybody that does the inspections has to be certified in all those areas, so it has to be a licensed, it says in here, a licensed MR. LADEMANN: It doesn't say that. COUNCILWOMAN DOHERTY: What part are you reading? MR. LADEMANN: Inaudible. COUNCILWOMAN DOHERTY: Alright. We can clarify, the authorized representative has to be certified, you can't just have, well, we will clarify that in that section. It says it in another section. SUPERVISOR RUSSELL: I think we should defer to Bill. COUNCILWOMAN DOHERTY: Yes. TOWN ATTORNEY DUFFY: Inaudible. COUNCILWOMAN DOHERTY: Right. That's how I see it. And right now we are proposing a minimum fee of$100 a year. SUPERVISOR RUSSELL: Just a clarification on fees, generally fees get set as part of the organizational meeting every January. They generally, well certainly we haven't been setting fees as,part of the code. Any change to fees over the years would require a new public hearing, so that gets set by resolution each year, like all fees that are collected. CARRIE MARONE: Hi, my name is Carrie Marone and I have a house in Southold. I haven't been to every single meeting, I have missed a few, so I just had a couple of questions because I know this rental spans a lot of towns and a lot of different situations from over-crowding, maybe day rentals and different types of workers to month long or year'long rentals and then to the B Page 66 Southold Town Regular Board Meeting October 23, 2018 page 67 and B. I'm just, when you put them all in the same bucket just as being rentals, my question is when you look at something for over-crowding or if it's from an Airbnb, say if my neighbors use it as an Airbnb and they rent to families, that's it for a t wo week vacation or just something. Most people are not renting out in Southold for a month, summer vacation. People just can't take a month vacation. But the people that rent those houses, there's people in there, they are going to the beaches, they are doing all that type of thing, no complaints. Then I have another neighbor that lives down there, they own the house, they don't rent it and every weekend, all their kids, they have parties everything like that, I have no problems with that either, it's their house but I don't understand why if my neighbor rents their house and someone complains, why it doesn't become a police problem or you are now in violation, here's your warning and if you violate again, then you get fined. I don't understand why somebody like my neighbors, who I don't have a problem with them renting it out, we are by the beach, it's not a year long community, we don't have parking issues, we don't everything. Why they have to spend all this money, their house is to code, their house is taken care of, why they are put in the same bucket as people over-crowding with day workers or people that have people living in sheds or something, I just don't understand why everybody is put in the same rental permit, when why isn't it addressed if you are in violation of something, the noise, parking or something, give them a violation, give them a ticket and then make them go this extra step, that's how you try to get them to stop doing it. I just feel like you are going to have so many more people illegally doing this and trying to avoid all this because this is going to cost people money, like to get, to get all these permits and inspections and everything like that, and who is to say, if my neighbor wants to go get this inspection, now she has a permit for two years, once you walk out, she can put a lock on the door, that was one of the things that seemed ridiculous, you can't have a lock inside, you can't lock your garage. Nobody is going to get hurt if I have my garage locked unless they try to break into it. You know what I am saying? It just seems so weird that everything is getting put into the same thing. I know East Marion has a lot more young renters who rent for proms and everything, Southold, I am going to say there is no MTV crib houses or raging parties, I mean, believe me, my kids would be looking for them if there was. I just don't see how we are all in the same bucket. I mean if I am redundant and if I repeated some of this.... COUNCILWOMAN DOHERTY: I will try to clarify some of the stuff. MS. MARONE: Thank you. COUNCILWOMAN DOHERTY: First of all, I want to clarify that right now on the books we have a definition of transient rental in town and the definition of transient rental is 14 days or less. That is still on the books, that's not part of this and that is not going to change by adopting this or not adopting this. so if, I am coming from a safety point here, and everybody, if you rent your house out or not, should have a CO and if you have a CO for your house and you want to rent it for 14 days or 365 days, you just need to fill out the paperwork, get an inspection to make sure your CO is valid and pay the$100 fee for the two years, so it would be $200 and that's all you have to do. MS. MARONE: I get that, it's just, you have to have a CO for your mortgage but you have to have a survey... Page 67 Southold Town Regular Board Meeting October 23, 2018 page 68 COUNCILWOMAN DOHERTY: We took all that out in this section. MS. MARONE: Oh, I apologize. COUNCILWOMAN DOHERTY: This is... MS. MARONE: All you need are your CO's, then the rental permit but you have to get the electric inspection and stuff like that.... COUNCILWOMAN DOHERTY: Well, if you have your CO's, then you already have your electric inspection, so basically it's, if you have a proper CO, either you can have a town inspector or you can have a valid inspector, a certified inspector yourself and once we have that certificate and you fill out the applications giving the information we need, the owners name and different things on the application and the inspection is done, then you would get your permit. MS. MARONE: Okay. COUNCILWOMAN DOHERTY: And then every time you renew it, we would need you to get an inspection to make sure you didn't change anything. The thing about the locks and everything that is read, that is already part of New York State's building code. You can't have padlocks on bedrooms for safety reasons, if the fire department comes in because there is a fire in the house, so that's not a code that we are making up through this, that's a part of the safety code. We are trying to just educate people and make them aware that this is out there. But we took all that out and we made it as simple.... MS. MARONE: I apologize.... COUNCILWOMAN DOHERTY: That's okay, it gave me a chance to clarify all of that. MS. MARONE: Okay, I appreciate it. Thank you. SUPERVISOR RUSSELL: Just to clarify, if you have a CO that covers the house as it exists, but for an inspection verifying that you are good to go. The difference is, if there has been a fundamental change in the interior of the property, that would no longer be covered by the CO. That's where the issues with might come in. MS. MARONE: Okay. SUPERVISOR RUSSELL: Or the creation of living space in an area without the benefit of the building permit, inspection or CO. That's where that would be an issue. But for people like you described, it's an application. That's really all that is. MS. MARONE: I appreciate that, thank you. SUPERVISOR RUSSELL: Sure. Page 68 Southold Town Regular Board Meeting October 23, 2018 page 69 DAVE KILBRIDE: Hi, my name is Dave Kilbride from Cutchogue. I am trying to get my arms around the problem you are trying to solve here and I don't have a comment so much as I have questions. How many dwelling units are there in the Town of Southold? SUPERVISOR RUSSELL: Dwelling units? COUNCILMAN GHOSIO: Dwelling units that are for rent? Rental dwelling units. MR. KILBRIDE: Dwelling units in total. SUPERVISOR RUSSELL: I can tell you there's 11,300 houses, how many accessory apartments, I couldn't determine that. MR. KILBRIDE: How many rental units are you proposing to start regulating? Dwelling rental units. In other words, what's the scope here that if once this law is approved, how many units of housing that have never been under the auspices of town government are now going to be regulated and need these permits? COUNCILMAN GHOSIO: I don't think we know. COUNCILWOMAN DOHERTY: We don't know that. That's part of the issue. MR. KILBRIDE: What would you estimate? SUPERVISOR RUSSELL: Me, personally? MR. KILBRIDE: What percentage of the 11,000 units are rented? SUPERVISOR RUSSELL: Personally, based on my 15 years of experience in the Assessors Office, I would estimate that homes that getting year-round, homes that get rented seasonally and all those other issues and accessory apartments, I wouldn't be surprised if the number was close to 3,000. MR. KILBRIDE: I am here to tell you that I have two that you don't know about. So... SUPERVISOR RUSSELL: 3,002. My number is wrong. MR. KILBRIDE: So and how many of those 3,000 units is the town inspector probably going to be asked to visit? SUPERVISOR RUSSELL: It would depend on the initial compliance. I would expect pretty substantial compliance, I would expect about 800. MR. KILBRIDE: And how much time do you think it's going to take the town inspector, how many can they do in a day, how many town inspectors are there? Page 69 Southold Town Regular Board Meeting October 23, 2018 page 70 SUPERVISOR RUSSELL: There would be the two and a half code enforcement officials, the chief building inspectors, two building inspectors and fire marshal. That's what we budgeted for. MR. KILBRIDE: And if they worked full-time, how long will it take them to do 800 inspections? SUPERVISOR RUSSELL: I would anticipate in most instances, not much time at all because the house is already CO'd and everything is already up to snuff. MR. KILBRIDE: How long, if I were to call a building inspector right now to get, before you do all of this because presumably you are working on the town budget, so presumably they have got full-time jobs, how much time do they have to add 800 inspections? SUPERVISOR RUSSELL: It depends on the extent of the inspection. Again, it depends on what you are inspecting. I could tell you as an assessor, I could do as many as 30-40 a day or as few as 5, depends on what you are looking at. MR. KILBRIDE: Apparently what you are looking for, okay, let me ask another question, the 3,000-4,000 units, including the two that I own that are in better shape than the house that I live in myself, so I am not sure why they are being regulated, but of the 3,000 units, the regulations talks about serious problems with housing units and the reason that you are throwing a net around 3,000 housing units is because there's serious problems with some number. How many of those kinds of units of those are there in the town? That are health hazards, that are blight, where there are cars parked on the lawn that are creating social problems in the neighborhoods. Of the 3,000, how many are you really trying to solve for? SUPERVISOR RUSSELL: None of our, with regard to housing, with regard to lawns, cars on the front lawns, none of this code is meant to address that. That's completely separate sections of code. This is about public health, safety and welfare of the interior. How many are safe, how many aren't safe? I wouldn't know. That's the whole purpose of this code. MR. KILBRIDE: Well, the preamble of the law talks about serious conditions arising from not only occupied rentals and the lady who spoke before me talked about some rentals that don't appear to be creating any kind of health or social issues, less than maybe owner occupied which are not part of this. but you are trying to solve for dangerous housing, houses that don't meet code, so what, I mean of the 3,000, how many do you think that equates to? SUPERVISOR RUSSELL: I have no way of knowing it, until the permit process is underway. You are talking about.... MR. KILBRIDE: What's that? SUPERVISOR RUSSELL: You are talking about how many are the problem? Page 70 Southold Town Regular Board Meeting October 23, 2018 page 71 MR. KILBRIDE: I had a conversation with Jill one night and she was explaining that is what this is really getting at, is the houses scattered around town where you've got locks on bedroom doors, you have got large groups of unrelated people living there and you've got, and these are unsafe houses and I get that, that's not a good thing. But you, in the process you are trying to solve for that, you are saying around 3,000 dwelling units, most of which I grant, most which I maintain are not a problem at all, most of us are here because we either own them or we rent them and we are wondering why are you doing this? why are you, you have got a police force, you have got fire department volunteers in some towns that could come to you and say these are the houses that we think are a problem, why don't we address the problems? COUNCILWOMAN DOHERTY: So we are six Town Board members here and we are often tasked with projects and I was tasked and asked to do this and I am bringing it on, the way the Town Attorney has explained to me with certain laws, with residences we can't just easily go into these places when we have a simple, verbal complaint. This will bring it all together, it will bring the police officers, the building inspector, fire departments, will be able to have better communication, they know what is out there from going to calls and you know, this brings it all... MR. KILBRIDE: I don't understand what you are saying. You have got to regulate 3,000 houses to find 100 that are a problem? UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I am sorry, why don't you step back to...., I don't know what Jill's conversation with you but these problem houses, are we going to drive around and point at them? I would certainly hope we create, any legislation we create is applied evenly, throughout the entire town. Secondly, let me ask you something, with regard to unsafe conditions. How will we know until we get inside and I will give you an example. A house that was built about 10 years ago in Cutchogue with a finished basement, with a separate accessory apartment. Zero egress but for the small windows, not enough satisfactory egress. It's a brand new house, there's no problems, certainly with, how would you know it's unsafe unless you (inaudible) even though it's there. COUNCILMAN GHOSIO: Didn't it have a CO? SUPERVISOR RUSSELL: The house had a CO but the basement didn't. There's a lot of those out there. You are talking about cars and dumpsters, I think you are really misinterpreting what the goals are, of this particular presentation are. COUNCILWOMAN DOHERTY: When we do a code, we can't just cherry pick who we want to, you know, say you have to go by the code and you don't. We can't do that. It has to be all or... MR. KILBRIDE: You're creating, apparently you think there's a problem. You are creating a bureaucracy. It sounds like you are going to need more inspectors, there's going to be somebody Page 71 Southold Town Regular Board Meeting October 23, 2018 page 72 who's responsible for checking permits, reviewing them, how many staff are going to have to be added in Town Hall to administer this, both in inspection, two year permits, renewals, new applications, checking to make sure the application hasn't expired, put the person back into full renewal. There's a lot of bureaucracy here... COUNCILWOMAN DOHERTY: In the beginning it will take some doing and some organizing... MR. KILBRIDE: How many people do you hire to enforce this? COUNCILWOMAN DOHERTY: We are bringing our code enforcement office up, regardless of this rental code or not, it's for all the other codes... MR. KILBRIDE: But how many people are going to be hired.... SUPERVISOR RUSSELL: You are asking how to enforce this, how do I know what compliance is going to be. In other words, it's a little bit cynical to think that most of the public, we generally get substantial compliance on any code we pass. We've had some issues, no doubt but we generally get substantial compliance. But this code, if it's adopted then we will find out. MR. KILBRIDE: But in the meantime, you've put 3,000 homeowners in a situation of having to figure out how to get this done without apparently appropriate staffing. I mean, I will tell you my experience in the private sector, you are government folks, I am not but people came to me with a proposal where they didn't understand the size of it, the cost of it, the resources they are going to need to apply it, it wouldn't get passed. You need, how can you do this without knowing the size of this, I just don't understand how you can approve a law without understanding the scope, the cost or the impact. MARIE BENINATI: I am Marie Beninati, I live in Southold. I am a realtor and I have already expressed my opinion of this code and I thank you, sir, for what you said because I was going to say pretty much similar things. This legislation intent does become part of the law, right? SUPERVISOR RUSSELL: It is the purpose. MS. BENINATI: Right. Talks to dwellings that are inadequate size, over-crowded, dangerous, tends to promote deterioration of the housing stock, blight, and on and on and on and my question was similar to this gentleman's, have you studied it? Do you have a study? I can tell you this, I am a realtor, I do rentals and it's very rare, very rare, now you might say that those people that have these horrible conditions don't call a realtor and that's probably true but it's very rare that I see units, rental units that are in these types of conditions. I would say a fraction of a percent, so I think it's a good point that yes, you have a good intent, no argument but is this the only way to deal with that issue that you are concerned about? Is it the only way? And do you impose laws on people and take away their rights and you are taking away rights when you do this without really studying it properly, so I think you should study it. I think if it is a major problem, then we should do something about it. I don't think it is a problem. I can tell you a Page 72 Southold Town Regular Board Meeting October 23, 2018 page 73 story, I live next to a home that has eight individual units, (inaudible) that had outside entrances to the rooms through the window. It was outrageous. It was constantly being brought to the attention of the authorities, the fire department etc. Well, eventually, there was a fire and luckily it was during the day and no one was killed or died or was injured but still it was an outrageous condition. The fire department report that I read described the conditions and still, nothing was done. The person was done. The person was supposedly threatened with fines and still, nothing was done. So I think that there's a lot more to this than putting something on a piece of paper or writing a code or charging a rental fee or asking to see a CO and I said this before. The fire department, they know who the offenders are. Do something about it. If we are really are concerned about safety, if we are really concerned about people being in a safe place, then take care of what we know now. I am not arguing that you shouldn't look at this, study it but I do think that it's kind of unsupported and I support the statement. I also have a couple of additional issues, the presumption of rent whether it's a relative or not, if I have space and I don't charge them rent, you are saying that you presume that I charge and I have to prove and tell me how you prove that you don't charge someone rent, I don't really understand how I am going to do that. That's one, rental permit and application that include the number of rooms and the dimensions of each room, why do you need that? rental permit that include the maximum number of persons, that sounds very good but then there are bad housing rules and there are children and we find ourselves saying well, the maximum is only three and the people who want to rent have children so it's more and suddenly you are going to require it to only be three because that's what it says in the permit, I think you have to look at that as an issue. I know Pat talked about the B&B's and (inaudible) which I think definitely you should exclude. The broker/agent responsibility, with all due respect I don't see you doing this for plumbers, carpenters, other people (inaudible). As realtors, we have a code of ethics, we follow our code of ethics. If there are some realtors that don't, well, that's some other issue. But I don't need the town telling me what I need to do to do my job right, I really am personally offended by this and I think if you are going to zero in on brokers, you should zero in on all the people who are involved with these rentals. Same with the penalties, you use the term any person, so any person or association that violates any provision of this chapter shall be guilty of a violation. So how about the person who places the ad in the paper? Are you going to hold the newspaper responsible because they placed the ad and they didn't know it was an illegal rental? Are you going to hold somebody that did a repair or maybe even created the apartment, they don't know it is an illegal rental. I think you should take this out. I think the owner, if you are going to have fines, the owner of the property should be fined. Not all the ancillary other people. And the word any, is too broad. Much too broad. That's it. SUPERVISOR RUSSELL: Marie,just so you all know where I am coming from. I have a lot of reservations about requirement for a rental permit. First, when I said 3,000 I didn't mean to imply 3,000 houses. I meant to imply 3,000 dwelling units. Houses that are year-round, houses that are seasonal, houses that are monthly, apartments, accessory apartments, finished garages, apartments over stores, that's really what I am talking about. But ultimately everybody keeps saying the same thing, look, you have these problem houses, go after them and leave me alone. I just don't think this Town Board is in the position to start legislating based on favoritism. That's what it sounds like to me. Also, you said something about taking away rights. Who? How does this negate rights of any kind? It doesn't stop rentals, it doesn't prohibit you from having rentals, it doesn't do any of those things. Page 73 Southold Town Regular Board Meeting October 23, 2018 page 74 MS. BENINATI: Well, you are creating a second class of people. I have a rental and I have to go for a permit and I have to show you my certificate of occupancy and I have to do this and I have to do that, you don't have a rental, so you don't have to do it even though you own a house. COUNCILWOMAN DOHERTY: But you still have to have a certificate of occupancy. MS. BENINATI: Right. You have to have that now. COUNCILWOMAN DOHERTY: Right. MS. BENINATI: Nothing changes. COUNCILMAN GHOSIO: There's lots of businesses that require permitting and licenses, I don't see this as any different than me having to get a license from Suffolk County to be able to deliver fuel oil. MS. BENINATI: Get a license for everything. You will find this town will be far less populated in the future. You really have to think about how people live in this town and what they do and how they feel and the more legislation, the more you tighten up and the more fees you charge, and I do understand that the fees are meaningful, the less people are going to find this an attractive place to live. I have been to these homes, I do rentals, I don't see anywhere near the plight that you are talking about. COUNCILWOMAN DOHERTY: Thank you. KATHLEEN KNAPP: I will be quick. Kathleen Knapp, I live in Laurel. I do have a rental. I rent my home. I think you have put this big net over all of us and it does not apply to all of us, it is, I believe as the first gentleman said, it's a police issue. Let the police do their job. There's a complaint, the police should be called. I have no faith, and this is from experience, in the code enforcers. I have been dealing with them since 2014 with the Brushes Creek situation, Mr. Frank Kelly. I am sure you are all familiar with that. Nothing has been done. SUPERVISOR RUSSELL: I am going to disagree. We have issued violations, we have gone to court... MS. KNAPP: Yes but it continues to go on. It has been going on, well, we won't get into that, since 2014. SUPERVISOR RUSSELL: Fair enough. Fair enough. MS. KNAPP: Yes, it is. So code enforcers, please. And you do have to have a budget for this and that obviously you haven't presented to us because it would be a big budget. Thank you. UGO POLLA: Ugo Polla from Corey Creek. You know, I am listening to a lot of stuff around here and I am listening to it and I am saying to myself, we are talking about residential Page 74 Southold Town Regular Board Meeting October 23, 2018 page 75 properties. Single unit, residential property. They want to break it up, they want to rent. What are we really talking about here? We are talking about money. That real estate person there is talking about money, she is talking about her livelihood, she is talking about making it easy for her to do her business, to do her real estate business. I own a single home, it's to my interests, what about my interests? I don't want a neighbor coming up there and all of a sudden, I moved in, I know my neighbors, I know who they are, now all of a sudden my neighbor decides they want to rent. Well, I didn't buy the house because I wanted to be with some renters. I bought the house because I wanted to know my neighbors. That's one point. the other point is and we are talking about residential property, the other point is and every one of you know, you know it, whether you want to admit it or not, you know that there has been in the last 10, 8 years whatever, there's been a problem with the investments, with what do you do with your money? When you have got money, you want to invest it. And what's the problem, there's been no interest paid on savings, so people have been looking for opportunities to put money into and what has the opportunity been, it has been buying houses over here, not to live in them but to rent them. How many houses over here are strictly bought to summer rent, to rent weekends, to do whatever, so any attempt to try to disincentivize that, I am for it. Because that ties in with affordable housing, why are kids moving out? Because there is a big demand for houses to speculate, to rent, to make income out of that. so there is another aspect out of that. that some of the houses that are available, that are being sold, are being bought by, you want to call them speculators, you want to call them whatever, when the economic situation turns around and you will be able to get six and seven percent on certain types of safe investments, those houses will probably come back on the market. But right now, that's the situation as I see it, in my humble opinion. What's the other thing I wanted to point out, yes, the young lady, the real estate person was talking about rights, her rights. Well, what about my rights about trying to have some kind of situation where I don't have to worry about if a house is sold, is it going to be turned into a rental unit. The other thing is the complaint about the money, that was the other point, the $100 fee or whatever it is, folks, when you are renting property, you are making a pretty good rental on it, whether it's by the month or the day or it's by the year, you are getting a pretty good rental on it, so I would humbly suggest that you are getting money from rent; $100 a month or the year for that license or two years, whatever the hell it is, I don't think that's asking a heck of a lot. So, that's my point of view. SUPERVISOR RUSSELL: The conversation really needs to, everybody needs to address the Town Board not each other. JIM GLOVER: Jim Glover, Cutchogue. So I am a little bit late in the game to understand this proposed law. I just read for the first time today, read it again, really tried to understand it. 1 have concerns about what I understand about it, now even more having been present here tonight. I do feel concern about the level of added bureaucracy, this will clearly add to town government, to our taxes, this is not a small task. I don't think anyone clearly knows how large a task it is, it sounds like. But this is no small task that the town will be undertaking and it will be an ongoing process, from what I understand, a two year process. Two year permit requires an inspection every two years I assume. And the number of units, Scott, that you mentioned, I have a hard time understanding how current staff would be able to handle that load which means added hires to the town which means more taxes for everybody. I don't think there's a way Page 75 Southold Town Regular Board Meeting October 23, 2018 page 76 around that, from what I can gather from this so far. So I am concerned about government expansion. It does also seem rather burdensome for the large pool of rental homeowners and rental unit owners, the fee does seem rather high, Jill, that you mentioned you are thinking of for this, $100. COUNCILWOMAN DOHERTY: Per year. MR. GLOVER: So that's, just now that that will be passed on to the tenants, okay? It's business, you know, you are a landlord, you are in business. COUNCILWOMAN DOHERTY: Sure. MR. GLOVER: You will be inflating the rental rates that people will be paying for such units. COUNCILWOMAN DOHERTY: One hundred dollars, they are going to be inflated for many other reasons. I rent and rent goes up, for whatever reasons and I feel that $100 a year really was going to make that much of a dent into that. There's many other reasons why landlords raise the rent. They don't need this reason to raise the rent. MR. GLOVER: So this will be a reason, though, to raise rent. Every dollar goes towards the calculation. COUNCILWOMAN DOHERTY: Sure. MR. GLOVER: The reason why I bring that up is because more than anything, I see this related to affordable housing in that the legislative intent the description of unsafe dwellings, over- crowded and so on, I believe directly relates to the lack of affordable housing out here. As a business owner with employees, I know how hard it is for folks making $15 an hour to afford living out here. And it's because there's almost no rental units available. It's such a tight market, I know personally because I have attempted to help some of my employees to find housing. And to find anything that's at all decent is going to cost someone more money than they can afford when they are a lower income employee of whether it's a nursery, whether it's a restaurant, whether it's a contractor. Someone brought up keeping our children here and the challenge that comes from the lack of affordable homes out here that your children can hopefully buy to stay out here and I hope the same for my children. I think even more acute is the problem we are facing for workforce housing. There's many businesses out here that rely on lower to middle income positions, myself included that I fear for the future of my business for many reasons but one of the reasons is the lack of affordability to live here. I am looking to hire an assistant manager right now and I am expecting to pay a good price for the right person and I am told that that's even low for what it costs to live out here. So even in a managerial position, I am concerned about staffing my business and even more acute is staffing the more entry level positions of my business. So the conditions that are supposedly the intent of this legislation reflects, I believe, the lack of affordable housing out here and that's why maybe you have too many people living in the house in unsafe conditions. It's reality. They have to live somewhere. So I, you mentioned affordable housing efforts the town has taken, Scott and I applaud that. Page 76 Southold Town Regular Board Meeting October 23, 2018 page 77 Accessory apartments. I personally haven't seen myself, the fruits of that. in the efforts I have undertaken to find housing for employees out here and I do believe that not only are we losing our children but we could be losing businesses in the future from lack of finding help who can live in our communities. We will be forced to have people commute from far away, just like what happens in the Hamptons. And with that, we are going to add to our traffic woes which are already a problem. so although I understand the intent of this legislation, I do have concerns about the level of additions to our bureaucracy and I implore the Town Board to vastly increase your efforts to improve our affordable housing out here because these conditions that are the intent of this legislation, looking to avoid these conditions. If we had more affordable housing out here, these conditions would be much lessened. Give people places to live in safe conditions and you are not going to have this problem. So I urge you as a Board to focus more sharply on increasing our affordable housing units, from accessory apartments to houses that can be rented more affordably. Thank you. SUPERVISOR RUSSELL: Thank you. I do appreciate everything you said and agree with a great deal of it but one thing I would say about adding bureaucracy, we have sat here over the past few years and we have stripped away bureaucracy time and time again. there was a time in order to create an accessory apartment, you needed to go through a zoning board of appeals process. It's expensive, time consuming and ultimately you can get the answer no. now, if you want an accessory apartment in your home, you walls over to the building department and you get a building permit. No requirement for reviews, no requirement for anything other than what you would do for a normal building permit. That's it. So the issue there is we have actually allowed you to make an accessory apartment in the home, we stripped away all the bureaucracy, now we are saying you created the accessory apartment, let's make sure you get a rental permit and make sure it's paid for $100 year. COUNCILWOMAN DOHERTY: And I've tried to make this the simplest form that it could be. MR. GLOVER: I would just say that there's a greater level of effort, there's more that could be done. SUPERVISOR RUSSELL: Yes, I agree. COUNCILWOMAN DOHERTY: Yes. This is not going to solve our affordable housing problems or anything, we are still working on all of that, separate. We are working on so many different levels of housing right now. This is just one of them that we are talking about tonight. SUPERVISOR RUSSELL: Unfortunately, you are right. It's not going to do anything about the affordable housing crisis. And we do have to step up, certainly we are trying. But I agree with you, a lot more needs to be done. And we might have to look at more permissibility in the code, we have permitted the accessory apartments, we have allowed second structures to be turned into residential housing for the first time ever in Southold Town but again, we have got to be creative and look at more options. I agree with you 100 percent. Page 77 Southold Town Regular Board Meeting October 23, 2018 page 78 MR. GLOVER: The density reduction, relaxing density restrictions in certain zones I think is an obvious step and I don't think, maybe I am wrong but I don't think anything has been done in that direction. SUPERVISOR RUSSELL: We actually have. COUNCILMAN DINIZIO: Well, just today, if you look at three resolutions concerning Vineyard View in Greenport, it's going to add 50 affordable units for at least 50 years. And they did get a density increase because of what they chose to do, so it can be done. SUPERVISOR RUSSELL: We've also changed the code, under the prior affordable housing district code, you're allowed up to four units per acre, now it's up to six. We've also recently adopted legislation that allows someone to take commercial property and create it as a residential, multi-residential use, as a principal use. Under the old code it could only be accessory to an established business under the new code that has already been adopted, you can take a structure, particularly a lot of the houses you will find in the commercial zones and you can turn them into essentially an apartment for up to six units. So we have taken steps but I agree with you, I feel like we are doing all this stuff and we are just not seeing it. As someone who has been in the rental market for my family, I can tell you it's very tough, it's very expensive and it's not just the cost of the rental housing, it's the simple lack of it. That's worse. MR. GLOVER: Right. Right. MS. KNAPP: Just one more question. The $100 is for one year or for two years? COUNCILWOMAN DOHERTY: $100 a year. MS. KNAPP: Alright. Is there a fee for the inspector? COUNCILWOMAN DOHERTY: The choice is up to you. You can have somebody from the town inspect, so there is not a fee or you can hire somebody else, a licensed engineer or architect or fire marshal. You have the choice to hire your own person to inspect but if you choose to have the town inspect, it's no charge. MS. KNAPP: And he is the same person who gave me my CO? COUNCILWOMAN DOHERTY: I don't know which person it would be, it's the same department. MS. KNAPP: It's the CO that I've got. SUPERVISOR RUSSELL: Inaudible. MS. KNAPP: So it's a repeat. The CO. Page 78 Southold Town Regular Board Meeting October 23, 2018 page 79 COUNCILWOMAN DOHERTY: What we need to do is make sure your CO is still valid. Make sure you didn't make any substantial changes that would invalidate your CO. MS. KNAPP: Okay. MAUREEN MOONEY: Thank you for your patience with all of us, too. I am Maureen Mooney, I am from East Marion. Last meeting that I attended, you had not figured out which department was going to be handling the inspections and how this was all going to work, has that, as a mechanical kind of question, has that been ironed out in terms of are the inspectors coming from the building department, are they coining from.... COUNCILWOMAN DOHERTY: Well, right now the code enforcement department is under the Town Attorney's office and the code enforcement and the building inspectors all are certified to do these inspections. So it will be, all those inspectors will be able to do those inspections. MS. MOONEY: Okay and what are the logistics in terms of trying to get your name on a list to get an inspection? COUNCILWOMAN DOHERTY: You would fill out an application and you bring it in and your name goes on the list. MS. MOONEY: Okay and so the applications are currently available? COUNCILWOMAN DOHERTY: Not currently, until we pass the law. But it's going to, approximately a two-two and a half page application that we ask the questions and we will have that when we pass the law. MS. MOONEY: And you are anticipating that will be next month, next year? I mean, when do you think that will be? COUNCILWOMAN DOHERTY: I don't know. SUPERVISOR RUSSELL: The adoption of the law would depend on first of all, if we chose to close the hearing tonight, we could vote tonight. We can vote in two weeks, we can continue to keep the hearing open and continue for another two weeks, all of those things depend on how we wrap up the hearing tonight. With regard to pre-printed applications, that would have been a presumption that the legislation would have been adopted as drafted and that's not a presumption any of us want to make. We want to make sure, printing is easy, it doesn't take us long. We certainly have plenty of printing accounts around here. But I want to point out also that the permitting process will start in January but there will be, almost likely, I don't know what you call it, a grace or an amnesty on enforcement until August 1. MS. MOONEY: But as we know, especially with town projects, things move at a slower pace and so that if we have 300, theoretically 3,000 homes that have to be looked at, and everybody Page 79 Southold Town Regular Board Meeting October 23, 2018 page 80 says well, I am putting enough money up for the permit fee, I want the town to do the inspection, you are going to be also over-burdened in the amount of people seeking that.... COUNCILWOMAN DOHERTY: We are prepared to handle that. We are going to take it as it comes and handle and if we need to get more part-time people, we will. MS. MOONEY: Okay, but you will publicize when the permits are available. COUNCILWOMAN DOHERTY: So when and if this law is adopted, when it's registered with the state, that's when the law takes effect and that applications will be ready at that point. They will be downloadable on the website like any other application and you can start applying as soon as the law takes effect. But we are not going to enforce any violations until August ls`, to give people time to get the law out there. SUPERVISOR RUSSELL: Adoption of the budget, if and when it is adopted as is will create the position of fire marshal that would add to the inspection capability, with respect to added cost to taxpayers, people need to remember that the permit fees create revenue. That will offset the cost for the fire marshal. MS. MOONEY: Good luck. LEROY HEYLIGER: Leroy Heyliger, Mattituck. Who do we go to, to find out who a new homeowner is and if he is renting it out, which is what's happening in my case. My next door neighbor passed away, he was the commander of the VFW in Mattituck, he passed away suddenly and his family sold the house and when I heard it was becoming a rental, of course, it was owner occupied, he lived downstairs, upstairs he had a rental and the real estate agent, I told him, I heard it was going to be a rental and the real estate agent said, well, and I said it has to be owner occupied. And he became very evasive about it and he said there's ways to get around it. Anyway, how do I find out who the owner is and if it is legitimate? If he has a permit? SUPERVISOR RUSSELL: Well, first, no permit exists right now, so you wouldn't be able to do that. With regard to the new owner is, you would go to the Assessor's office, talk to one of the Assessors over there. They will be able to research and pull out the deed and identify the new owner. With regard to the intent of the new owner, no one knows what the owners intent is. If it has a unit downstairs and a rental upstairs, under the current code, it should be CO'd as a two family, depending on the circumstances. Again, I can't, you are asking us to speculate on someone, a new owner to a property that we would simply have no idea. It's one of those things, when someone buys something, you don't know what they are going to do with it until they do it. Like in any aspect of real estate. MR. HEYLIGER: But he's already, right now, there is rentals in there, upstairs and downstairs. But he is very evasive as who owns it. SUPERVISOR RUSSELL: The ownership is a matter of public record and that would be in the Assessors office, if they have gotten the deed. I don't know how recent the sale was, there is a Page 80 Southold Town Regular Board Meeting October 23, 2018 page 81 delay of getting deeds to the town because of the volume of real estate transactions. But you can get it from the Assessors office. You can probably get it pretty quickly. MR. HEYLIGER: So we don't know if he has a permit or not? SUPERVISOR RUSSELL: Well, there is no permit that exists right now, what he would technically need would be a CO for a two family dwelling. And that would be the building Department. MR. HEYLIGER: Thank you. SUPERVISOR RUSSELL: Yes, please. MARIA SANTIGATE: Maria Santigate from Mattituck. I do not have any rentals and I do live in my home full-time. But did you guys come up with, maybe I didn't hear it, did you come up with a budget amount for this whole new process? For the code enforcement officers. You said two and a half bodies and.... COUNCILWOMAN DOHERTY: We have not come up with a budget regarding this, regardless of whether we are going to be adopting a rental code or not, we are putting, we are going to replace. We will have two and a half code enforcement officers. We don't need the code enforcement officers just for the rental code, we need them for everything else. We just started our code enforcement department a few years ago, so we have a short-term and long-term goals with the code department. In 2020 we will probably add another code enforcement officer. MS. SANTIGATE: What do we currently have? COUNCILWOMAN DOHERTY: We have one and a half, well, we have two and a half positions, one retired, so we are in the process of filling that, so we will get back to the two and a half. MS. SANTIGATE: So with the current code enforcement bodies that we have and those are bodies that are just administrative or out on the field? COUNCILWOMAN DOHERTY: Both. Both. So we have two and a half code enforcement in the department and we also have building inspectors and with the 2019 budget, if it's passed, we will be hiring a fire marshal. We will be adding another one because we need a fire marshal for other commercial buildings and other things, so that person will be able to do these inspections as well. MS. SANTIGATE: I am 150% in favor of the fire marshal and I am also in favor of affordable housing. I will say that it might be a little pie in the sky, thinking that you are going to be able to handle this with the numbers of bodies that you are suggesting, if you are suggesting that there are 3,000 units, at $100 that's $300,000 and so, that would I presume, be the budget that you are Page 81 Southold Town Regular Board Meeting October 23, 2018 page 82 thinking about because you had to come up with something. You have to come up with a budget. And by the way, thank you Jill for doing this, I would not have wanted to do this task... COUNCILWOMAN DOHERTY: Neither did anybody else. MS. SANTIGATE: I am sure that you know, I would have to hit the hairdresser more than once a month if I had to do this but I think that once you adopt this, first of all, we will never get rid of it because that's just the way,government is, once you adopt something you never get rid of it, you might play with it but you never get rid of it. I think that you .are underestimating the amount of code enforcement work that will be entailed. I know I did mention at a meeting some of you were at, once before, it was not a town meeting but that it is not that difficult to find the homes where there might be an excess of number of bodies living in that are not related. I think there might be another way to do this with your code enforcement people, I am not sure because I don't know all your laws but I do think that this is a little and I don't really want to use the word onerous, but a little onerous. Again, I don't have any rentals, I have in the past but I don't have any rentals, I haven't for a few,years so it doesn't make any darn difference to me and at my age I don't want any rentals either, I don't want to deal with it but I do think it's a little onerous and extremely difficult to implement with the numbers of bodies that you are going to put on. Since you are putting on these other bodies because you need them anyway, and you'll remember I did bring up that nobody can make CVS put the lines on the parking lot and you can't, you know, I am waiting for an accident to happen because it's been three years since I am counting, since they've striped their lot and you have code enforcement people here and it's pretty obvious since it's right on Main Road, so I don't know how you are going to handle 3,000 units. And then, if there's a time period, if I did have a rental and I did file all the paperwork and whether you're going to enforce it or not, until August, the time period that it's going to take you to get to me, well, I am not going to put a renter in there because I don't want to get in trouble, so now I've lost six months of rent... COUNCILMAN GHOSIO: As long as the application is in, you wouldn't have that problem. MS. SANTIGATE: Just because the application is in doesn't mean that it's approved. Then if it's not approved and I rented and then you find something wrong with it, what do I do? Kick my tenant out? So I potentially lose six months of rent and maybe I didn't just buy it to invest, maybe I fell on hard times and I had to go move in with my son but we are still trying to keep the house so we are going to rent it, so it's not always an investor, I have been an investor out here but it's not always an investor and things do, as we all know, bad stuff happens to good people. So that's what I mean, is sometimes it can become onerous if you try and think of all those situations. If you have people that are going to be losing money on their rentals just because of the wheels turning at the pace that it can only turn, then you are going to have a lot more aggravated people than the few that are here. Thank you. SUPERVISOR RUSSELL: Thank you. Is there anybody else that would like to, before I go to you Mr. Lademann, I would like to make sure there isn't anybody that hasn't had the chance to speak. Would anybody else like to address the Town Board? Page 82 Southold Town Regular Board Meeting October 23, 2018 page 83 JACK REARDON: Good evening, my name is Jack Reardon. I live in Greenport, I have a house in Laurel. And I have been to two previous meetings regarding this issue. Though I am not as eloquent a speaker as some of the people have spoken today, I do feel like everybody else feels here today. First of all, it is about money. Obviously it's about money for everybody in the town and the residents. And really before that, I would like to say thank you to the Town Board for representing us, this is sort of my initiatory run to see what it's all like and I wouldn't want to be up there listening to everybody and their varying points of view. Nevertheless, I am going to give you mine. So thank you for listening. I tend to be more of a list person, so I am just going to go through this and dissect it a little bit. The beginning part of it seems to be a pretty boilerplate and pretty status quo, as I read through it, it seemed to be somewhat militant in its intent and very punitive. Just in my opinion, I think it's somewhat punitive if you are in violation or perceived in violation of the law. Let's see, this is 207-5 that I am on right now, section B where it says code enforcement officials authorized to be blah, blah, blah, to assess the morals and welfare of the public, that being a sort of subjective criteria. I don't know how a code enforcement officer, even two of them, would have the same criteria for morals and welfare, so it is somewhat vague in terms of well, whose morals are we talking about and should that even part of this law or should it be more reserved to the health and safety of the town residents. Under section C of the same area, it talks about all this warranted stuff and getting an inspection, in my opinion, if someone is resistant to letting in an inspector, no permit, you don't have to go ahead and enforce an inspection... COUNCILWOMAN DOHERTY: Right. SUPERVISOR RUSSELL: That's exactly right. MR. REARDON: So I don't know why we would even have to have this in here, because all we have to say is if you don't follow A, B and C, no permit. SUPERVISOR RUSSELL: That's exactly what it is. I think people are misinterpreting C, what C says is we are making it clear that the requirement for a rental permit does not exempt us from any other requirement of going through a judicial warrant process like we would have to do under any other circumstances. What we are saying is, this doesn't give us or invest us in any new authority or right,to do an end run around due process. That's the whole point. I think people are misinterpreted. MR. REARDON: I think it's being misinterpreted because of its wordage. It should probably be stated more simply, like the lay person I am, no tickee-no shirtie, that kind of thing. I don't get the permit. The presumption of rent, we have heard numerous people talk about that. we all go way back around here bartering and I don't know if you consider that a.'valuable thing in terms of a presumption of rent but I come from a big family and we do that kind of stuff and I have done that stuff in my business and you know, anyway, that shouldn't be calculated as a presumption of rent, in my opinion. For a service or you are just trading with friends. Down in 207-7, rental permit required, paragraph B, rental permit application requirements, required a CO, that's great. You require a description, is that a verbal description? A written description? A description on 1/4 inch graph paper to scale, is it drawn on the back of an envelope? Page 83 Southold Town Regular Board Meeting October 23, 2018 page 84 COUNCILWOMAN DOHERTY: Can I clarify this because it has come up a couple of times tonight. Under New York State building code, the dimensions of a room dictates how many people can be in there, that's where it's coming from. And that's why we ask this. MR. REARDON: That's the description of the units? COUNCILWOMAN DOHERTY: Yes. MR. REARDON: Okay. Can you tell me the number of people per square foot or how they regulate it? COUNCILWOMAN DOHERTY: Off the top of my head, I don't know that but that's in the New York State building code. MR. REARDON: Okay but the permit application requires a description of the premises. COUNCILWOMAN DOHERTY: Right., MR. REARDON: Of what form? COUNCILWOMAN DOHERTY: Written. MR. REARDON: Written? Okay. I am familiar of the Southampton Town process of which this is a pretty paralled process and image of and okay, so I am using that as my reference. You ask several times, there's going to be several times for us to address our names, address and now we have to sign an affidavit to that. So I think one time is enough. The code enforcement officers/fire inspector, whoever is doing the inspection and I want to make sure that I am clear on this, that they are coming in to inspect what exactly? COUNCILWOMAN DOHERTY: To make sure that your current CO is still valid. MR. REARDON: That's it? COUNCILWOMAN DOHERTY: Yes. MR. REARDON: Okay. No one is looking at the electrical box? COUNCILWOMAN DOHERTY: That is part of the CO. MR. REARDON: Mmm, part of the CO. It doesn't say anything about 'electrical inspection. I don't believe so. SUPERVISOR RUSSELL: You should have had the underwriters issued when you got the CO. MR. REARDON: I got that. Page 84 Southold Town Regular Board Meeting October 23, 2018 page 85 SUPERVISOR RUSSELL: But there are issues with regard to, there will be, the fire marshal is going to make sure everything is still in compliance. That the CO is basically still covering what's there but we also have issues with smoke detectors and carbon monoxide, those, there's a safety issue.`There's a compelling issue why (inaudible)... MR. REARDON: Inaudible. SUPERVISOR RUSSELL: Why he shouldn't ignore that. MR. REARDON: I am 100 percent in favor of and I think that's probably what the purview of what the inspection should include in my residence. That's the safety. COUNCILWOMAN DOHERTY: That's under the CO. MR. REARDON: That should stop there. There should be no reason for them to inspect my sanitary system unless there is an issue. My electrical system has already been done. Plumbing system.... SUPERVISOR RUSSELL: None of that is in here. COUNCILWOMAN DOHERTY: No, it's not. SUPERVISOR RUSSELL: None of that is in here. None of that's in here. MR. REARDON: None of that is in here, not a single inspection has been done yet.' you don't know the purview of the inspectors, they might decide, well, I don't like the look of that. That looks like its weeping, that looks like it has got mold, you never know. Then the homeowner is in for some mitigation, for some expenses. And like I said in the beginning, this is all about money. Okay,the renewal of the permit application, we have got to renew every year? COUNCILWOMAN DOHERTY: Every two years., MR. REARDON: Every two years, so we apply with the $100 fee and it's good for one year? COUNCILWOMAN DOHERTY: So you pay $200 and get a two year permit. MR. REARDON: Okay. What was the $100 for? .COUNCILWOMAN DOHERTY: $100 a year. MR. REARDON: Oh, so the initial fee is really $200 for two years. COUNCILWOMAN DOHERTY: Right. It's a two year permit. Page 85 Southold Town Regular Board Meeting October 23, 2018 page 86 MR. REARDON: And at the end of that, you have to resubmit 90 days ahead of time. And will there be a re-inspection upon the application? COUNCILWOMAN DOHERTY: Yes. Yes. MR. REARDON: And this is to make sure I haven't altered my CO? COUNCILWOMAN DOHERTY: Correct. MR. REARDON: And that presumption is being made on what? Why am I being presumed I altered my CO when I am just conducting business? COUNCILWOMAN DOHERTY: So then you should have no problem with us inspecting again. MR. REARDON: Why should there be another inspection which incurs more code enforcement officers which incurs a larger budget which increases our taxes which increases the rent? Makes affordably housing less affordable. SUPERVISOR RUSSELL: I am sorry, you lost me on that. The reason for the inspection every other year is to make sure people haven't made substantial alterations, which incidentally happens all the time. In fact, I had a discussion with the Southold Town fire chiefs council the other night about this, about houses being divided up on the inside. The inspection in say January 2019, the interior of that home, might not be the same in 2021, that's the reason for the revisit every other year. MR. REARDON: That's true. But Scott, in all good interest, the discussion you are having with somebody regarding that topic does not apply to the entire town. I own a house and I have not made any changes in it... COUNCILWOMAN DOHERTY: Well, the inspection.... MR. REARDON: I don't think the town should presume that the house has been altered to the point where they need to re-inspect. COUNCILWOMAN DOHERTY: Yes, but we have to apply laws evenly. We can't just assume, oh, we trust him so we are not going to inspect him. Oh, I don't about that guy so we'll inspect him. MR. REARDON: I am not asking you to apply your laws separately. SUPERVISOR RUSSELL: Why should we presume that you haven't made alterations? MR. REARDON: Why should you presume that we are making alterations? Page 86 Southold Town Regular Board Meeting October 23, 2018 page 87 SUPERVISOR RUSSELL: We are verifying that you haven't. We have no presumption. What we are doing is verifying that you haven't. Why would you presume that you hadn't, why would we presume that anybody hasn't. You know, what I am hearing, one of the things that kind of bothers me is hey, we are the good guys leave us alone, go after the bad guys. And I don't know how you do that as part of the Southold Town code and frankly, I don't want to live in a town that starts saying we are going after him because we think he is up to no good but you know what, they are okay, let's ignore them. That's not how town government should conduct itself. Absolutely not. MR. REARDON: I wasn't alluding to that and if you interpreted that, I apologize for... SUPERVISOR RUSSELL: It seems to be a recurring theme this evening. MR. REARDON: No, I don't think I said that though. SUPERVISOR RUSSELL: No, fair enough. MR. REARDON: So where were we? Okay, the revoking of a permit. So now we are going to revoke a permit and I get 90 days for excuse me for a moment, so the permit could be revoked for reasons of morals and welfare based on thehome, the code enforcement officers inspection. And then I would have to apply for a you know, reapplication or re-upping of my application or permit. So the revocation of the permit seems somewhat ehhh to me, and the appeal process is an additional fee of$200 for responding to a summons I received from the town based on what could be just an interpretation not necessarily a health or safety, something that it truly deserves a permit revocation. So that seems a little vague as well. The penalties, if we could go to 207-12 and please don't take this personally but they are ridiculous. A fine of no less than $500 and up to $5,000 for the first occurrence, that's crazy. That really does push affordable housing out. If somebody is a systemic violator, than yes, they should be penalized but that seems like an excessive amount to me. And a second violation of$1,000 to $10,000, probably put people out of business. You know it might make people be like, I am just going to sell my house and do what everybody tells me to do. COUNCILMAN GHOSIO: Just for clarity, I am trying to draw the parallel that you are, that somehow the size of the fines relate to affordable housing, I am not getting that. MR. REARDON: As a businessman, if I am fined and I think it's for something like if I put a confederate flag in front of my house, now that's a moral thing, alright? COUNCILMAN GHOSIO: Depending on however you look at it. MR. REARDON: Depends but whatever, it's my house, it's my property, it's_my right to say what I want to say I can say it and you guys (inaudible) now, that's a fee that I have got to pass down the road. That's just an example, I am sure there are other examples that are out there. Page.87 Southold Town Regular Board Meeting October 23, 2018 page 88 SUPERVISOR RUSSELL: I would say that certainly that's a fair point. I just want to clarify that that's actually consistent with every other aspect of the Southold Town code with regard to the minimum, the floors and the ceilings that are created by fines. That is consistent with most of chapter 280 which is what a lot of the fines are like. COUNCILMAN GHOSIO: Yes but I am trying to get somewhere with this, I am still not drawing that parallel because assuming, presumes that you have affordable housing to begin with. I think if you asked most anybody here, there aren't any affordable rentals here in town anyway that would be affordable unless they violate this anyhow. Do you understand what I mean? MR. REARDON: Can you say that again? COUNCILMAN GHOSIO: I don't see how it would relate because we are not really talking about affordable housing and affordable renting here because there really isn't any affordable rentals available, that's part of the problem. MR. REARDON: Bob, what do you consider affordable? COUNCILMAN GHOSIO: Well... SUPERVISOR RUSSELL: Southold Town has criteria. COUNCILMAN GHOSIO: yes, we have criteria but I mean, just offhand, $1,000 a month, $1,500 a month, it depends upon you know, Mr. Glover's employees make whatever they make. My employees may make more than that, so it depends upon.... MR. REARDON: So it's a relative term. COUNCILMAN GHOSIO: It's a relative term, but I can tell you at $500 a night which is what they are getting for some weekend rentals and short term rentals or $5,000 a month for a three bedroom ranch is not what I would consider affordable or workforce housing. So, you know, if you are in violation of this and you get hit with a $500 or $5,000 fine, at $500 a night for weekends and short term rentals, that's just the cost of doing business. MR. REARDON: Well, I am not doing that business. I have an annual rental and I am renting it for as little as I can to tow its own weight to people that work very hard around here and if I were to be slapped for a fine for what I consider to be irrelevant, that is an additional cost of doing business and that is going to be passed on to the tenant. It has to be. COUNCILWOMAN DOHERTY: Well, if you don't violate, then you don't have to worry about that fine. MR. REARDON: If we don't have code inspectors that have a completely uniform belief in what they are inspecting... Page 88 Southold Town Regular Board Meeting October 23, 2018 page 89 COUNCILWOMAN DOHERTY: Your CO spells out what you have. And they are going to go in and say if you have this, this or this, you are good. MR. REARDON: I understand, I am just trying to state for us, we don't need any more fees, we don't need to be like oh, this, oh, this. COUNCILWOMAN DOHERTY: And that's why we are trying to make it $100 a year which is very minimal in my book. I rent' and if my landlord raises my rent, I am going to consider moving in with my parents at 54 years old. That's what it is out here. And this is not a rental code for affordable housing and that's going off what we are here for. We have affordable housing issues that we are constantly struggling with every day and there's regulations from the federal government to the state to the county that people that want to do affordable housing have to consider, so this is not part of affordable housing, this is part of doing a rental code for the town. MR. REARDON: I understand. We are renting to the ,people who are considered affordable housing tenants, so that's why it is being brought up. Thank you. Okay. The implementation of the law, I see it is going to be implemented when you vote on it and there will be no penalty imposed until August 1, 2019. At the previous meeting, everyone asked that it be postponed, implementation until 1/1/20. And that seemed to be a good idea, give everybody time to ramp up and figure out and I am going to restate that request, it was made by more than one person, that the implementation regardless of when the law is passed doesn't happen until at the earliest 1/l/20 and then a grace period as you state for as the inspections go through and stuff like that. Okay? It gives everybody.more lead time which you are going to need and it gives you processing time which too, as we have heard, you are going to need. The transfer of the permit to subsequent buyer, haven't addressed, I mean that has been spoken about but it needs to be hammered out if there's going to be a refunding of the fee for the number of the months you have not used the permit or if it's going to be transferrable to a home purchase or something to that effect and except for, that's pretty much it. I do want to state that I did write a letter to each Town Board member requesting that I, I volunteered to help draft your revisions since the last board meeting and I heard nothing back from anybody so now I am going to say verbally that I am hoping you do not vote on this law tonight and that you take some input from the community residents that want to have input, I mean, looking at the attendance tonight it's about 15 to 2 of people who don't want it versus people who do want it, so it looks like some revision might be necessary. Thank you all for your time. COUNCILWOMAN DOHERTY: Thank you. SUPERVISOR RUSSELL: Thank you. I would,say that was a fair point, I do hope that people recognize that this has been scaled back so often that we really do take the public hearings and the input from the residents very seriously, if we didn't have separate meetings to include, I know Tom, you have offered and stuff, well, then we are remiss but we really have taken a substantial amount of public input and produced a law that has been scaled back a great deal based on your contributions. Page 89 Southold Town Regular Board Meeting October 23, 2018 page 90 MR. REARDON: Thank you very much. I know that that's your job as our representatives to take our points of view in mind and should you have a meeting where there's a revision, I am available if nothing else,just sit in the room and eh. SUPERVISOR RUSSELL: Okay. I just want everyone that hasn't spoken to go first. MR. LADEMANN: Scott, I happened to last night go to the Southold Town Chief's Council meeting and the guys want the fire marshal job, they are all for it. I mentioned I was coming here tonight and the problems and I told them the last meetings, I told them how it went that more people were against it and I you know, I got into that and told them about the meeting tonight and not one of them came and said after one of the meetings that we had earlier that they said the fire departments were for this. not one of them come to me and there were six chiefs and there were departments not only from Southold, we had one from Shelter Island and one from Jamesport but nobody said that they were backing this law, that it was very important for the fire service. I just wanted to mention that, that I did go because I always go to the meetings. SUPERVISOR RUSSELL: I had a meeting with the Chief's council Thursday night and in fact I can tell you, all, and we had along discussion as I have with them in the past and what they want is us to do something about what's taking place inside these homes because of unsafe conditions for the occupants and frankly for themselves. So we discussed on the vehicle for doing that would be a rental permit, which is how we can access the home to make sure those unsafe conditions. MR. LADEMANN: What meeting was this? SUPERVISOR RUSSELL: The meeting Thursday night at Pace's restaurant. I believe the.... MR. LADEMANN: You are talking about Southold Town (inaudible) SUPERVISOR RUSSELL: There was actually representatives from every single fire department. Every single fire department was there. COUNCILWOMAN DOHERTY: And I personally gave this, went to each fire department and gave them a copy of this and asked them to make comments, good, bad or indifferent. MR. LADEMANN: How many comments did you get? COUNCILWOMAN DOHERTY: Zero. MR. LADEMANN: Inaudible. COUNCILWOMAN DOHERTY: They want something done... Page 90 Southold Town Regular Board Meeting October 23, 2018 page 91 SUPERVISOR RUSSELL: They want us to inspect these houses and they have come to understand the only way to do that is to create a rental permit. And again, I was at the Chief's council meeting the other night and we talked about it for some time and they recognize that. MR. LADEMANN: Inaudible. SUPERVISOR RUSSELL: The Southold Fire Chief's council was Thursday night at Pace's restaurant. Bruno Semon, Norm Reilly, I could tell you everybody that was there. Every single department was represented. MR. LADEMANN: Inaudible. SUPERVISOR RUSSELL: We had, every department was represented Thursday night. MR. LADEMANN: Inaudible. TOM MCCARTHY: Good evening, Tom McCarthy, Southold. Thank you for the opportunity to speak. First and foremost, I am not in favor of the code. I understand the intention behind it, I understand life, safety, welfare of the residents of town and I applaud you for all the work you put into it. I sincerely acknowledge where we started which was something quite larger and it's been scaled back, scaled back, scaled back and I compliment you for listening to the people of the town because I wholeheartedly believe you have done that with every step and I hope tonight is another step but not a vote, another step to listen to the voice of the room and whomever has communicated with you via letters, email or what have you. I would like to speak to just a few points in the code, I would like to reiterate Pat Moore's comments earlier, we did look at the code and she submitted her notes based on the conversations as well as Marie Beninati's well- spoken words on behalf of realtors and owners in the town. There's a few things in here, one of the big issues that I see is unintended consequences and I think I spoke about that previously and I think there will be unintended consequences. One of the issues here that I see is a certification on an inspection report that we meet all applicable housing, sanitary, electrical, building, fire codes rules and regulations. We would need to get, if this was to move forward, I would suggest that it meet it at the time the CO was issued to the home. So to Pat's point earlier, if you have a CO, then we are presuming it's meeting it unless there has been some other alterations. So I would look to get some specificity in the code that would actually come out and state that because it doesn't and I think it's really a gray area. So there are new wind codes, are we certifying with the inspector or the engineer that we are complying with all of the codes or just the ones that were relevant at the time the structure achieved or would have qualified for that certificate of occupancy. I think that's a big deal. SUPERVISOR RUSSELL: I would believe so Tom, but I think you know for a while that once that CO was issued, CO'd against that house and all that's all that was required to the state building code that was required at the time the CO was issued. Alterations would change the game and you know that, too. Page 91 Southold Town Regular Board Meeting October 23, 2018 page 92 MR. MCCARTHY: Yes I understand that but this lacks specificity and I think it leaves it open to interpretation because it is extremely broad, so were this to move forward, I would really like to get it to whatever that governing document is at the time that that governing documents was issued by the town. As we know, a lot of our building department records aren't to the same standard that they are today. the ones that were issued in the late 50's, when we started zoning in '57 and go into the 60's, did not have floor plans. They had a survey drawn out on the back of the building department application. So you may just have a CO for a single family dwelling and there is no backup documentation as to how many bedrooms what have you. I think that's a difficulty and it leaves a lot of latitude for the building inspector perhaps, to give someone a hard time, not that I think they are predisposed to do that. I work well with all the building inspectors but it leaves a lot of latitude here where this is not specific. So you don't have floor plans for every house in this town. You also have older homes that would be perhaps built in the 1800's or 1700's, obviously you know, perhaps they have a pre-existing CO. Your code is talking to us about applying for the number of people that we want to have in the house. Jill, you responded to a question earlier, my question is under what standard will the building department approve that request? SUPERVISOR RUSSELL: New York State building code. MR. MCCARTHY: Okay. So I grew up in a bedroom, in a home that had a CO that's about as big as my walk in closet is right now in my home. I don't think that that would comply. Okay, today, if it was held to that standard and I believe that there are homes out there that don't have specific number of rooms that are used as bedrooms, that would not comply with today's standards. I think that's a difficulty that needs to be ironed out. SUPERVISOR RUSSELL: I would agree, Tom. And growing up and being friends with your family for years, the size of your family, the Capital One building in Mattituck wouldn't have been big enough. MR. MCCARTHY: We used to say the first one up was the best one dressed. So I think we really need to define what is that standard that we are going to hold this to, so it's not up to the subjective stance of whoever is walking into that property. So I think if this was to move forward, which I am not in favor of, I think everyone here is looking for objectivity. And I think that's what we deserve is objectivity. In addition to that, there was a revocation of permit, it says the violation of multiple residence law, this is under 207-9 revocation of permit, third line up from the bottom, a violation of 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. Can you tell me about that? What other chapters of the town code could someone have a violation on that their rental permit would be held up? COUNCILWOMAN DOHERTY: So do you remember the first copy that we had of this proposal, that had all those, that answered your question. We had all those things in this... Page 92 Southold Town Regular Board Meeting October 23, 2018 page 93 MR. MCCARTHY: Right but I still disagree with it. If Mrs. McGillicuddy has a bluestone driveway and paid to have it paved yesterday, didn't know that she should have drainage under the town's stormwater prevention code, she can't get a rental permit. COUNCILWOMAN DOHERTY: She should know the code. MR. MCCARTHY: Mrs. McGillicuddy may not know the code. COUNCILWOMAN DOHERTY: Right, so we will work with her. MR. MCCARTHY: Unintended consequences. COUNCILWOMAN DOHERTY: And we will work with them, we are not going to go give her a violation, we are going to work with her and let her know... SUPERVISOR RUSSELL: We have removed most of that from the code (inaudible). MR. MCCARTHY: I understand that but there's this one sentence in here that says if you are in violation of A, B and C or other chapter of the town code. SUPERVISOR RUSSELL: Good point. MR. MCCARTHY: That leaves way too much out there for subjective interpretation. SUPERVISOR RUSSELL: Good point. MR. MCCARTHY: It's a catchall and I think it's extremely dangerous. SUPERVISOR RUSSELL: It's a fair point. MR. MCCARTHY: Okay, so I think we really need to say if it's the health, safety and welfare that we are really going for, let's focus on the health, safety and welfare. Whether it's egress, whether it's the number of people in the unit, whether it's smoke and carbon monoxide detectors, what is it that we are looking at and let's focus on that as opposed to having a catchall that says anything else in the town code. In addition to that, I think you have difficulties if there is a revocation of the permit and the landlord has a lease with a tenant, that he may not be able to comply. I don't think that's addressed in here, you may have a one year lease or a two year lease and for some reason you are trying to comply with the code and you can't and the permit gets revoked, what do you do? You have a tenant in there, you have a disconnect between the commerce and the permit. SUPERVISOR RUSSELL: It's one of the troubling aspects of the code. MR. MCCARTHY: I believe that there should be a transfer function, as numerous other speakers discussed. There's nothing to that, so if someone is buying a home that has a tenant in Page 93 Southold Town Regular Board Meeting October 23, 2018 page 94 it, not all homes are transferred where someone has the intention of occupying it, they might want to keep that tenant in it. If we don't have a function to say that's a legal use and the tenants can continue to stay, I think that's a cog in the wheel. COUNCILWOMAN DOHERTY: That would just be they come in and change the application. MR. MCCARTHY: I think that we need to talk about that. COUNCILWOMAN DOHERTY: Well, we can make that clear. MR. MCCARTHY: This legislation, if we go forward, that there's a clear, concise method where a buyers attorney can look at your code and say yes, this is doable and you are not taking in... COUNCILWOMAN DOHERTY: Yes, we can add something in saying any changes.... MR. MCCARTHY: Should you move forward, I am going to ask respectfully that we track what's going on with it, if it does go forward. COUNCILWOMAN DOHERTY: By all means. MR. MCCARTHY: What are the difficulties, what are the violations? COUNCILWOMAN DOHERTY: By all means. MR. MCCARTHY: And I would also ask that we have a transparent process through Betty's office, through the Town Clerk, she does a great job. What other comments have come in and can the public see the other comments that have come in on this legislation through the town's website. I don't know if that's available to us but I would like to see what the rest of the public is saying about this piece of legislation. I think it's fair to everyone. COUNCILWOMAN DOHERTY: You can come and see the file. It's not on the website but it's in the file. SUPERVISOR RUSSELL: It's part of the public record. MR. MCCARTHY: We would find that on the website? TOWN CLERK NEVILLE: It's not on the website, no. SUPERVISOR RUSSELL: They would have been part of the record. If there is written communications with respect to this, wouldn't that have been read as part of the public record? TOWN CLERK NEVILLE: Yes, they would have. Page 94 Southold Town Regular Board Meeting October 23, 2018 page 95 COUNCILMAN GHOSIO: There wasn't anything in the file. MR. MCCARTHY: Mr. Reardon mentioned... COUNCILWOMAN DOHERTY: We have his letter. MR. MCCARTHY: But that hasn't been brought up until now or else until he brought it up, what else is part of the.... SUPERVISOR RUSSELL: His letter to offer to work with us after the previous legislation which was in fact not acted on, writing emails offering to work with the Town Board isn't part of the public record. Part of the public record is specific comments regarding specific piece of legislation, the public record is part of the public hearing. MR. MCCARTHY: Okay, I don't know if there's been any other communication that perhaps I can reach out, so there's nothing else in the public record. COUNCILMAN GHOSIO: There wasn't anything in the file. MR. MCCARTHY: Okay. What is the limit of the building inspectors permissions on that property? Is it to the dwelling unit that is seeking the permit? Is it to the rest of the house, is it to an accessory structure, is it to the yard? What will we be giving permission to, once we sign that application, can that building inspector have full run of our entire property? COUNCILWOMAN DOHERTY: It's what you are applying for. If you are applying for one unit, he is going to make sure that one unit has the CO. MR. MCCARTHY: So this is going to be addressed on a dwelling unit, not on a physical address. So it it's got a swimming pool, if it's got a shed, it it's got a detached garage, what is being covered under the permit? SUPERVISOR RUSSELL: You are talking about permitted CO's.... MR. MCCARTHY: No, let's say you have a rental permit, you are asking us to get a rental permit for a dwelling unit, however dwelling unit is defined and it also says if there is any violations on the property, if somebody has a l Ox 12 shed and doesn't have a permit, they can't get a rental permit because the most you can have is 100 square feet under the code. Or if there is a falling down garage way in the corner and it may not meet the housing code and it's 75 feet away from the dwelling unit because that's falling down. SUPERVISOR RUSSELL: With all due respect, the building inspector is a constitutional officer of the State of New York, he can go and violate you whether you apply for a rental permit or not. If you have something in place... MR. MCCARTHY: I understand. Page 95 Southold Town Regular Board Meeting October 23, 2018 page 96 SUPERVISOR RUSSELL: ...that is not permitted by code. MR. MCCARTHY: 1100 percent agree with you, but it does create a double standard for those that are seeking a permit and those that are not. And I think that we spoke about that previously, those that are not seeking a permit. COUNCILWOMAN DOHERTY: Well, everyone should have a CO, whether they are renting it out or not, I have said that several times. SUPERVISOR RUSSELL: It's a fair point. MR. MCCARTHY: I agree with you Jill but I think it's a double standard, those that are going for a rental permit have a different set of rules that are being applied to them on their property versus those that are not. COUNCILWOMAN DOHERTY: But don't you think if an owner of a house is renting out their house that they have the responsibility to make sure that house is safe for the people who are renting it? That are not familiar with the house? MR. MCCARTHY: Yes but I guess it goes to, I am a landlord and I have a larger parcel that I rented to a tenant and I specified on the survey what was included in the lease. Some people may do that, some may not. Where do we go with it in those cases? Is it the entire property that is being permitted or is it just the dwelling unit? There is a disconnect here because it is not specific. So I think there can be some unintended consequences if we haven't thought that through. Accessory structures, other things. If you get a rental permit for the dwelling unit, does that mean that the pool is safe? COUNCILWOMAN DOHERTY: If the pool has a CO itself that's attached to that dwelling unit or not... MR. MCCARTHY: So then is the building inspector going to inspect the non-permitted dwelling unit, the rest of the house? SUPERVISOR RUSSELL: It's a good point because he probably would have no choice but to address an unsafe pool as a matter of law and as a matter of underlying liability. MR. MCCARTHY: So if I have a 2,000 square foot house and a 700 square foot apartment, he is not just coming into the apartment, he's coming into the whole house. Is that what we are saying? COUNCILWOMAN DOHERTY: You would have to have an 850 square foot apartment. MR. MCCARTHY: Unless it's affordable which could be less. COUNCILWOMAN DOHERTY: Correct. Page 96 Southold Town Regular Board Meeting October 23, 2018 page 97 SUPERVISOR RUSSELL: The intent is to inspect the rental unit, not the dwelling or the principal... MR. MCCARTHY: Thank you. The code doesn't specify that and I think it leaves the latitude... SUPERVISOR RUSSELL: It's not a rental, it's not a rental. If you are an owner occupant of your home, it's not a rental. This is a rental code, it wouldn't apply. MR. MCCARTHY: So we don't need to supply a permit for, a permitted CO for the pool? Do you see what I am saying, there is a disconnect in the language of this, what we have to provide in order to get a CO and what is the limit of inspection that the building inspector will come in and look at? COUNCILWOMAN DOHERTY: Well, I would assume the scenario that you describe, if the pool is not part of this dwelling unit, the inspector surely is going to make sure there's a fence around the pool. That somebody can't... SUPERVISOR RUSSELL: Inaudible. The intent.... MR. MCCARTHY: Where does it stop? SUPERVISOR RUSSELL: The intent is to insect the rental unit. If there are violations on site, particularly because the intent here is to protect the public health, safety and welfare and if those violations jeopardize that, then he has no choice but to act. In fact, I think it would be malfeasance if he... MR. MCCARTHY: So he would be charged with (inaudible)... COUNCILWOMAN DOHERTY: He is now. If he drives down Bray Road and he sees something, he can go and look on that property. MR. MCCARTHY: So just for clarity, if you apply for a rental permit, the building inspector can come in and look at the rental dwelling unit as you have it defined for what you are looking for as well as the rest of the property and what you are not applying for? Are we saying that? SUPERVISOR RUSSELL: What I would suggest is, you know full well that the building inspector has an obligation to address unsafe conditions, where I think you're right is the standard that we are getting, we are getting an additional onus because we are welcoming or we are required to bring an inspection on site, rather than if we didn't and you know, how come other people can get away with it and we can't? Because we applied for a permit, is basically what you are saying? Page 97 Southold Town Regular Board Meeting October 23, 2018 page 98 COUNCILWOMAN DOHERTY: And that comes back to my comment earlier, that we have a long term plan of building our code enforcement office because we have that lack (inaudible)... MR. MCCARTHY: But I don't think the audience here doesn't want to live in a police state. COUNCILWOMAN DOHERTY: No, no and we don't want that. MR. MCCARTHY: No, I know you don't Jill and I know you are very well meaning and I appreciate everything you have here but the code lacks specificity as to what permission am I giving you? Is it just the dwelling unit, is it the whole property, is it the rest of my house, is it the basement? To someone else's point is it the electrical panel? I replaced the boiler and didn't get permit? Somebody noticed it was a new boiler, where do we go and where do we stop? So I think we really need to think about those things to give specific powers to those who are authorized to go into our homes under the guise of health, safety and welfare because there are a lot of unexpected consequences so to speak. Just back and I appreciate your time, affordable housing, I think it's a journey and I think you are on that journey. I think we started many years ago, I think you are getting up to speed now and I commend you for what you are doing for accessory apartment regulations, detached dwellings, accessory dwellings and the other things that are going on and I think you really, it seems like it's a real priority, I appreciate that. Median price for a single family home in Southold last year, for non-waterfront was $550,000. That was median, half sold above, half sold below and we know that's not affordable and I think as a community we need to do something with rental housing, with multiple housing types for all sorts of folks and just as a contrast to the gentleman that left earlier, he spoke about it wasn't his intention to buy a home and have someone rent next door to him, I take exception to that because I think it's a free market and an efficient market accepts multiple participants and if there's a house that needs work that gives work to our tradesmen that provides money into the economy and not everyone just has the ability to buy a home and live in it, so the expectation is that perhaps it should be well-kept but as far as who the occupants are, you never know just as his next door neighbor didn't know who he was before he moved in. So, thank you very much. SUPERVISOR RUSSELL: Thanks, Tom. COUNCILWOMAN DOHERTY: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular public hearing? (No response) This hearing was closed at 10:22 PM RESULT: CLOSED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Russell Page 98 Southold Town Regular Board Meeting October 23, 2018 page 99 UNIDENTIFIED: I have one more question. SUPERVISOR RUSSELL: Sure. UNIDENTIFIED: In this thing that you are trying to connect here, this law, it says a rent, it says rent and returning money, property or other valuable consideration including payment in kind or for service or other things of value (inaudible) of the right of(inaudible). Now, here's what I want to know, my mother lived with me for 10 years, there was no charge to it. Why is that considered rent according to this. SUPERVISOR RUSSELL: If it's a family member, it does not. UNIDENTIFIED: It doesn't say that. COUNCILMAN GHOSIO: Yes, it does. UNIDENTIFIED: Where does it say that? SUPERVISOR RUSSELL: On the exemption list, family members are exempt. UNIDENTIFIED: If a family, then I shouldn't be able to apply for a rental permit, why do I need a rental permit? SUPERVISOR RUSSELL: You do not if it's a family member. UNIDENTIFIED: I do not. SUPERVISOR RUSSELL: Not at all. UNIDENTIFIED: My understanding was this would be considered, you had to get, you know. A family member, so I am saying, maybe I should have charged my mother, I don't know. That's how a boarder was. Okay, I appreciate it. SUPERVISOR RUSSELL: Now I am going to invite anybody that would like to come up and address the Town Board on any issue? (No response) As a point of clarification as you leave, this stays on the agenda and gets carried over for two weeks, the hearing is closed so there will be no new hearing in two weeks but it will be on the agenda again in two weeks for consideration by the Board. Page 99 Southold Town Regular Board Meeting October 23, 2018 page 100 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 10:28P.M. Eliz th A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Page 100