MINUTES OF THE NOVEMBER 20, 2008 MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF POQUOTT HELD AT VILLAGE HALL AT 7:00 P.M.

Present Mayor Barbara Donovan, Trustees Sandy Nicoletti, Carol Lane, Christine Vitkun, and Carol Castillo.  Also present was Village Attorney, Peter Sverd, Public Safety Supervisor, Bob Fikar and 31 residents.

A motion was made by Carol Lane seconded by Carol Castillo to accept the October 23, 2008 minutes as written.  Aye B. Donovan, C. Lane, C.Vitkun, C.Castillo, and S. Nicoletti.  Nay 0.

Appointment: A motion was made by S. Nicoletti seconded by C. Castillo to appoint Harmon Lutzer, Esq. as Alternate Prosecutor for the Village.  Aye B. Donovan, C. Lane, C. Vitkun, C. Castillo and S. Nicoletti.

John Lane-Treasurer:  Reviewed Treasurer’s report. With half the fiscal year gone our expenses are at 49% which is right on target with our budget.  It was suggested a line be opened for the 2008-2009 Judicial Grant.  A motion was made by C. Vitkun seconded by C. Castillo to accept the Treasurer’s report.  Aye C. Vitkun, C. Castillo, C. Lane, S. Nicoletti and B. Donovan.  Nay 0.

Peter Sverd-Village Attorney:  Reviewed Local Law # 3 Regulating Accessory Apartments Within the Village of Poquott.
Roger Flood-Chair of the Planning Board: Explained the Planning Board meets the 2nd Monday of each month at Village Hall at 7:30 PM these meetings are open to the public.  The Planning Board worked on Local Law #3 before it was presented to the Board.  They reviewed other communities that had similar laws such as Town of Brookhaven and Town of Southampton.
Village Board:  No Comments.
Public Comments: 

1. Resident:  Appreciated that the Village met all legal requirements regarding notifying Village residents about this law, however, notification did not reach most residents.  A petition with 131 signatures was submitted to the Board to repeal Local Law #3 of 2008 Regulating Accessory Apartments within the Village of Poquott.
2. Resident:  Residents of Shen Court feel this is a bad law and should be rescinded.  Communication to residents should be changed.
3. Resident:  Agreed a letter should go to all residents before a law is enacted.
4. Resident:  Allowing apartments is a quality of life issue and should be determined by the majority
5. Resident:  Is there a list of illegal apartments in the village?  Response:  No
6. Resident:  Will it increase the tax base?  Response: We do not assess the homes in the Village that is done by the Town of Brookhaven.  All approved permits are submitted to the Town of Brookhaven.
7. Resident:  If there is limited space can an addition be added to the home?  Response:  With the proper permits and variances, if needed.
8. Resident:  What if you have a live in maid are their quarters considered an accessory apartment?  Response:  Only if they have a stove in their living area.
9. Resident:  Parent? Student?  Response: An accessory apartment has a stove.
10. Resident:  No place in the apartment law does it include Village expense to maintain..  Ambiguity of transfer rights. 
11. Resident:  You cannot enforce the existing law. How are you going to enforce the new law?  Response: With the available legal methods.
12. Resident:  We do not want more people in the Village.
13. Resident:  I would like to sign the petition.
14. Resident: The law will not change anything that currently exists.
15. Resident: We do not want more people in the Village
16. Resident:  I have lived in the community over 30 years; I would like to thank the Board for all they do. They are very open to change.
17. Resident:  Law needs to be rescinded there was no environmental review.
18. Resident:  The apartment permits are issued on a first come basis and could go over the 5% during the initial six month period. After the initial six months the percentage cannot exceed 5%. I feel the percentage is unfair.
19. Resident:  How many applications have been submitted?  Response:  Many applications are anticipated few will probably come forward at this time.
20. Resident: How will we handle undesirables?  Response:  By legal methods.
21. Resident:  Objects to accessory apartment notice only posted in the newspaper.  Notice should be mailed before hearing.
22. C. Castillo:  Six month window is soon to expire.
23. Resident: There are 2 pro apartments, and every other person here is con.
24. Resident:  Does any member of the Board have an accessory apartment or family member with an accessory apartment.  Response:  No Board member has an accessory apartment.
25. Resident:  When are the next elections?  Response: June

Carol Lane-Trustee for Environmental & Shores Line
Drains/Environmental/Rich Parrish-Accessory Apartments are illegal.
The drains at California Park have been cleaned and the drains are working properly.
Harbor & Mooring-No report
Public Comments:

1. Resident: A filled drain on Van Brunt Manor Road is not functioning and should be covered.  Response: We will look into it.

Carol Castillo-Trustee for Roads, Roadsides and Parks
California Park-New Striping and plantings have been completed.  The irrigation system has been shut off and will be turned over to the Village in the spring.
Roads: Striping request submitted to Town of Brookhaven.
Roadsides: Sweeping of Washington Street and Van Brunt Manor Road being looked into.
Public Comments

1. Resident:  When will swimming be allowed?  Response:  When a swimming permit can be obtained.  In addition, the cost of a having a bathing beach will need to be gathered and presented to the residents.
2. Resident: California ramp is not wide enough.  Response:  Widening the ramp is a separate issue.  Ramp was made per original plans.
3. Resident:  No swimming lowers the property values and is now a criminal activity.
4. Resident:  People swim at the Town Beach at Shore Road.
5. Resident:  Will a summons be given to swimmers?  Response:  No.

Christine Vitkun-Trustee for Finance, Website & Waste Management
General Code: Codification approved
Waste Management:  Town of Brookhaven will not pickup leaves.
Website:  Nothing new to report.
Public Comments:

1. Resident: will it cost the Village money to have a leaf pickup?  Response:  Yes. You are allowed to place 6 bulk items out each Thursday (leaf bags).
2. Resident:  Can the agenda be placed on the website?  Response: Not enough time.
3. Resident: Can the Website carry notices; Re: New Laws/Public Hearings etc.  Response: This will be looked into. 

Sandy Nicoletti-Trustee for Public Safety & Van Brunt Manor Park and Beach
Public Safety:  Robert Fikar, Public Safety supervisor, reviewed his monthly report.  With additional officers on Halloween and help from the residents little damage occurred in Poquott.
Next year Halloween is on a Saturday, maybe residents can work with Public Safety to have a neighborhood watch plan to keep the Village safe. Parking permits will again be suspended from 12/24/08 thru 01/01/09.  Residents need to be aware of guests parking on the street to make sure emergency vehicles can get through the streets.
Emergency Preparedness:  Mitigation Plan approved.
Van Brunt Manor Park and Beach:  No report.
Public Comments:

1. Resident:  What should we do is there is a noise complaint and Public safety is not on duty?  Response:  Call Suffolk County Police.
2. Resident:  Can Public Safety check the street lights?  Response Yes they check the street lights.  We can only call for repair if there are 3 lights out.
3. Resident:  Pole 1, 5, and 6 are out. 
4. Resident:  Vandalism at Van Brunt Manor Beach occurred after Public Safety went of duty.
5. Resident:  Halloween coverage was great.
6. Resident:  Damage did occur on Halloween after Public Safety went off duty.  Next year they should stay later, or all evening.
7. Resident:  Why do we have Public safety on duty during the day:  Response:  For the children and the school buses.
8. Resident:  Has Public Safety received any additional calls because of the accessory apartment law?  Response No.
9. Resident:  Can the Village install speed bumps?  Response No.  We are not allowed.  Carol Lane to research prior report regarding speed bumps.
10. Resident:  A Stop sign needs a white stop line.
11. Resident:  When a car is parked illegally, Public Safety should go to the home and knock on the door.

Attorney:  Will contact LIPA and National Grid regarding the settlement.  The title search is almost completed on the Van Brunt Manor Beach parcel.
Environmental Action Committee: Nothing to report.
Building Inspector:  Nothing to report.
Planning Board- Roger Flood:   The planning board is currently working on a Pyramid Law for the Village. We are looking at codes of other towns and villages.  We are also discussing how the Accessory Apartment Review Board will operate.  It would be part of the Planning Board.
Zoning Board of Appeals:  Nothing to report.
Permits/Building, Parks & Beaches:  Nothing to report.
Village Hall

1. Justice Court Grant-2009:  No confirmation as of yet.
2. Blinds:  Mayor Donovan to verify if black out shades will be acceptable.
3. Village Hall Repair:  Nothing new.

Other Business:  None
New Business:

1. Bid for Cushman Scoter in the amount of $200.00 was accepted from John Richardson.
2. A motion was made by C. Castillo seconded by C. Lane to appoint John Robinson from the Planning Board as Chairman of the Accessory Apartment review Board.  Aye C. Castillo, C. Lane, S. Nicoletti, C. Vitkun and B. Donovan.  Nay 0.
3. Friday hours and Saturday hours to be suspended at Village Hall until the January meeting.  The Clerk to keep a record of the calls made to Village Hall during the closed hours.

Correspondence:
Public Comments:

1. Resident:  What is Tree Fauna-Over Clearing of Property?  A possible future law that the Planning Board is working on.  It is currently tabled till January 2009.
2. Resident:  Notification should go to all residents regarding laws that are under discussion.
3. Resident:  Would the repeal of the Accessory Apartment Law be covered under referendum law or would a petition have to be instituted to initiate a referendum?  Response:  Repeal would be handled by recall of law.
4. Resident:  Is a recall available?  Response:  The Board will look into it.
5. Resident:  The dog walking trial snowballed and taxpayer money is being wasted.
6. Resident:  Have we ever issued a summons on a loose cat?  Response:  Not to our knowledge.
7. Resident:  Has the title search of Van Brunt Manor Beach been completed?  Response:  Not finished at this time.
8. Resident:  We should have a dog park.

Motion to adjourn was made by C. Castillo at 9:52 P.M.

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                                                                                           Eileen Harvey, Village Clerk

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