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On the events of last Friday, in Paris and in France, France are ancient ally who joined us in our fight for independence in our revolution.

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Worldwide

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came to that city, many of the citizens suffered.

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If you would remember them and you have thoughts on your prayers in this moment of silence.

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Thank you very much. Are we going to have the, okay?

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we're just going to listen to the French National Anthem.

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Very much and I'm sure we all

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would agree that any attack by terrorists join us all together in common cause.

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Thank you all start the board meeting.

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The clerk will call the roll.

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Council member Kappa here council member Foley

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President

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Council member Canada.

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Thank you very much.

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We'll have a report to the board.

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Yes.

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We put a revenue for the town for office for the month of October, with 71,086 dollars and 3 cents.

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May I have a motion to accept report item number 1?

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All those in favour?

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Aye.

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Opposed.

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Thank you.

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We move on to the communications consensus agenda on which there are six items.

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Yes, there are six items on the communication consensus agenda.

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May I have a motion to accept these communications?

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communication with the citizens of the world, others in favour.

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Aye.

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Opposed.

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Thank you.

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Okay.

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We move on to the highway consensus agenda of which there are five issues.

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Yes.

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Five items on the highway consensus agenda may have emerged in.

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So move.

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Opposed.

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Aye.

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Opposed.

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Thank you.

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We move on to the consensus resolution agenda.

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Councilwoman Pepper. Okay, we'll approve resolution 2015-C-0709 to C-0755.

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Second, others in favor.

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All right.

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Opposed.

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Thank you.

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You at this point in our agenda, we have general public comment.

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And we listen to the public, the Board does not speak or answer questions.

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We simply listen to the opportunity for the public to come forward.

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Every member of the public has three minutes to state their peace and with that, the

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clerk has some cards that have been killed out.

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We have William Grant, Alexis Grasso, been changed our recall and Anne Hayes.

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In that order, you'll each have three minutes.

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Mr. Grant, you're going to start first.

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You can begin.

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Thank you, Members of Board for you.

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Let me speak tonight.

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My name is William Grant and the resident of 19,

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after the road rocky point.

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I'm also being, I mean,

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Lifetime member, I'm a student.

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Lifetime resident of Brookhaven Town.

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I grew up in Shore and Wading River.

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and class in 1990 and I've been, excuse me, and my 43 years have watched the once sleepy towns of the North Shore.

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We've come in and dated with massive homes and luxury condos and traffic just becoming more immense and immense as time goes on.

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And now with the current solar panels.

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We have another chance to use open space that's going to come, the Tolgrace golf course, to a great end. Having a 25-megawatt solar farm there, by end energy, would be the best use of that land in my opinion.

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You're talking one megawatt of solar energy at a low end could power 164 homes.

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Now, add that in with the current project going on, as for us, as per Cape Town residents,

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that would you go up to about 5500 homes that would get energy directly.

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It would make us the largest, percaving the largest solar farm in New York state.

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Think about the constant revenue that could be brought by this by the...

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You know, with the 25 year lease, I'm not sure what the lease would be, but constant and

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brocade in needs.

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I think this would be the best use of this land, no more large homes, large, you know, luxury

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kind of, seeing my friends leave because they can't afford the area.

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Please consider this proposal and approve the possible solar form coming at the Tolbergres

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Now, of course, they're good.

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Thank you.

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Hello, Brookhaven.

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I'm here to speak about big money and politics, as usual, and to take a different cut

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at it from, again, the site free speech for people.

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In an Amicus brief before the United States Supreme Court in American tradition, partnership

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versus Bollock filed by 22 state attorneys general, 22 attorneys general, including these

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Free Republicans, Robert McKenna, Attorney General of Washington State, 2005-13, Mark Schertleff,

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Attorney General of Utah, 2001-13, and Lawrence Waston, Attorney General of Idaho, 2003-2

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now. In particular, the Amikki states believe that the court should agree examine the

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assertion in Citizens United that independent expenditures no matter their size or circumstance

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stance, rarely cause corruption or the appearance of corruption of federal office holders, as

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well as the holding that the federal law at issue in that case could not be supported

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in whole or in part by government interest in preventing distortion of political campaigns

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and protecting shareholders from the use of corporate funds for political communications

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they do not support.

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The states have regulated corporate participation in politics for over a century.

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The states legislate of responses to the citizen's decision.

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However, evidence, they are continuing interest in ensuring that corporate expenditures

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do not threaten the integrity of their democratic processes.

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The states have a compelling interest in preventing domination of state and local elections

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by non-resident corporate interests.

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The anti-corruption interests is not the only cognizable government interest that can support

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restrictions on campaign expenditures.

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A polity also has a compelling interest in regulating electoral influence by non-residents.

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And non-resident corporations, due to their large aggregations of wealth and discrete

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economic interests present the greatest risk of domination or distortion of state and local

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elections by non-residents.

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Thank you.

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In terms of the good evening, Vincent Erko, Port Jeffes and Station, I'm going to share

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something that I learned about last week with you.

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A new group of politicians has come together, especially for the purpose of the

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addressing the detrimental effects that money and politics is having on-of democracy.

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They call themselves the reformers' caucus, and are so far comprised of over 100 former members

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of Congress and governors, both Republicans and Democrats.

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They maintain that this problem is the core civic issue of our time.

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A 70-page report has been published entitled Blueprint Prince for America.

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The forward to this document was written by two members of this Reformers Corquant, Corquant,

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Senator Allen Simpson, a Republican and Senator Bill Bradley, a Democrat.

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In the report, there are proposed solutions, actionable reforms that can be initiated.

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Some have been and some for future, such as full transparency and disclosure, lobbying reform,

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stronger enforcement of existing laws, and new systems of financing campaigns.

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All of the ideas all are well intended.

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However, the report concludes with this.

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Despite what the current Supreme Court says, our current Constitution not only supports, but

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requires, laws that prevent our democracy from being responsive to only the wealthiest

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interests.

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But if the Supreme Court cannot be convinced of that simple proposition, we will have to

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look to changing the Constitution to make even clearer what the Supreme Court refuses

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is to see that is, if a citizen's ability to exercise constitutional laws is dependent upon wealth,

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then only the wealthy truly possess those rights.

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This is why efforts are already underway in states and at the national level to amend the

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constitution, to make it clear that it is individuals who have first amendment rights, and

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exercise of those rights on that depend on wealth. Even though there is already widespread

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support for a constitutional amendment, getting an amendment passed is a long and difficult

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process. We have moved to amend a grain and we ask you to help us in that process. Thank you.

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I say, thank you, my comments will go toward the budget that you intend to vote on tonight.

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And I wanted to address the unfortunate distortion of what I said last time with regard to the proposed budget for the South Country ambulance district.

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My comments had to do with the disparity between the expenses that are reported by the private

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corporation that provides ambulance service in the district, the difference between the

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figures they report to the federal government and the ones that they've presented to you

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in connection with their request for funding for the upcoming year.

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It's apparent on the face of it when you look at the 499 that gives a total functional

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expense of 1.625 million that it also shows that included in that total is over $200,000

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of what's called depreciation, which is not an actual expense.

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If you take the 200 out of the 1.625, you're left with 1.4 million that would be actual expenses.

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Yet this particular corporation has submitted to you a request for more money than that, and your budget picks it all up.

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So you can't get away from the fact that you've authorized money in the past that's more

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than has been actually expending, and you can't get away from the fact that this corporation

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has accumulated liquid funds of a million and a half dollars or better.

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In spite of that, in your budget, you've increased the line item for equipment purchases.

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I'm submitting to you that it's inappropriate and fiscally irresponsible for you to keep adding sums up in a budget and giving increases when there are significant taxpayer funds that have been accumulated.

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And this is all taxpayer money that has come out, so not only has it been accumulated

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by the private corporation, but in addition, this board has not yet done anything to take

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advantage of health insurance reimbursement for ambulance services at a base reimbursement

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of approximately $400 per call that would be Medicare approved.

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That's a million dollars, or better,

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and reimbursement that would be available to the South

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Country ambulance district, and you've not been taking advantage of it.

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Next four speakers, Sherry Vittington, Steven Lupo, Greg Salantino, and Robert Sonado.

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Good evening.

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I'm here to talk about the proposed South Country ambulance building and its location.

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As I mentioned at the last town board meeting, all the literature that was sent out during the campaign specified that Supervisor Romaine was an environmentalist.

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Also, at the budget hearing, two topics of importance in the budget were of importance in the budget, to improve quality of life for residents as well as less in carbon emissions.

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Having lived in Belport Village for 58 years, our community and surrounding communities are being saturated with pollutants.

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We have the landfill, we have three industrial plants on Beaver Dam Road, where huge tractor trailers are leaving from these industrial buildings and traveling on Beaver Dam and station road.

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And this happens all day long.

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Now the proposed location for the South Country Ambulance building on station road,

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that property has the only greenery left in the area.

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Don't these industrial buildings as well as tractor trailers,

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The only greenery left on Station Road is taken away doesn't this affect our quality of life.

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The traffic is horrendous on Station Road and Beaver Dam Road.

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In the Greater Belport land use plan, it indicated before South Country ambulance building

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was put in, that the proposed that the complaints were made regarding traffic and safety and

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congestion on Beaver Dam Road, South Country Road, and Montau Highway. Three years ago, I mentioned

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at one of the meetings that the Planning Board turned down and access road on to Beaver Dam Road

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because of congestion and because of traffic.

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I would like to read to you, and I'm not going to have time,

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but I would like you to review the town law 202A expense of maintenance,

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because there's been no regard to giving us what it's going to require to maintain, to the

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expense of maintaining the improvement for this fiscal year of this particular building.

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And it's taxpayers living in this district have a right to know the maintenance clause.

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Thank you.

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Mr. Lofa, you can begin.

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Good evening. My name is Stephen Lofa.

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I'm here tonight to ask this Board to recognize the elephant in the room.

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And that elephant is our government is institutionally corrupt from the influence of money.

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This week, Assemblyman Silver is on trial for the corrupting influence of money.

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Senator Skello's is on trial for the influence corrupting influence of money

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The executive of an asshole county he's laid up from the corrupting influence of money the

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supervisor of the town of Oyster Bay

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He's not talking either because of the corrupting influence of money. I can go on all day

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For this this past election cycle 20 19% of registered boat is turned out to vote if we take it to consideration

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The people that are potential voters and decided not to register, what do we have?

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12 percent, 12 percent, show up the vote, we call ourselves as a democracy.

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The folks who want on this past election cycle, you can pay yourself on the back, but

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you pretty much want to prevent it.

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78% of potential voters, can we really state that we are a representative Democratic Republican

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this point? People have disgusted, they disenfranchised, and no one wants to admit it. It's the

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elephant in the room.

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It's embarrassing. Let's admit it.

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Supervisor Remain,

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will you

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Councilman Panaco, Councilman Foley, Councilwoman Kephart,

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Councilman LeVow, Councilwoman

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Bonner,

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Councilwoman Cautwright,

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does anyone in this room still believe we are representative

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Democratic Republic?

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I don't think so. Not if you being honest,

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we've spoken here many

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times, urging this board to support the notion that money is not speech and corporations,

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unions, any non-human entity is not in doubt with the nail, even with human rights. If this

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movement, if our government is going to change, if we're going to end this institutional

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corruption, it's going to start here at the town level all across this nation. Grass roots,

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bottom up. That's the only way we're going to restore ourselves to a representative democratic

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of the Republic. Thank you very much for listening to my comments.

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Mr. Seventeen, this is Seventeen. You can begin.

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Good. Greg Seventeen, is that you?

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It's Seventeen.

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Seventeen.

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I came to this board meeting for months ago to speak about the accessory apartment with you

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board and an illegal apartment on my block on a cab and a household.

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When that time I was told that things would be looked at about that apartment and nothing

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has been done at all.

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The owner's back was exactly the same thing he did during his summer.

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He's got a tent on the main dwelling living in the back room and he just rented the apartment

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the steel legal apartment to a couple as it stands and they have two cars, right?

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Nothing was done. No follow-up, nothing. It's unbelievable that I come to this place and

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explained to you about criminality that was going on at that apartment and you all turned

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a blind eye at a deaf ear. Nothing was done. Now he's back to his old. Now the owner is back

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to what he was doing before. Your codes are ambiguous and barely enforceable and no one is there

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force him at all. He has his apartment going on again, and nothing's been done. And to add

229
00:33:09,040 --> 00:33:14,900
to that, a month and a half ago, I'm sorry, 45 days ago, I had a foil request into

230
00:33:14,900 --> 00:33:19,900
the town, because I wanted to show you, and give you proof that your accessory partner

231
00:33:19,900 --> 00:33:25,720
review board is useless and incompetent, because in a three year period I wanted to know

232
00:33:25,720 --> 00:33:32,760
against specific dates, how many cases, review board her, out of those cases, how many were

233
00:33:32,760 --> 00:33:37,580
approved and how many were denied? And I still haven't gotten that request. When I asked

234
00:33:37,580 --> 00:33:43,480
about it a week ago, the woman on the phone told me they don't keep those records. What

235
00:33:43,480 --> 00:33:49,420
are you hiding about the review board? Is it a political patronage job that you give your friends?

236
00:33:49,940 --> 00:33:55,560
And they just go about their business and just allow apartments to be operated without even

237
00:33:55,560 --> 00:34:02,120
proper bedding of the owners, plus my other foil request was I wanted to see the plans for

238
00:34:02,120 --> 00:34:02,740
that house.

239
00:34:02,940 --> 00:34:08,020
Now I have it's mythology of that house, because 26 years ago when that block was built,

240
00:34:08,380 --> 00:34:11,160
those in one of the houses, that was available.

241
00:34:11,620 --> 00:34:16,940
That house, the living space of the house, and I want to make this clear, the living space

242
00:34:16,940 --> 00:34:21,740
of the house, is 950 square feet, according to your code.

243
00:34:22,480 --> 00:34:27,180
It has to be the living space to the proportion of the apartment.

244
00:34:28,120 --> 00:34:33,080
During that hearing, they're telling me that that house is 1600 square feet.

245
00:34:33,300 --> 00:34:36,560
I wanted to show this board that that house was misrepresented,

246
00:34:36,920 --> 00:34:40,400
and either he'd lie to the board or he'd show the wrong set of plants.

247
00:34:40,780 --> 00:34:42,520
And I still haven't gotten that request.

248
00:34:43,300 --> 00:34:44,900
And I'm tired of this town.

249
00:34:45,120 --> 00:34:50,760
In 26 years, it's the same ossified, an eligible bureaucracy that we've been dealing with.

250
00:34:50,760 --> 00:34:56,020
And I just want to make this one little less statement and just want every board member to understand this.

251
00:34:56,180 --> 00:35:00,500
The wheels are just as blind slow, they grind fine, and they grind on.

252
00:35:00,620 --> 00:35:03,100
Just read the papers and you want to understand what I think.

253
00:35:10,420 --> 00:35:15,660
Mr. Good evening, Robert Denado, middle island.

254
00:35:16,120 --> 00:35:22,620
I'm calling for the resignation of Barack Hussein Obama and if he doesn't resign,

255
00:35:22,620 --> 00:35:34,120
I'm calling for the Congress to envision, and I see this merchant smiles over there, but you know, this is what the American public would like, because he is not representing us.

256
00:35:34,380 --> 00:35:51,640
When he raised his hand to say that he was going to uphold the fame, the Constitution of the United States of America, the United States of America, not the United States of Islam, or Islam, or whatever they want to call it.

257
00:35:51,640 --> 00:35:58,940
So what I'm calling right now is for him to resign, and if he doesn't resign, for the American

258
00:35:58,940 --> 00:36:01,620
Congress to impeach him.

259
00:36:02,240 --> 00:36:07,640
Now, I hear a lot over here about the Citizens United, that's fine.

260
00:36:10,600 --> 00:36:17,900
But Supervisor Romaine, November 14, means a lot to you.

261
00:36:18,940 --> 00:36:24,660
November 22, 23 means a lot to your American public.

262
00:36:26,160 --> 00:36:31,920
JFK was assassinated by a conspiracy, not by one individual.

263
00:36:32,840 --> 00:36:36,640
And you've heard me speak over here about a news day,

264
00:36:36,640 --> 00:36:44,040
Because I sent news day, a letter, 53 years ago, and I said, you know what, it was a conspiracy

265
00:36:44,680 --> 00:36:52,480
because Dr. Matthew Perry said that there was interest ruled over here, okay? And not

266
00:36:52,480 --> 00:36:59,880
with that, but a senator said that he was writing in the car and he smelled smoke. Now you have to

267
00:36:59,880 --> 00:37:07,400
tell me how the senator can say he's most smoke when it came from this way, when it came

268
00:37:07,400 --> 00:37:17,760
from that way. And then also somebody on the commission for the assassination of the

269
00:37:17,760 --> 00:37:23,240
President said, you know what? I was going to vote coming back from Europe when they said

270
00:37:23,240 --> 00:37:33,600
They shot. They shot the president. They shot. This was the person that's on the commission.

271
00:37:34,940 --> 00:37:36,400
And it was a conspiracy.

272
00:37:38,840 --> 00:37:42,560
And everybody has an illness that this was a conspiracy.

273
00:37:43,600 --> 00:37:49,600
And that the president was shot by people, not one individual, but by many.

274
00:37:49,600 --> 00:37:59,560
And I would like to just end by saying Councilwoman Kepett, I may disagree with you, but I would like to thank you for your service.

275
00:38:00,240 --> 00:38:11,020
And I stand you really push the vote and you acknowledge the fact that, of course, here is now going to replace you.

276
00:38:11,020 --> 00:38:12,540
But I would like to thank you.

277
00:38:14,620 --> 00:38:18,280
We have no other cards and

278
00:38:21,830 --> 00:38:23,310
you would like to say something?

279
00:38:23,870 --> 00:38:23,970
Yes.

280
00:38:24,170 --> 00:38:24,370
Thank you.

281
00:38:24,790 --> 00:38:25,590
Madam Clerk.

282
00:38:27,350 --> 00:38:30,930
The accessory appointment review board did that application.

283
00:38:31,910 --> 00:38:38,150
The attorney who represents him is Jennifer Lunchlitzer and she extensively briefed me

284
00:38:38,150 --> 00:38:39,810
both before and after that hearing.

285
00:38:39,810 --> 00:38:48,030
She asked every question that's possible at the time the hearing came before the board to legalize that appointment.

286
00:38:49,170 --> 00:38:54,290
The tenant that was spoken of here today was not in possession of the premises.

287
00:38:55,890 --> 00:38:59,150
The people are entitled under our code to accessory appointments.

288
00:39:00,510 --> 00:39:04,870
It did pass the accessory appointment review board, but it was a lengthy hearing.

289
00:39:04,870 --> 00:39:11,990
We did our due diligence, police matters, or another jurisdiction.

290
00:39:13,930 --> 00:39:16,350
It is now going through the building permit process.

291
00:39:16,510 --> 00:39:20,870
If there are areas of that house that have been converted,

292
00:39:20,970 --> 00:39:23,070
it will be vetted at that time.

293
00:39:23,470 --> 00:39:26,990
Because now the accessory department approves it.

294
00:39:27,190 --> 00:39:30,330
And you can look at how many applications they have.

295
00:39:30,410 --> 00:39:32,430
They don't have discretion and not the zoning board.

296
00:39:32,430 --> 00:39:36,070
They are there to make sure that it's owner occupied.

297
00:39:37,510 --> 00:39:44,710
The owner of this particular property showed Jennifer a numerous evidence that he lives there.

298
00:39:45,330 --> 00:39:47,910
And it was proven at that time.

299
00:39:48,050 --> 00:39:50,410
It was bills. It was ID.

300
00:39:52,030 --> 00:39:54,530
We did it as best we could at that hearing.

301
00:39:55,590 --> 00:39:59,690
And we understand the frustration that there have been building

302
00:39:59,690 --> 00:40:03,290
selectivities in that house, but that's not under our jurisdiction.

303
00:40:04,310 --> 00:40:06,650
And the accessory point review board doesn't have jurisdiction.

304
00:40:06,870 --> 00:40:12,110
If you prove it's a house, you prove you have certain things in there, parking, etc.

305
00:40:13,110 --> 00:40:15,310
They have to grant, it meets the code.

306
00:40:15,790 --> 00:40:20,310
They're just there to ensure it's own occupied and the apartment is the appropriate size.

307
00:40:24,220 --> 00:40:25,460
One second, I'm sorry.

308
00:40:25,520 --> 00:40:27,120
I just wanted to address something.

309
00:40:27,280 --> 00:40:32,760
Ms. Hayes came up and spoke about the South Country ambulance district and it was part of

310
00:40:32,760 --> 00:40:38,140
were the same concerned that she mentioned at the last board meeting, I did have an opportunity

311
00:40:38,140 --> 00:40:42,860
to sit with Commissioner Morris about it, and he's agreed to speak on it when we talk

312
00:40:42,860 --> 00:40:47,080
about the budget a little later. So he will be responding to some of the concerns that was raised

313
00:40:47,080 --> 00:40:51,860
by Ms. Haynes. I just wanted to let her know that we did hear her concerns, and he will address

314
00:40:51,860 --> 00:40:52,240
it.

315
00:40:54,410 --> 00:40:59,210
I just have one comment. I want to congratulate my law school classmate and friend

316
00:40:59,210 --> 00:41:01,210
call rate on a beautiful wedding.

317
00:41:06,320 --> 00:41:07,000
Thank you.

318
00:41:07,660 --> 00:41:08,620
And happy birthday.

319
00:41:08,640 --> 00:41:09,180
Thank you.

320
00:41:09,760 --> 00:41:10,320
Thank you.

321
00:41:10,320 --> 00:41:11,020
She was a supervisor.

322
00:41:11,340 --> 00:41:12,680
My birthday in the 15th of November.

323
00:41:12,860 --> 00:41:13,660
Oh, have a birthday.

324
00:41:13,700 --> 00:41:14,320
Happy birthday.

325
00:41:14,600 --> 00:41:14,620
Happy birthday.

326
00:41:15,360 --> 00:41:16,160
Mr. Supervisor.

327
00:41:16,400 --> 00:41:17,940
It's the time to talk to Kevin again.

328
00:41:19,540 --> 00:41:20,420
All right.

329
00:41:20,420 --> 00:41:20,880
All right.

330
00:41:21,500 --> 00:41:21,740
All right.

331
00:41:22,640 --> 00:41:24,840
My mom hasn't said anything about being single.

332
00:41:25,200 --> 00:41:26,020
So don't bring that up.

333
00:41:26,200 --> 00:41:27,040
She's going to be a nurse.

334
00:41:27,160 --> 00:41:28,040
She's watching this.

335
00:41:28,060 --> 00:41:30,120
I'm going to be, you know, the cast eyes.

336
00:41:31,560 --> 00:41:41,000
Okay, with that, we're going to move into resolutions at this time, and we'll start off with Councilman Folley.

337
00:41:42,260 --> 00:41:50,460
Resolutions 0.7, 8.4, 2015, award the bid of number 1, 5, 0.7, 9, planting beachgrass at CBU.

338
00:41:50,620 --> 00:41:54,740
Fire out into the lowest responsible bidder, Lewis Fobado, landscaping, and some moves.

339
00:42:02,400 --> 00:42:14,640
Resolution 075 2015 award of the bid number 15078 planting Beachgrass at Ocean Bay Park, Fire Owens, the lowest responsible bidder, Lewis Barbado, and Skating Ink, some moves.

340
00:42:14,640 --> 00:42:15,180
Second.

341
00:42:15,660 --> 00:42:16,480
All those in favour?

342
00:42:16,800 --> 00:42:17,140
Aye.

343
00:42:17,140 --> 00:42:17,360
Aye.

344
00:42:17,520 --> 00:42:17,800
Post.

345
00:42:18,340 --> 00:42:19,280
Much in cash.

346
00:42:19,820 --> 00:42:23,960
Resolution zero seven eight six two thousand fifteen award of the bid number one five

347
00:42:23,960 --> 00:42:26,600
zero seven six planting beach grass at Davis Park.

348
00:42:26,900 --> 00:42:28,800
Far Island to the lowest responsible bidder.

349
00:42:28,880 --> 00:42:30,860
Lewis Bob bottle landscaping in some move.

350
00:42:31,180 --> 00:42:31,420
Second.

351
00:42:31,860 --> 00:42:32,580
Oh, those in favour?

352
00:42:33,020 --> 00:42:33,260
Aye.

353
00:42:33,580 --> 00:42:34,140
Opposed.

354
00:42:34,620 --> 00:42:35,200
Much in cash.

355
00:42:35,900 --> 00:42:40,760
Resolution zero seven eight seven two thousand fifteen award of the bid number one five zero

356
00:42:40,760 --> 00:42:43,140
seven seven planted planting beach grass.

357
00:42:43,140 --> 00:42:47,080
fire island pines, fire island, the lowest response will be there, the lowest part of the

358
00:42:47,080 --> 00:42:49,140
last gaping in, some moves.

359
00:42:49,400 --> 00:42:50,360
Thank you.

360
00:42:50,520 --> 00:42:51,300
All those in favour?

361
00:42:51,640 --> 00:42:52,700
I post.

362
00:42:53,620 --> 00:42:54,500
Washington, Kansas.

363
00:42:54,880 --> 00:42:59,600
Resolution 078, 2015, consent of the town board to the superintendent of the

364
00:42:59,600 --> 00:43:04,460
highways, ordering the taking of and laying out certain roads as highway pursuant to

365
00:43:04,460 --> 00:43:07,100
section 189 of the highway law, some moves.

366
00:43:07,460 --> 00:43:07,640
Second.

367
00:43:08,300 --> 00:43:09,080
All those in favour?

368
00:43:09,080 --> 00:43:10,240
I'm opposed.

369
00:43:10,600 --> 00:43:10,780
Question.

370
00:43:16,830 --> 00:43:22,690
Resolution 789 of 2015, authorization to acquire a vacant parcel of Suffolk County

371
00:43:22,690 --> 00:43:28,230
on-land, the drainage purposes, pursuant to section 72H of the General Municipal Law,

372
00:43:28,550 --> 00:43:33,550
Bayland Avenue East to talk it, Suffolk County tax fat numbers identified, so moved.

373
00:43:34,750 --> 00:43:35,790
What does it say round on?

374
00:43:35,890 --> 00:43:36,690
I'm opposed.

375
00:44:07,610 --> 00:44:09,190
on that motion?

376
00:44:09,230 --> 00:44:09,630
Yes.

377
00:44:09,890 --> 00:44:10,630
It just occurred to me.

378
00:44:10,790 --> 00:44:13,030
How many life guards are we

379
00:44:13,030 --> 00:44:17,070
supplying there to that location?

380
00:44:18,910 --> 00:44:21,090
Yeah, if you could, we could have the pork submission report.

381
00:44:22,530 --> 00:44:23,730
And I would have asked this a work session,

382
00:44:23,890 --> 00:44:26,990
but it just occurred to me in looking at it now.

383
00:44:27,590 --> 00:44:28,330
This has the numbers.

384
00:44:35,360 --> 00:44:36,860
The time of vocabulary reports upon

385
00:44:36,860 --> 00:44:38,640
we're supplying three life guards,

386
00:44:38,800 --> 00:44:40,080
throwing the weekday shifts,

387
00:44:40,080 --> 00:44:43,120
And on the weekends, Friday, Saturday and Sunday, there will be four guards.

388
00:44:44,300 --> 00:44:47,120
And what is the villager of Belport Payne?

389
00:44:47,280 --> 00:44:51,100
Whatever rate, the life cards are going to pay through by the town.

390
00:44:51,380 --> 00:44:51,960
And we charge it back.

391
00:44:52,500 --> 00:44:56,240
52,865 dollars, budget, neutral impact.

392
00:44:56,520 --> 00:44:57,440
Is that include French?

393
00:44:58,060 --> 00:44:59,260
French, yes, which is okay.

394
00:45:00,000 --> 00:45:08,600
This past year, it was just over, it was about $25,000, but we started about a quarter into the season, so we'll probably

395
00:45:08,600 --> 00:45:11,380
to check and so on around 35 or so.

396
00:45:12,280 --> 00:45:12,720
OK.

397
00:45:14,020 --> 00:45:14,540
Others in favour?

398
00:45:14,860 --> 00:45:15,100
Yes.

399
00:45:15,920 --> 00:45:16,480
Any pose?

400
00:45:17,640 --> 00:45:18,220
Motion carries.

401
00:45:19,640 --> 00:45:24,680
792 of 2015 is authorization to transfer funds from the Motor Vehicle Capital Reserve

402
00:45:24,680 --> 00:45:27,480
account to the capital budget for a Motor Vehicle account.

403
00:45:27,560 --> 00:45:28,220
Some more.

404
00:45:28,240 --> 00:45:28,440
Second.

405
00:45:29,300 --> 00:45:30,140
Others in favour?

406
00:45:30,480 --> 00:45:30,620
Aye.

407
00:45:30,700 --> 00:45:31,340
Opposed?

408
00:45:31,920 --> 00:45:32,700
Motion carries.

409
00:45:32,700 --> 00:45:42,460
The 73 of 2015 is a men in 2015 capital budget information technology to establish new projects for intrusion protection.

410
00:45:44,820 --> 00:45:49,800
Do we have anyone here from my team?

411
00:45:50,040 --> 00:45:50,160
No.

412
00:45:50,800 --> 00:46:02,660
The only reason why I ask is because I know that we have spent and sent a staff member from the town to Nebraska with regard to our firewall protection.

413
00:46:07,580 --> 00:46:09,260
I mean, I'm not public safety.

414
00:46:10,480 --> 00:46:12,420
I tell you.

415
00:46:12,720 --> 00:46:17,260
Mac and you, Andrew, is this timely and critical?

416
00:46:25,660 --> 00:46:28,200
It's just demanding the budget.

417
00:46:28,200 --> 00:46:29,460
It's just demanding the budget.

418
00:46:29,760 --> 00:46:31,400
It's not taking an action here.

419
00:46:31,840 --> 00:46:32,900
No, I know that.

420
00:46:33,220 --> 00:46:33,680
So what?

421
00:46:34,340 --> 00:46:34,580
All right.

422
00:46:34,700 --> 00:46:37,080
I would make motion to table this until the third.

423
00:46:39,620 --> 00:46:42,080
All those of the favour to table, aye.

424
00:46:43,000 --> 00:46:43,500
Opposed.

425
00:46:44,920 --> 00:46:45,920
Thank you.

426
00:46:46,340 --> 00:46:48,170
And this is a resolution 7.94.

427
00:46:48,920 --> 00:46:50,560
It's a resolution of the town and board.

428
00:46:51,120 --> 00:46:54,380
It's on the town of Brookhaven to the New York State Department of Transportation.

429
00:46:54,920 --> 00:46:57,480
For an administrative hearing to consider a railroad group,

430
00:46:57,660 --> 00:47:00,780
causing infrastructure at Madison Street,

431
00:47:01,440 --> 00:47:04,540
end of our orphaned street in Mastic, New York.

432
00:47:04,540 --> 00:47:08,420
This one, this one should be district six.

433
00:47:08,740 --> 00:47:10,820
So they want to make the notion there.

434
00:47:11,140 --> 00:47:13,540
It has a C4.

435
00:47:15,700 --> 00:47:17,000
I'll make that motion.

436
00:47:19,460 --> 00:47:26,150
All those in favor, I pose, I think I'm also making an example.

437
00:47:26,850 --> 00:47:31,650
This is, this is 95, 10th woman,

438
00:47:31,650 --> 00:47:33,650
7.95.

439
00:47:35,870 --> 00:47:36,310
7.95.

440
00:47:36,690 --> 00:47:37,650
7.95.

441
00:47:39,710 --> 00:47:39,970
8.95.

442
00:47:41,650 --> 00:47:43,050
7.95.

443
00:47:43,410 --> 00:47:44,110
It's 2015.

444
00:47:44,250 --> 00:47:46,430
It's operating capital budget transfer.

445
00:47:46,650 --> 00:47:47,530
It's so moved.

446
00:47:50,470 --> 00:47:51,310
7.

447
00:47:56,280 --> 00:47:57,960
7.95.

448
00:47:58,180 --> 00:47:59,020
7.95.

449
00:47:59,440 --> 00:47:59,920
7.95.

450
00:48:00,040 --> 00:48:00,240
7.95.

451
00:48:00,580 --> 00:48:01,320
7.95.

452
00:48:01,320 --> 00:48:03,020
7.95.

453
00:48:05,190 --> 00:48:05,950
7.95.

454
00:48:05,950 --> 00:48:05,990
7.95.

455
00:48:07,820 --> 00:48:13,200
I know, but I'm gone, I must go to the table now because the computer is not right.

456
00:48:16,030 --> 00:48:17,310
Would you like me to take the resolution?

457
00:48:18,410 --> 00:48:18,530
Yes.

458
00:48:18,910 --> 00:48:19,190
D-4.

459
00:48:20,210 --> 00:48:20,690
Okay.

460
00:48:21,050 --> 00:48:23,730
Can you pay for the bill of the game all the residents are yours now?

461
00:48:23,810 --> 00:48:24,230
Okay.

462
00:48:24,970 --> 00:48:25,570
No worries.

463
00:48:26,530 --> 00:48:31,090
796 is authorization to pay various invoices for goods and services provided with that

464
00:48:31,090 --> 00:48:35,290
professional service, requisition, contract or purchase or whatever, as required by the

465
00:48:35,290 --> 00:48:36,970
committee policy, so moved.

466
00:48:37,790 --> 00:48:38,570
All those in favour?

467
00:48:39,010 --> 00:48:39,470
All those in favour?

468
00:48:40,110 --> 00:48:40,950
Seven ninety seven.

469
00:48:41,170 --> 00:48:46,690
And is authorizing the commissioner finance to amend the 2016 preliminary operating budget?

470
00:48:47,150 --> 00:48:47,550
So moved.

471
00:48:47,950 --> 00:48:48,250
Second.

472
00:48:50,610 --> 00:48:50,890
Okay.

473
00:48:51,090 --> 00:48:52,130
It's part of the discussion.

474
00:48:52,390 --> 00:48:54,150
We have all commissioner finance.

475
00:48:54,250 --> 00:48:54,670
You see.

476
00:48:54,850 --> 00:48:56,530
And on the right of our operations map.

477
00:48:56,890 --> 00:48:57,430
Miner.

478
00:48:57,790 --> 00:48:58,350
Mr. Finance.

479
00:48:58,650 --> 00:48:59,650
At the time of right.

480
00:49:01,670 --> 00:49:04,750
Mr. Board members have any questions that they would like to ask.

481
00:49:05,670 --> 00:49:07,890
before we move ahead with the adoption of the budget?

482
00:49:08,490 --> 00:49:10,910
I would like to just give you a little bit of background.

483
00:49:11,090 --> 00:49:12,950
How did some amendments came about?

484
00:49:13,750 --> 00:49:15,530
You may recall in the preliminary budget.

485
00:49:15,690 --> 00:49:21,250
There was a small, a plan to use a very small amount of fund balance in the general funds,

486
00:49:21,530 --> 00:49:23,870
and a highway fund to balance the budget.

487
00:49:24,270 --> 00:49:31,110
That is because we were closely watching how the final health insurance rate and retirement contribution rates

488
00:49:31,110 --> 00:49:37,410
would come in for the year 2016, it's always a gas until we get much later in the year.

489
00:49:38,210 --> 00:49:44,870
The health insurance rates, we do have, there is not a significant change in what we had

490
00:49:44,870 --> 00:49:52,490
originally projected. However, the retirement countries were considerably less overall

491
00:49:52,490 --> 00:49:57,450
now that we paid off, we had full impact of paying off all of the amortization debt on the

492
00:49:58,290 --> 00:50:06,870
So we were able to reduce the retirement contribution expense in all funds that had employees.

493
00:50:07,650 --> 00:50:11,910
And in the general fund, full town, the general fund part town.

494
00:50:12,390 --> 00:50:17,430
And in the part town, highway fund, we were able to reduce the use of surplus.

495
00:50:18,350 --> 00:50:23,490
And in the highway fund, we went from half a million to 350,000, which does help.

496
00:50:23,490 --> 00:50:31,790
fund balance for next year. In the two general funds we are now using no surplus, certainly

497
00:50:31,790 --> 00:50:40,730
for the first is a planned use of surplus for the first time probably since I can find evidence.

498
00:50:41,770 --> 00:50:47,450
And that means that we are structurally balanced in our 2016 budget.

499
00:50:47,450 --> 00:51:16,630
So let me just re-emphasize that, obviously, our pension course came in a little less than anticipated that in several other factors, both the A and B fund, the two major general funds, are structurally balanced, did not require any surplus, and the surplus that was needed to balance the highway budget was diminished from over half a million to about 350,000.

500
00:51:16,630 --> 00:51:17,310
is that correct?

501
00:51:17,330 --> 00:51:18,470
That is correct.

502
00:51:19,570 --> 00:51:24,250
And I'm not referring to further emphasise that in garbage collection, which is charged

503
00:51:24,250 --> 00:51:32,050
in the past, has been $350, the household is that going down to $345.

504
00:51:32,690 --> 00:51:36,190
That's $353.59, now it's going down to $345.

505
00:51:36,870 --> 00:51:39,250
So it's going down from the price of $14.

506
00:51:39,250 --> 00:51:47,090
down about $14. $14. So garbage collection will be reduced for a household by $14 a year.

507
00:51:48,090 --> 00:51:49,150
Yes, it's still good.

508
00:51:51,580 --> 00:51:51,740
Yes.

509
00:51:51,900 --> 00:51:54,300
With respect to South country animals.

510
00:51:55,560 --> 00:51:55,600
Yes.

511
00:51:55,980 --> 00:52:02,220
So let me just try to clarify a couple of things in terms of, I'm sorry, I'm modeling at the garbage

512
00:52:02,220 --> 00:52:07,760
for you going down. What was the, what the course that meant the garbage free to go down?

513
00:52:07,760 --> 00:52:12,560
Councilwoman, if you recall, the town entered into the new

514
00:52:12,560 --> 00:52:18,760
Kavantu Agreement, now about a year and a half ago, that allowed us

515
00:52:19,860 --> 00:52:24,940
to, you know, significant reduction in the price per ton of MSW.

516
00:52:25,620 --> 00:52:28,740
So it's had nothing to do with recycling going up or anything like that.

517
00:52:28,800 --> 00:52:31,800
It's certainly recycling going up and less garbage being disclosed

518
00:52:31,800 --> 00:52:42,620
health, but we went from paying well over $100 a ton all in to $91.25, all in, so that

519
00:52:42,620 --> 00:52:50,120
that $10.15 a ton translated for the 170,000 tons that we generate was able to reduce

520
00:52:50,120 --> 00:52:50,740
the savings.

521
00:52:51,400 --> 00:52:51,460
Okay.

522
00:52:51,700 --> 00:52:52,940
Well, so, thank you.

523
00:52:52,980 --> 00:53:00,800
Also, as you mentioned, recycling has produced less garbage on average.

524
00:53:01,640 --> 00:53:10,060
We've seen about 4 to 5,000 tons annually less, especially when now the single stream, and that's certainly helps.

525
00:53:11,520 --> 00:53:12,860
I'll grab you for a single stream.

526
00:53:13,960 --> 00:53:14,140
Yes.

527
00:53:14,460 --> 00:53:15,840
And a revenue from single stream.

528
00:53:15,940 --> 00:53:16,780
So it's a combination.

529
00:53:17,060 --> 00:53:19,800
I think the biggest factor is the reduction in the tipping fee.

530
00:53:20,520 --> 00:53:26,080
But certainly there are the increased recycling, the diminished waste, and a revenue from the single stream.

531
00:53:26,400 --> 00:53:29,980
But that combination is a lot of some flexibility in the garbage district.

532
00:53:29,980 --> 00:53:31,760
Okay, thank you, man.

533
00:53:34,500 --> 00:53:42,040
So with respect to ambulance companies versus ambulance districts, I want to make a distinction

534
00:53:42,040 --> 00:53:46,680
here, it's a background before I go over some of the questions around the ambulance companies

535
00:53:47,380 --> 00:53:48,020
1990s.

536
00:53:48,040 --> 00:53:55,460
The town is responsible for the ambulance district, which is required under our filing with

537
00:53:55,460 --> 00:53:59,120
New York State as a special district to provide emergency ambulance services.

538
00:53:59,120 --> 00:54:05,980
There are several cost components that exist in that ambulance district that you will see in the budget.

539
00:54:06,640 --> 00:54:11,560
One is the contract cost for the contracted services with the ambulance company.

540
00:54:12,100 --> 00:54:18,100
But there are other costs, too, for example, the low-sap retirement plan is a big cost in there,

541
00:54:18,280 --> 00:54:23,280
as well as administrative charge back that we make as a town where the legal services,

542
00:54:23,280 --> 00:54:29,060
accounting services, et cetera, that are provided to those ambulance districts.

543
00:54:30,360 --> 00:54:35,220
The ambulance companies are independent 501C3s.

544
00:54:35,300 --> 00:54:41,360
They are not the ambulance district, the town contracts with these 501C3, no profit organizations.

545
00:54:43,540 --> 00:54:49,240
And we have a contract with them like we would have with any contractor that provides services

546
00:54:49,240 --> 00:54:51,400
on behalf of the tax district.

547
00:54:54,740 --> 00:54:59,720
The ambulance companies are required under the contract to submit

548
00:54:59,720 --> 00:55:05,480
a budget request each year. That budget request is, of course, a great deal of due diligence

549
00:55:05,480 --> 00:55:14,620
by the ambulance coordinator, by the liaison of the Council offices, by finance. We review

550
00:55:14,620 --> 00:55:18,580
in crisis and the spending request,

551
00:55:19,460 --> 00:55:23,260
inquire what is behind that sort of thing compared to previous years.

552
00:55:23,360 --> 00:55:24,340
Look at the trend growth.

553
00:55:24,620 --> 00:55:26,380
There is a great deal of discussion and conversation

554
00:55:26,380 --> 00:55:29,300
that goes on between the town and the ambivalent companies

555
00:55:29,300 --> 00:55:31,200
as we review their budget request.

556
00:55:32,520 --> 00:55:36,340
Eventually an agreement is made as to what that increase will be.

557
00:55:36,920 --> 00:55:42,860
They are entitled to a CPI increase

558
00:55:42,860 --> 00:55:45,620
if the tone so chooses.

559
00:55:47,200 --> 00:55:49,680
And that CPI is defined in their contract.

560
00:55:50,560 --> 00:55:51,840
In 2016,

561
00:55:54,060 --> 00:55:56,700
the CPI increased, they were entitled to,

562
00:55:56,720 --> 00:56:00,060
the contract that was stated was less than a half of set,

563
00:56:00,320 --> 00:56:00,980
.48.

564
00:56:01,540 --> 00:56:06,320
That was less than the .73 that the state controller allowed

565
00:56:06,320 --> 00:56:08,960
as part of the tax cap.

566
00:56:09,700 --> 00:56:17,500
The supervisor made a decision to allow the ambulance companies contract amount after a review

567
00:56:17,500 --> 00:56:19,880
to go up a maximum of 0.73.

568
00:56:20,340 --> 00:56:25,120
Some contracts didn't, some of the companies didn't ask for any increase, some asked for

569
00:56:25,120 --> 00:56:29,380
very small increase, but the maximum increase that was allowed was 0.73.

570
00:56:30,420 --> 00:56:37,540
So that's a quick history on what happened in 2016, some back on it.

571
00:56:37,540 --> 00:56:48,840
Now, the 990 is an IRS form that is required to be filed by 501c3s who earn income that is

572
00:56:48,840 --> 00:56:51,580
not directly pursuant to the services that they provide.

573
00:56:52,000 --> 00:56:56,200
It's not as relevant at all to the operation of the district.

574
00:56:56,700 --> 00:57:01,320
It is to map it is to, no, it has no bearing on the operation of the district.

575
00:57:01,460 --> 00:57:03,980
This is for a corporation, not for the district.

576
00:57:04,040 --> 00:57:04,380
Correct.

577
00:57:04,380 --> 00:57:11,380
We, I don't run the corporation. I, as in the members of this board jointly, do to the state

578
00:57:11,380 --> 00:57:17,560
law, are considered commissioners of all the ample districts. Correct. But the town, as

579
00:57:17,560 --> 00:57:25,160
monitors closely, the 90s, because they do give us information about how much money is being

580
00:57:25,160 --> 00:57:29,680
spent. We certainly wouldn't want to see that we're giving them significantly more money

581
00:57:29,680 --> 00:57:33,220
and they're spending in total, but there will always be,

582
00:57:33,320 --> 00:57:35,560
I would say, in the every 990, I reviewed,

583
00:57:36,060 --> 00:57:39,560
more spending by the 501c3 than their contract request.

584
00:57:40,020 --> 00:57:41,980
So let me ask this once again.

585
00:57:43,200 --> 00:57:47,940
The 990 form has no relevance to the operation

586
00:57:47,940 --> 00:57:52,660
of the ambulance district that goes to the relationship

587
00:57:52,660 --> 00:57:55,800
between the private corporation and the IRS.

588
00:57:56,140 --> 00:57:56,640
Is that correct?

589
00:57:56,660 --> 00:57:57,460
That is correct.

590
00:57:57,880 --> 00:57:58,020
Thank you.

591
00:57:58,020 --> 00:58:04,920
And it may as it comes from their audited financial statements, which we, of the 501c free.

592
00:58:06,040 --> 00:58:12,960
Now, in 2014, which is the most current 990-owned file for the South Country Ambulance,

593
00:58:13,020 --> 00:58:25,400
as an example, the 990 report demonstrates of $1,652,000 was spent by the ambulance 501c free company.

594
00:58:25,400 --> 00:58:34,040
The contract request that year was a million five sixty-eight by the annual company.

595
00:58:34,220 --> 00:58:44,780
So they clearly spent more money than they even asked us for, and this is the type of

596
00:58:44,780 --> 00:58:49,940
thing that we monitor to make sure that it is always more money than we're paying.

597
00:58:50,400 --> 00:58:54,860
Otherwise we'll be following up asking questions and when they come in for another contract

598
00:58:54,860 --> 00:58:57,860
request next year. We'll be asking questions about this.

599
00:58:58,680 --> 00:59:02,380
Thank you, Commissioner Wright. Just one other question related to that. So when the budget

600
00:59:02,380 --> 00:59:08,760
request comes in, you don't review the 990. You review the audited financial statements.

601
00:59:09,320 --> 00:59:15,360
Correct? We review both. Okay. We review both. We certainly hope that when the ambulance

602
00:59:16,120 --> 00:59:22,360
companies' contract request and they don't come in, that they have completed their audited

603
00:59:22,360 --> 00:59:29,220
the mental statements, and filed their 1990, the treats of the virus, like many municipalities,

604
00:59:31,060 --> 00:59:35,780
the audits are often not completed until August of the year.

605
00:59:36,120 --> 00:59:40,280
That was true for this town, for example, for many, many years until we started moving it

606
00:59:40,280 --> 00:59:41,900
earlier in the year to June.

607
00:59:43,760 --> 00:59:47,060
So as soon as we have it, we're reviewing it.

608
00:59:47,060 --> 00:59:50,420
If we can't review the most current year, we're looking at the year before.

609
00:59:51,260 --> 00:59:57,580
And I'm not sure if the public had access to this, but because I sat down with you today,

610
00:59:57,680 --> 00:59:58,840
and we're just looking at some documents.

611
00:59:59,620 --> 00:59:59,960
But it looked...

612
01:00:00,000 --> 01:00:11,200
Like on the audited financial statement, the expenses total expenses for 2014 is 1,613,619 dollars, correct?

613
01:00:44,180 --> 01:00:48,820
in 19. I don't know why. I mean, we would have to ask their orders. No, I could sniff.

614
01:00:49,480 --> 01:00:59,960
Why? They're the 90, so these been 1,652, 0,222 versus 1,613,619. The difference is not.

615
01:01:00,300 --> 01:01:03,860
In both cases, it's more money than the contract amount. Okay, that year.

616
01:01:04,420 --> 01:01:06,460
Okay. Thank you.

617
01:01:07,640 --> 01:01:08,440
Thank you.

618
01:01:08,440 --> 01:01:15,680
I'm just another note, I, you know, I sat down with Commissioner Reiner, I've spoken to you,

619
01:01:15,700 --> 01:01:18,240
Commissioner Reiner, my office has been in touch with you and I had a number of concerns

620
01:01:18,240 --> 01:01:22,680
with respect to the budget and I just want to thank you for sitting down with me to go over

621
01:01:22,680 --> 01:01:28,220
everything and to question. They basically come to a agreement with everything I'll be voting

622
01:01:28,220 --> 01:01:34,940
in favor of the budget, but I wanted to just state something for the record. One of the concerns

623
01:01:34,940 --> 01:01:41,580
I had was with Inspector the Townwide Council District Park Improvements, initially it has been

624
01:01:41,580 --> 01:01:49,080
since I've been here, $100,000 that's allocated for each council district and recently

625
01:01:49,080 --> 01:01:55,740
because of certain capital projects we are knocking it down to $75,000 per council district

626
01:01:55,740 --> 01:02:01,000
and it's my understanding that we're doing that because of extenuating circumstances this budget

627
01:02:01,000 --> 01:02:05,600
cycle, and that for the next budget cycle that we're going to work towards, I'm getting

628
01:02:05,600 --> 01:02:08,260
it back to the 100,000 for each council district.

629
01:02:08,420 --> 01:02:11,940
So I just wanted to put that on the record and make sure that we're in agreement with that.

630
01:02:12,620 --> 01:02:17,200
We will certainly review it until the budget is developed, and we see what the debt services,

631
01:02:17,360 --> 01:02:22,440
I don't know that right now we can commit 100 percent to the 100,000, but I understand

632
01:02:22,440 --> 01:02:28,280
you a request, and as we develop the budget with the supervisor for 2017, we will certainly

633
01:02:28,280 --> 01:02:29,080
look at that,

634
01:02:31,100 --> 01:02:37,760
but right now, the town has significant debt, and we need to manage our capital

635
01:02:37,760 --> 01:02:42,040
projects wisely to enable those to get to the 100,000 for next year.

636
01:02:42,240 --> 01:02:43,880
That's what you'll be looking towards, correct?

637
01:02:44,440 --> 01:02:52,540
I would like to comment, we are attempting, whenever possible, to limit the amount of debt

638
01:02:52,540 --> 01:03:00,600
That would take on. We thought it was reasonable to reduce some 100,000 to each member of

639
01:03:00,600 --> 01:03:05,840
this board, not to supervise it, but town board members for projects in their district.

640
01:03:07,160 --> 01:03:12,640
But as I've told board members, and I think may have been conveyed to Councilwoman Corp,

641
01:03:12,760 --> 01:03:18,920
right, if you have a valid project, and it requires more than 75,000, but it's a valid project

642
01:03:18,920 --> 01:03:24,620
we would attempt to find the additional money. But in the budget, we put forward a budget

643
01:03:24,620 --> 01:03:31,100
that we think will control spending and debt. But if valid projects come along, we're not

644
01:03:31,100 --> 01:03:38,220
going to let them sit if they are beneficial to communities and we will try to find additional resources.

645
01:03:39,600 --> 01:03:46,640
If I may add, as we spoke, Councilwoman, we have been moving towards more specific

646
01:03:46,640 --> 01:03:53,720
parks, parks, projects in the budget, the names of the parks and a full budget outlawing

647
01:03:53,720 --> 01:03:59,120
for those parks and more and more away from unallocated money.

648
01:03:59,840 --> 01:04:05,460
And I think the overall parks budget is going up even though the unallocated portion is going

649
01:04:05,460 --> 01:04:05,940
down.

650
01:04:06,280 --> 01:04:07,040
No, I understand.

651
01:04:07,300 --> 01:04:12,340
And as I articulated to my colleague, most of them on the board, I think it's important

652
01:04:12,340 --> 01:04:17,860
that each council district has $100,000 to be able to work with their smaller parks.

653
01:04:18,060 --> 01:04:21,820
It's one thing that they can work with the Commissioner of Parks on without having to

654
01:04:21,820 --> 01:04:25,240
go through the process of fighting over every small park.

655
01:04:25,520 --> 01:04:27,260
I mean, it's clearly something that has to be approved.

656
01:04:27,660 --> 01:04:31,860
You know, the Commissioner of Parks has to say that it's okay and work for move forward with it.

657
01:04:32,620 --> 01:04:37,900
But I'm okay with the 75,000 to this year hoping that we are going to be able to move back up to 100,000.

658
01:04:37,900 --> 01:04:42,100
The other thing is we have an agreement that the Parks Department

659
01:04:42,100 --> 01:04:53,160
We'll purchase a new playground and fencing for Washington Avenue Park in my district out of the General Townwide Park in playground and or townwide fencing line out of

660
01:04:53,160 --> 01:04:53,840
2016.

661
01:04:54,740 --> 01:05:01,540
We talked about the specific projects that would be agreement and I just wanted to make sure that this is stayed in on the record.

662
01:05:01,980 --> 01:05:06,500
I was there for that conversation with our first commissioner that was my understanding as well.

663
01:05:06,500 --> 01:05:17,240
Okay, and that's in addition to the 75,000 that I'll be getting, and in addition to any money that was over from this year that hasn't been utilized from my line item, but parts. Thank you.

664
01:05:23,330 --> 01:05:27,090
Further questions for Commissioner finance with the right to reparations?

665
01:05:28,430 --> 01:05:28,450
No.

666
01:05:28,930 --> 01:05:31,910
There being no further questions, we have a motion before us.

667
01:05:31,910 --> 01:05:34,370
I have a second, so I'll take all those in favour.

668
01:05:34,730 --> 01:05:34,970
Hi.

669
01:05:35,330 --> 01:05:35,430
Hello.

670
01:05:36,370 --> 01:05:37,010
Motion carries.

671
01:05:37,310 --> 01:05:37,550
Okay.

672
01:05:41,510 --> 01:05:48,390
We're solution 7-9-8 is authorizing an agreement with Albright, Luciano Zerak and company

673
01:05:48,390 --> 01:05:54,110
PC to provide auditing and accounting services for the fiscal year ending December 31, 2015

674
01:05:54,110 --> 01:05:55,130
so moved.

675
01:05:56,130 --> 01:05:56,310
Albright.

676
01:05:57,090 --> 01:05:57,570
All right.

677
01:05:59,070 --> 01:06:05,830
Resolution 7-9-9 is authorizing the Commissioner Finance to amend the 2016 to 2020

678
01:06:05,830 --> 01:06:07,710
preliminary capital budget.

679
01:06:08,430 --> 01:06:08,970
So moved.

680
01:06:09,550 --> 01:06:10,030
Second.

681
01:06:10,030 --> 01:06:10,870
All those in favour?

682
01:06:11,050 --> 01:06:11,530
All right.

683
01:06:11,850 --> 01:06:12,230
Opposed.

684
01:06:12,830 --> 01:06:13,690
Motion cameras.

685
01:06:14,770 --> 01:06:15,490
And resolution.

686
01:06:18,540 --> 01:06:22,600
800 as authorizing the commissioner finance to amend the 2016

687
01:06:22,600 --> 01:06:26,480
preliminary operating budgets inclusive of special districts.

688
01:06:27,020 --> 01:06:27,420
So moved.

689
01:06:27,640 --> 01:06:27,940
Second.

690
01:06:28,840 --> 01:06:29,680
All those in favour?

691
01:06:30,440 --> 01:06:30,920
Opposed.

692
01:06:31,580 --> 01:06:31,840
Okay.

693
01:06:31,940 --> 01:06:33,700
We have one walk on the capital.

694
01:06:34,220 --> 01:06:35,460
Can we have a second?

695
01:06:36,300 --> 01:06:36,680
Yes.

696
01:06:38,400 --> 01:06:39,460
6.

697
01:06:40,720 --> 01:06:41,960
All right.

698
01:06:43,540 --> 01:06:48,420
We do have decisions before trying to remove the decision count.

699
01:07:08,140 --> 01:07:11,360
The decision number one.

700
01:07:13,800 --> 01:07:16,760
The decision number one.

701
01:07:17,300 --> 01:07:17,700
Six.

702
01:07:17,700 --> 01:07:30,520
decision one, and number one, resolution after public hearing in the matter of adopting a 2016 preliminary operating budget as amended, as the annual operating budget for the fiscal year 2016,

703
01:07:31,100 --> 01:07:36,360
inclusive of special districts, pursuant to New York State Town Law, Section 108.

704
01:07:36,800 --> 01:07:41,100
It's a type two secret action, and I shall move. Second.

705
01:07:46,360 --> 01:07:53,800
We are on to decision number two, which is a resolution at the public hearing in the matter

706
01:07:53,800 --> 01:08:02,660
of adopting the 2016-2020 preliminary capital budget as an annual count budget for

707
01:08:02,660 --> 01:08:12,220
fiscal year 2016-2020 exclusive of all special districts pursuing two section one-on-line

708
01:08:12,220 --> 01:08:14,300
of New York State Town Law and I some more.

709
01:08:15,540 --> 01:08:16,820
Model's and date five.

710
01:08:17,620 --> 01:08:17,800
Opposed.

711
01:08:20,140 --> 01:08:21,740
OK, decision number three.

712
01:08:23,280 --> 01:08:29,060
It is a resolution and order of adoption in the matter of the increase or improvement of

713
01:08:29,060 --> 01:08:42,640
facilities of various special districts for the 2016 Capitol budget pursuant to section 109 and section 202-p of the town law and I some more.

714
01:08:46,460 --> 01:08:48,200
Thank you very much.

715
01:08:48,460 --> 01:08:48,920
Thank you.

716
01:08:50,280 --> 01:08:56,120
We move on to decision number four A, and that's going to be carried by Councilwoman

717
01:08:56,640 --> 01:08:57,560
Councilor Scott.

718
01:08:58,100 --> 01:08:59,320
Thank you, Mr. Supervisor.

719
01:08:59,620 --> 01:09:05,880
The first is a negative declaration to consider application of 545 William Foy Parkway for

720
01:09:05,880 --> 01:09:09,800
a change of zone from J Business 2 to J Business 5.

721
01:09:09,800 --> 01:09:14,880
special use permit, the major restaurant with drive-through, and wave-waves of town-boots

722
01:09:14,880 --> 01:09:19,800
special permit, criteria on traffic located and surely new, like someone's back in.

723
01:09:20,700 --> 01:09:21,420
All those in favour?

724
01:09:21,780 --> 01:09:22,200
Aye.

725
01:09:22,280 --> 01:09:22,800
Opposed?

726
01:09:23,580 --> 01:09:24,180
I think I can.

727
01:09:24,240 --> 01:09:27,920
And this is the resolution of a downstream to consider application of a 5.45,

728
01:09:28,220 --> 01:09:32,120
William Floyd Parkway, for a change of zone from J. Business 2 to J. Business 5.

729
01:09:32,560 --> 01:09:35,200
Special use permit, the major restaurant with drive-through,

730
01:09:35,200 --> 01:09:41,280
The way we was informed was special permit criteria on property located in sure we knew some of it.

731
01:09:41,620 --> 01:09:43,240
Second, all of us in favor.

732
01:09:44,780 --> 01:09:49,040
Okay, at this time, public hearings are set for 630.

733
01:09:49,260 --> 01:09:53,180
We can't conduct any business until 630 at this point.

734
01:09:54,420 --> 01:10:01,200
But I will say that public hearing number 2, we got in a wetland's permit has been adjourned for December 16th.

735
01:10:01,200 --> 01:10:10,360
And public hearing number five, regarding a licensed agreement for Fishing Station has been adjourned also to December 15.

736
01:10:11,000 --> 01:10:13,960
At this point, I will entertain you.

737
01:10:14,020 --> 01:10:15,780
I can take a motion on those two gentlemen.

738
01:10:16,840 --> 01:10:17,260
Okay.

739
01:10:17,260 --> 01:10:22,500
I will make a motion to adjourn public hearing number 2 to December 17.

740
01:10:23,580 --> 01:10:26,760
All those in private section, all those in favour?

741
01:10:27,260 --> 01:10:27,520
Aye.

742
01:10:28,040 --> 01:10:28,680
Opposed?

743
01:10:29,800 --> 01:10:30,220
Motion carries?

744
01:10:30,220 --> 01:10:35,120
I will make a motion to adjourn public hearing number five to December 17.

745
01:10:36,860 --> 01:10:37,640
All those in favour?

746
01:10:38,060 --> 01:10:38,620
Aye.

747
01:10:38,940 --> 01:10:39,560
Opposed?

748
01:10:40,660 --> 01:10:41,600
Motion has.

749
01:10:42,040 --> 01:10:44,220
Okay, we're going to do something that I haven't done.

750
01:10:44,640 --> 01:10:46,400
I think it's very years that I've been supervisor.

751
01:10:47,080 --> 01:10:52,220
We're going to take a motion to go into executive session and discuss a legal matter.

752
01:10:53,580 --> 01:11:00,200
We're concerning the RTA, which we're in litigation with before federal courts.

753
01:11:00,200 --> 01:11:00,620
system,

754
01:11:03,100 --> 01:11:08,880
and the kind of turning has communications regarding this litigation for the board.

755
01:11:09,700 --> 01:11:12,760
So I will take a motion to go into executive session for that purpose.

756
01:11:13,380 --> 01:11:18,320
We will come out of executive session, but only at 630 to start public hearings.

757
01:11:19,060 --> 01:11:20,400
Is there such a motion?

758
01:11:22,540 --> 01:11:24,580
Second, other than favour?

759
01:11:27,790 --> 01:11:28,030
Okay.

760
01:11:28,410 --> 01:11:30,750
We're going to the media room to executive session.

761
01:11:37,310 --> 01:11:44,370
I'm going to go

762
01:11:51,310 --> 01:11:54,690
back into General Session.

763
01:11:54,690 --> 01:11:56,390
All those in favor.

764
01:11:56,830 --> 01:11:57,730
All right.

765
01:11:57,730 --> 01:12:05,350
At this time we have a walk on resolution and we're going to have a move by Councilwoman

766
01:12:05,350 --> 01:12:06,070
Kevin.

767
01:12:06,690 --> 01:12:10,570
Okay, this is authorizing the town attorney to settle the litigation.

768
01:12:10,570 --> 01:12:12,570
and town of Brookhaven versus Sillsville.

769
01:12:12,950 --> 01:12:14,090
Most of them haven't had a story.

770
01:12:14,670 --> 01:12:15,490
Motion to add.

771
01:12:16,450 --> 01:12:16,870
Motion to add.

772
01:12:16,870 --> 01:12:17,370
Eight-all-one.

773
01:12:17,930 --> 01:12:18,890
Motion to add.

774
01:12:19,030 --> 01:12:21,570
Resolution 801.

775
01:12:22,450 --> 01:12:23,210
Some moves.

776
01:12:23,990 --> 01:12:24,130
Second.

777
01:12:25,450 --> 01:12:26,170
All those in favor.

778
01:12:26,690 --> 01:12:27,010
All right.

779
01:12:27,290 --> 01:12:27,930
Opposed.

780
01:12:28,070 --> 01:12:29,070
Motion to add carries.

781
01:12:29,670 --> 01:12:29,950
OK.

782
01:12:30,070 --> 01:12:33,030
This is a resolution authorizing the town attorney

783
01:12:33,030 --> 01:12:35,790
to settle the litigation of town of Brookhaven versus Sills

784
01:12:35,790 --> 01:12:38,710
Rose Road Realty LLC.

785
01:12:38,710 --> 01:12:48,190
for Kevin Rale LLC, US Rail, New York LLC, for Kevin Terminal Operations, Oakland Transportation

786
01:12:48,190 --> 01:12:56,650
Holding LLC, Seals Express by Associates, Woodrow, Brothers Incorporated and Pratt Brothers

787
01:12:56,650 --> 01:12:57,370
Incorporated.

788
01:12:57,490 --> 01:12:58,430
So move.

789
01:12:59,370 --> 01:13:03,490
Okay, at this point I'm going to ask the kind of turning to give a brief explanation

790
01:13:03,490 --> 01:13:06,010
of this resolution.

791
01:13:07,090 --> 01:13:14,870
This resolution authorizes me to further negotiate the particulars of the settlement deal,

792
01:13:15,110 --> 01:13:20,550
which will then be presented at another executive session through the town board.

793
01:13:21,410 --> 01:13:25,590
And at that time, I'll be authorized to sign the settlement agreement.

794
01:13:26,030 --> 01:13:30,410
And the specifications of the settlement agreement will be made obviously public.

795
01:13:30,650 --> 01:13:30,950
Yes.

796
01:13:31,270 --> 01:13:31,830
At that time.

797
01:13:31,830 --> 01:13:35,830
the appropriate time board meeting when the settlement negotiations are over.

798
01:13:36,430 --> 01:13:43,090
Right. And the negotiations still continue over language, details, and a number of

799
01:13:43,090 --> 01:13:50,210
other items that need to be the specificity of which needs to be spelled out in greater

800
01:13:50,210 --> 01:13:50,490
detail.

801
01:13:50,530 --> 01:13:56,530
Yes. And once it is fully signed, we will put it into the public domain. It's at a sensitive

802
01:13:56,530 --> 01:14:01,270
point now. We've made much progress. And we want to continue that progress.

803
01:14:01,270 --> 01:14:07,490
So we will be back with the town board at a executive session and then once it is signed by all parties

804
01:14:07,490 --> 01:14:10,410
It'll be filed in the federal court. It becomes public record

805
01:14:12,170 --> 01:14:18,810
Okay, so having been moved and seconded others in favor. All right. All right, I suppose

806
01:14:20,310 --> 01:14:24,230
Okay, we move right into public parents public hearing number one.

807
01:14:26,260 --> 01:14:27,360
I'm hearing number one

808
01:14:29,000 --> 01:14:31,960
You don't want traffic to remain in adjacent and redneck.

809
01:14:32,140 --> 01:14:35,600
Traffic safety will be providing a brief summary of tonight's public hearing.

810
01:14:35,980 --> 01:14:38,300
Too many in the public health care, legal notices.

811
01:14:38,820 --> 01:14:42,160
Public hearings have published no less than 10 days, no more than 20 days.

812
01:14:42,660 --> 01:14:47,800
Prior to public hearing, in one of the legal terminus papers, our office has received the

813
01:14:47,800 --> 01:14:50,060
time to have a debate of a publication from the newspaper.

814
01:14:51,020 --> 01:14:58,220
Before we go further, I just want to, as they're leaving, thank our attorney, in this case, the next one.

815
01:14:58,680 --> 01:14:59,980
Yes, Rob Calico.

816
01:15:00,000 --> 01:15:14,340
Did an excellent job on this? And also Stephanie Davis from FPM, our geologists, we couldn't have done all this great work without her and saved a beautiful piece of land, a nice portion of it.

817
01:15:14,900 --> 01:15:21,940
Okay. So I'd answer up, but they were leaving, and I wanted to thank them for their service in representation that town on this very critical case.

818
01:15:23,480 --> 01:15:26,460
Good evening, Mr. Supervisor and Members of the Town Board.

819
01:15:27,200 --> 01:15:29,440
The following is a summary of amendments to the kind of vocabulary

820
01:15:29,440 --> 01:15:32,720
uniform traffic code, Article 7, Section 26,

821
01:15:33,080 --> 01:15:33,900
stop and your intersections.

822
01:15:34,540 --> 01:15:36,560
There's one addition for that.

823
01:15:36,640 --> 01:15:38,140
There's one addition on the hand on a vocabulary.

824
01:15:41,150 --> 01:15:41,390
OK.

825
01:15:42,190 --> 01:15:43,170
A share of motion.

826
01:15:44,050 --> 01:15:44,850
Good for you.

827
01:15:46,730 --> 01:15:47,590
All those in favour?

828
01:15:47,950 --> 01:15:48,350
Aye.

829
01:15:48,350 --> 01:15:48,710
Aye.

830
01:15:48,710 --> 01:15:50,010
All those in favour?

831
01:15:52,530 --> 01:15:53,410
All those in favour?

832
01:15:53,570 --> 01:15:53,970
Aye.

833
01:15:55,450 --> 01:15:58,150
Okay, we're on to public hearing number three.

834
01:15:58,410 --> 01:16:00,270
Thank you.

835
01:16:00,270 --> 01:16:00,950
Thank you, Jason.

836
01:16:02,510 --> 01:16:04,710
And we have Joseph Zano from the Planning Department.

837
01:16:06,070 --> 01:16:08,910
Public hearing number three is to consider the application.

838
01:16:09,650 --> 01:16:12,030
For 43 March of Highways Center, Merit's.

839
01:16:13,070 --> 01:16:13,710
I'm sorry.

840
01:16:14,290 --> 01:16:17,110
The application of 43 March of Highways Center, Merit's.

841
01:16:18,750 --> 01:16:22,650
for amendment of restrictive covenants and property of the state and the kind of

842
01:16:22,650 --> 01:16:24,030
rich is new y'all.

843
01:16:24,170 --> 01:16:28,810
Big ol' notices for public hearings, I publish no less than 10 days, no more than 20 days

844
01:16:28,810 --> 01:16:34,010
prior to a public hearing of the legal time newspapers, our office has received the

845
01:16:34,010 --> 01:16:38,550
signed affidavit of publication from the newspaper, Secret Negative Determination will

846
01:16:38,550 --> 01:16:43,310
be submitted by the world's current review resolution, if applicable, we have received a letter

847
01:16:43,310 --> 01:16:49,050
with comments from the East Merchist Center, East Merchist Property Owners Association and the

848
01:16:49,050 --> 01:16:50,830
Merchist-based Civic Association.

849
01:16:51,970 --> 01:16:55,510
The applicant was required to post the property as well as not to fight all property owners

850
01:16:55,510 --> 01:17:01,610
within eight-five hundred foot radius of subject property, and I have the Epidivist-Amalion

851
01:17:01,610 --> 01:17:02,770
Posting in my possession.

852
01:17:04,650 --> 01:17:05,090
Okay.

853
01:17:05,830 --> 01:17:11,430
So, do we have speakers on this and we'll hear from first of all, we're here for planning

854
01:17:11,430 --> 01:17:13,270
what's involved in this application.

855
01:17:14,830 --> 01:17:15,490
Thank you, Mr. President.

856
01:17:15,870 --> 01:17:16,510
Members of the Board.

857
01:17:16,590 --> 01:17:20,350
This project site is located along the north side of Montau Highway.

858
01:17:21,170 --> 01:17:22,910
A west-of-checks-reason road in Sen.

859
01:17:23,210 --> 01:17:26,610
It is 0.73 acres in size.

860
01:17:26,990 --> 01:17:28,750
Currently is owned J4 business.

861
01:17:31,460 --> 01:17:33,800
The site is improved with a residential structure,

862
01:17:34,320 --> 01:17:36,180
which has been converted into an office.

863
01:17:36,980 --> 01:17:41,000
And they bond in the rear of the site with associated landscaping and parking.

864
01:17:42,480 --> 01:17:47,200
The site was the subject of a change of zone.

865
01:18:02,380 --> 01:18:05,340
It's a two story frame wooden house.

866
01:18:05,620 --> 01:18:09,740
Yes, on one side of Montau Kaiway adjacent to Mount Pleasant Samitary.

867
01:18:10,000 --> 01:18:11,440
Immediately adjacent immediately adjacent.

868
01:18:11,600 --> 01:18:14,220
Pleasant, which is to the east and north of the property.

869
01:18:14,740 --> 01:18:17,440
In 1989, there was a change of zone application.

870
01:18:18,220 --> 01:18:21,160
And it was approved by the town board for J4 business zoning.

871
01:18:21,160 --> 01:18:31,240
And at that time, there were covenants applied guidance, restricted the property, restricted the property, and used solely as a law office.

872
01:18:31,240 --> 01:18:33,200
Law office with two attorneys only.

873
01:18:34,400 --> 01:18:37,620
And addition, it was also that we remain residential.

874
01:18:37,660 --> 01:18:40,820
Residential and appearance character, and there would be no further building.

875
01:18:40,860 --> 01:18:41,680
No further building.

876
01:18:42,060 --> 01:18:43,320
So we're lifting that covenant.

877
01:18:43,580 --> 01:18:44,160
What are we putting?

878
01:18:44,160 --> 01:18:45,480
Just the covenant number one.

879
01:18:45,680 --> 01:18:47,720
We're just lifting the one about the two attorneys.

880
01:18:47,920 --> 01:18:48,860
That's the one.

881
01:18:48,860 --> 01:18:56,400
So the other two were all J4 uses would be applicable as long as they kept the professional office.

882
01:18:56,660 --> 01:18:56,980
No, no.

883
01:18:57,220 --> 01:19:01,180
Well, actually we are proposing new covenants be put in place just a supervisor.

884
01:19:01,560 --> 01:19:04,700
I think at this time it might be appropriate for me to read them for the board.

885
01:19:04,800 --> 01:19:05,460
I would.

886
01:19:05,480 --> 01:19:05,660
Thanks.

887
01:19:06,020 --> 01:19:06,540
Okay.

888
01:19:06,800 --> 01:19:12,420
The two covenants that will remain or the architecture show remain residential and appearance.

889
01:19:12,820 --> 01:19:15,480
And no new buildings will be constructed on the premises.

890
01:19:15,820 --> 01:19:17,060
That's already on there.

891
01:19:17,060 --> 01:19:22,820
they're going to remain. In addition, we are adding no outdoor storage or overnight

892
01:19:22,820 --> 01:19:26,000
parking of vehicles, shall we permit it on the subject parcel?

893
01:19:26,140 --> 01:19:28,720
So, I can't be useful landscaping business in the back.

894
01:19:29,720 --> 01:19:31,800
They can't put things to vehicles, yes, outside.

895
01:19:32,580 --> 01:19:38,100
And permitted uses shall be limited to professional, administrative, financial, and business

896
01:19:38,100 --> 01:19:45,860
offices, including the ordering of cemetery monuments, but shall not include undertaking establishments.

897
01:19:45,860 --> 01:19:48,240
okay. That would be the proposed governance.

898
01:19:48,880 --> 01:19:51,220
And the applicant is aware of the revised

899
01:19:51,220 --> 01:19:54,180
confidence? I believe so. Mr. Wooso?

900
01:19:54,220 --> 01:19:56,300
Mr. Wooso? Mr. Wooso. Mr. Wooso.

901
01:19:56,300 --> 01:19:56,680
Mr. Wooso. Mr. Wooso? Mr. Warton? Mr. Hooseo?

902
01:19:56,680 --> 01:19:56,900
Mr. Yubun. Mr. Yubun?

903
01:19:57,120 --> 01:19:58,500
Mr. Warton? Yes.

904
01:19:59,120 --> 01:20:01,100
Mr. Supervisor, an Member of the Board for the Record.

905
01:20:01,180 --> 01:20:03,720
My name is Eric Rooseo, with a law firm at Van Bruntje,

906
01:20:03,720 --> 01:20:04,640
so you can also vote.

907
01:20:04,960 --> 01:20:06,900
Office is a 140-main street, save-a.

908
01:20:07,000 --> 01:20:08,380
We do represent the applicant.

909
01:20:08,900 --> 01:20:12,760
43 Montau-Keyway lc at three-tuddle point form road in these

910
01:20:12,760 --> 01:20:18,460
richest, the property as you're aware is 43 Montau Highway, the managing member is Edward

911
01:20:18,460 --> 01:20:18,900
DeGotta.

912
01:20:19,360 --> 01:20:24,980
He's on the property as of this December for two years, December 23rd to be exact, and

913
01:20:24,980 --> 01:20:29,480
he is aware of the release that we're applying for, and we've had prized some of the information

914
01:20:29,480 --> 01:20:33,500
that's just been forwarded by the town attorney in the planning division to you and

915
01:20:33,500 --> 01:20:34,020
the public.

916
01:20:35,200 --> 01:20:39,440
And we're prepared to go forward here with your advice, Governor.

917
01:20:39,940 --> 01:20:40,320
Yes.

918
01:20:40,320 --> 01:20:46,160
And the other point is the covenant that was on the property, truly was on enforceable based

919
01:20:46,160 --> 01:20:52,040
on the code in terms of the restrictions boarded on a little bit of legality question.

920
01:20:52,300 --> 01:20:57,420
And the second part is there are CEOs for the structures that are on the premises, however,

921
01:20:57,480 --> 01:21:03,340
the prior property owner, after they got the change of zone in 1989, never converted or filed

922
01:21:03,340 --> 01:21:08,300
a change of use to go from residents, which is what was there, to the office that used that

923
01:21:08,300 --> 01:21:11,100
was portedly sold to our client for.

924
01:21:11,340 --> 01:21:13,140
So I assume a filing will be forthcoming.

925
01:21:13,480 --> 01:21:15,840
There will be a filing, we've discussed with planning

926
01:21:15,840 --> 01:21:18,120
that we would need to file a change of use application,

927
01:21:18,440 --> 01:21:20,160
and then we proceed from there.

928
01:21:22,060 --> 01:21:23,060
I have nothing further.

929
01:21:23,360 --> 01:21:24,620
And we did submit all of this.

930
01:21:24,620 --> 01:21:26,180
Any questions or members of the board?

931
01:21:26,680 --> 01:21:28,760
I have a question to you, and just a statement.

932
01:21:29,240 --> 01:21:33,380
Chase for allows under A is administrative financial business

933
01:21:33,380 --> 01:21:34,260
professional office.

934
01:21:34,540 --> 01:21:35,500
That will continue to be allowed.

935
01:21:35,580 --> 01:21:36,180
Is that correct, Jim?

936
01:21:36,480 --> 01:21:37,200
That's correct.

937
01:21:37,200 --> 01:21:41,400
But our gallery bank, take care of facility, exhibit hole, and under taking the establishment,

938
01:21:42,220 --> 01:21:45,640
the applicant will cover it in against any of those other, for not being permitted.

939
01:21:46,420 --> 01:21:52,420
And then that covenant would also cover specially permitted uses in the code, whether it's the

940
01:21:52,420 --> 01:21:53,460
town border or the planning border.

941
01:21:53,640 --> 01:21:53,920
My correct.

942
01:21:53,960 --> 01:21:54,420
That's correct.

943
01:21:54,940 --> 01:21:55,040
Okay.

944
01:21:56,240 --> 01:22:00,280
The second question is for the town attorney, the covenant, which is odd to me.

945
01:22:00,360 --> 01:22:03,160
I don't know the genesis of it, that can only be two attorneys.

946
01:22:03,800 --> 01:22:05,740
Is that legally enforceable if challenged?

947
01:22:05,740 --> 01:22:32,520
I think Mr. Russo and I have discussed this, you cannot regulate use of a premises, you regulate the zoning of a premises, you can establish uses by a code, but to say two attorneys versus one attorney versus three attorneys, it's on very much on the edge of regulating the business rather than the property, and that's my problem with that covenant.

948
01:22:32,520 --> 01:22:45,600
Okay, that's understandable. The last question. If they're selling cemetery monuments, why is that not retail? Obviously headstones are not think you come in and you find your name like a license plate in a gift card store.

949
01:22:46,280 --> 01:22:54,060
Those have to be made especially for the person when that person dies. Why is that not considered retail under the code?

950
01:22:54,100 --> 01:23:01,440
Under a code in a definition of a retail sales establishment, you actually have to physically leave the premises worth the product.

951
01:23:02,520 --> 01:23:05,200
without that, it's not considered retail sales.

952
01:23:06,820 --> 01:23:10,080
So you are going to a facility, a retail store,

953
01:23:10,200 --> 01:23:12,680
you're purchasing a product and you're leaving with that product.

954
01:23:13,840 --> 01:23:16,460
That's for the definition of retail sales in our town code.

955
01:23:16,900 --> 01:23:19,940
In addition, if you were going to an insurance office,

956
01:23:20,460 --> 01:23:22,440
you'd be going to an insurance office,

957
01:23:22,600 --> 01:23:25,540
having them print out or look at a policy you're paying for,

958
01:23:25,760 --> 01:23:27,660
but the policy is coming to you in the mail.

959
01:23:28,200 --> 01:23:28,960
I could read the definition.

960
01:23:28,960 --> 01:23:33,200
I get, I'm just going to ask, asking the question for my application, the board's application,

961
01:23:33,460 --> 01:23:36,200
and probably something somebody else was thinking of in the audience.

962
01:23:38,080 --> 01:23:38,660
Okay, thank you.

963
01:23:38,800 --> 01:23:39,380
Other questions?

964
01:23:40,120 --> 01:23:42,460
Did we know all the questions are the speakers on this platform?

965
01:23:43,040 --> 01:23:43,380
Yes.

966
01:23:45,390 --> 01:23:46,330
We have four speakers.

967
01:23:48,970 --> 01:23:56,770
Thomas, Stenixen, Mary Davis, Jason Burwah, and Jim Pleasant, and that order.

968
01:24:13,420 --> 01:24:16,780
I'm sorry, but if you don't get through it, no, he's in Tony.

969
01:24:18,960 --> 01:24:24,380
So why do they thought they get their five minutes, they're attorneys, and I would just

970
01:24:24,380 --> 01:24:25,220
fight for it.

971
01:24:25,520 --> 01:24:29,900
I understand that, but I would like to just do them all together and swear them.

972
01:24:30,060 --> 01:24:31,720
Victor, please, then are you coming up?

973
01:24:35,200 --> 01:24:38,040
Okay, I just said I want to square everybody in the next

974
01:24:38,040 --> 01:24:39,020
this morning.

975
01:24:39,120 --> 01:24:40,840
This is good too.

976
01:24:42,260 --> 01:24:43,200
Yeah, he's in prison.

977
01:24:43,620 --> 01:24:44,340
Yeah, she's in prison.

978
01:24:44,840 --> 01:24:47,420
Jim, you're in attorney at law, right?

979
01:24:47,700 --> 01:24:48,100
There you go.

980
01:24:48,720 --> 01:24:49,840
That's the only one person.

981
01:24:50,040 --> 01:24:52,420
And why do I always square him in?

982
01:24:52,520 --> 01:24:53,480
I don't know.

983
01:24:53,740 --> 01:24:54,680
I didn't know that.

984
01:24:54,960 --> 01:24:57,380
He's a very courteous gentleman that would not want it.

985
01:24:58,380 --> 01:25:00,600
Sir, you know, raise your eye hand.

986
01:25:00,740 --> 01:25:03,140
And do you swear to tell the truth that the whole truth

987
01:25:03,140 --> 01:25:03,980
I will be glad.

988
01:25:04,780 --> 01:25:05,580
I will be glad.

989
01:25:05,580 --> 01:25:07,940
So, what we are going to do is to start with Mr. Sennigson.

990
01:25:08,520 --> 01:25:09,000
Good evening.

991
01:25:09,260 --> 01:25:09,900
I know the property.

992
01:25:10,320 --> 01:25:12,300
I remember, the supervisor of Maine and members of the town board.

993
01:25:12,660 --> 01:25:14,060
My name is Thomas Sinnichar.

994
01:25:14,240 --> 01:25:14,900
Thomas Sinnichar.

995
01:25:15,180 --> 01:25:17,620
I am an attorney and prior owner of the property.

996
01:25:18,380 --> 01:25:22,540
I am here tonight because I think it is very important that the town board be advised

997
01:25:22,540 --> 01:25:25,440
of the history of the zoning petition of the subject property.

998
01:25:25,980 --> 01:25:28,760
I purchased the property in the mid-80s at the time.

999
01:25:29,300 --> 01:25:31,300
My primary office was in Midtown Manhattan.

1000
01:25:31,300 --> 01:25:33,740
and it continues for you street, as well as my residents.

1001
01:25:34,940 --> 01:25:36,940
I plan to use the building as a satellite office

1002
01:25:36,940 --> 01:25:38,520
and place my wife and I to stay

1003
01:25:38,520 --> 01:25:39,480
and we visit her family.

1004
01:25:40,060 --> 01:25:42,220
Because for I could do that on the weekends when I came out,

1005
01:25:42,260 --> 01:25:43,940
I had a thousand of it back at my car,

1006
01:25:44,100 --> 01:25:46,140
and I really was kind of difficult to represent people

1007
01:25:46,140 --> 01:25:47,360
in the back of your car.

1008
01:25:48,020 --> 01:25:50,540
Friends, you know, friends from home, growing up.

1009
01:25:50,740 --> 01:25:52,180
When the office became busier,

1010
01:25:52,840 --> 01:25:55,640
I filed a petition for change of zone from A1 residents

1011
01:25:55,640 --> 01:25:57,000
to JQ General Business.

1012
01:25:57,400 --> 01:25:59,840
I went through a lengthy, two-year process.

1013
01:25:59,840 --> 01:26:06,400
And when I finally appeared before the town board, they were not inclined to grant a J2 application,

1014
01:26:07,220 --> 01:26:10,220
but would said they would consider a J4 for the premises.

1015
01:26:11,040 --> 01:26:16,300
At that point in time, I requested to amend the petition to proceed J4, but they said no,

1016
01:26:16,580 --> 01:26:18,320
I had to start all over again.

1017
01:26:19,500 --> 01:26:24,720
Thereafter, I submitted a second petition for a change of zone this time to J4.

1018
01:26:24,720 --> 01:26:29,160
office use, the other lengthy two-year process, and when it appeared before the town board,

1019
01:26:29,560 --> 01:26:35,120
they were still reluctant for general business use of the property. They were only granted

1020
01:26:36,460 --> 01:26:42,280
J4 with a restricted covenant and restriction that said basically law officer number one to

1021
01:26:42,280 --> 01:26:47,880
attorneys. They were not inclined to for general business use on a busy corner and reducing

1022
01:26:47,880 --> 01:26:50,380
their residential appearance of the community.

1023
01:26:52,520 --> 01:26:54,160
I probably should not have agreed to such

1024
01:26:54,160 --> 01:26:57,480
If you're one language, one at a time, I had been through two petitions in four years when

1025
01:26:57,480 --> 01:27:02,280
I really had enough to want to move forward regarding the subject of application.

1026
01:27:02,460 --> 01:27:07,560
If the governance and restrictions are modified by operation of law in essence, it should

1027
01:27:07,560 --> 01:27:10,420
be referred back to the Reset A1 Residence.

1028
01:27:11,320 --> 01:27:17,020
An applicant can't remove governance and restrictions and gain general business use without

1029
01:27:17,020 --> 01:27:19,540
a formal change of zone process.

1030
01:27:19,940 --> 01:27:22,080
If that was the case that I would have done many years ago,

1031
01:27:24,880 --> 01:27:26,280
finally, is the issue of the

1032
01:27:26,280 --> 01:27:32,200
here at use and occupancy of the premises. Upon information and belief, the applicant's

1033
01:27:32,200 --> 01:27:37,760
tenant is currently operating a D-2 channel versus monument company, and just because

1034
01:27:37,760 --> 01:27:42,440
you can't have the monument out, doesn't mean it's not retail. It's subject would be an

1035
01:27:42,440 --> 01:27:45,900
earner. You can certainly work out with an earner and the monument memorial company,

1036
01:27:46,200 --> 01:27:50,580
sells things you can work out with. You can't say, you're not retail, just because they

1037
01:27:50,580 --> 01:27:52,040
have a product.

1038
01:27:56,020 --> 01:28:00,280
There are signs and a daily employee of the property. In the rear of the

1039
01:28:00,280 --> 01:28:06,740
barn, a pure storage of commercial trucks and trailers, which I believe requires L1 zoning

1040
01:28:06,740 --> 01:28:12,500
and I've been informed tonight that they don't allow that item. My question is, how can

1041
01:28:12,500 --> 01:28:20,060
an applicant seek relief when they are in current violation of the town code? In the law, this

1042
01:28:20,060 --> 01:28:24,840
This is referred to as, don't come to court with unclean hands.

1043
01:28:25,960 --> 01:28:30,520
For the record, my brother, Lee Sinichon, owns a monument company down the street.

1044
01:28:31,180 --> 01:28:34,320
Competition is fine, but I'm not going to buy a way out of the town code.

1045
01:28:35,680 --> 01:28:40,960
In conclusion, I believe that the petition for the relief of modification of these restrictive

1046
01:28:40,960 --> 01:28:42,340
covenants should be denied.

1047
01:28:42,920 --> 01:28:48,920
And the current, the current illegal use and occupancy of the premises should be stopped.

1048
01:28:48,920 --> 01:28:50,980
Thank you very much.

1049
01:28:55,750 --> 01:28:56,950
Mr. Davis, you can begin.

1050
01:28:57,550 --> 01:28:58,270
Thank you.

1051
01:28:58,350 --> 01:29:00,290
Could you be Mr. Supervisor and town board members?

1052
01:29:00,510 --> 01:29:02,510
My name is Larry Davis and I reside in the workplace.

1053
01:29:03,050 --> 01:29:05,710
I'm here tonight representing Thomas Simpson and Rodney Dickson.

1054
01:29:06,270 --> 01:29:10,130
Mr. Dickson is the owner of a parcel, one door down to the east of the subject premises.

1055
01:29:10,790 --> 01:29:16,610
Mr. Dickson applied for a change of zone to the premises in 1992 from A1 residential to J4.

1056
01:29:16,810 --> 01:29:20,330
That application was denied by the then existing town board.

1057
01:29:20,330 --> 01:29:28,650
The townboard reasoned that the rezoning would result in a significant intensification of land use and would allow a significant increase in the pervious surfaces,

1058
01:29:29,130 --> 01:29:37,190
sewage generation and traffic trip generating above the present zoning. Additionally, potential impacts include loss of open space and natural vegetation,

1059
01:29:37,830 --> 01:29:45,010
and an alteration of neighborhood character afforded the community. The present application is not far different than Mr. Dickson on Mr. Simpson.

1060
01:29:45,010 --> 01:29:50,310
A history of the approval of the site from A1 to J4 showed that the town board overwrote

1061
01:29:50,310 --> 01:29:52,710
the recommendations of the Suffolk County Planning Commission.

1062
01:29:53,330 --> 01:29:56,470
The county voted to disapprove the application for the following reasons.

1063
01:29:56,850 --> 01:29:59,970
Number one, it constitutes the unwarranted further perpetuation.

1064
01:30:00,000 --> 01:30:06,340
Now, of strict business, zoning along Montau Highway, county road 80. It would tend to establish a precedent

1065
01:30:06,340 --> 01:30:12,120
for further such downsonings along county road 80, adversely affecting with safety and traffic, carrying

1066
01:30:12,120 --> 01:30:16,660
capacity of set facility. Number three, there are ample land zone for business purposes

1067
01:30:16,660 --> 01:30:22,200
in the local, along county road 80. Number four, contrafiends recent town board initiatives to

1068
01:30:22,200 --> 01:30:27,260
up zone and diminish and diminish business zoning in nearby areas as part of the comprehensive

1069
01:30:27,260 --> 01:30:32,440
of plan and update, and number five, it is a consistent with the 1987 land use plan for

1070
01:30:32,440 --> 01:30:37,040
the town of Brookhaven and 1982 development plan for the Mauritius area, which designated

1071
01:30:37,040 --> 01:30:40,260
this area for open space, single-family residents' purposes.

1072
01:30:40,980 --> 01:30:44,220
This application to amend the coveting should be denied.

1073
01:30:44,680 --> 01:30:48,620
The applicant has been used in the property and violation of count code and the covenants

1074
01:30:48,620 --> 01:30:50,480
which are presently enforced and affect.

1075
01:30:50,860 --> 01:30:54,760
There is current advertising in place promoting a business which presently cannot operate

1076
01:30:54,760 --> 01:30:59,380
From this location due to the covenants, there are signs on the property indicating a new

1077
01:30:59,380 --> 01:31:04,300
business is coming. In fact, there are two blue signs stating coming soon for key memorials.

1078
01:31:04,700 --> 01:31:08,840
The barn located on the back of the property has been renovated without town permits. A

1079
01:31:08,840 --> 01:31:13,340
second door has been added to the rear of the building without permits. An employee of

1080
01:31:13,340 --> 01:31:17,260
key memorials has been in the main building at least three days a week for at least six

1081
01:31:17,260 --> 01:31:22,400
months. There are landscaping trucks park overnight and a large metal storage container that

1082
01:31:22,400 --> 01:31:27,340
that's located from months behind the barn. This application is before you while the applicant

1083
01:31:27,340 --> 01:31:31,920
completely disregards the laws of this town. And quite certain that there is not a sign

1084
01:31:31,920 --> 01:31:37,520
permit in place for these signs or even an attempt to install a sign that we blend in the historic

1085
01:31:37,520 --> 01:31:43,320
district of Santa Meritches. Instead, the applicant has these two blue signs on the property

1086
01:31:43,320 --> 01:31:47,240
and operating without a permit before this board has even heard this application.

1087
01:31:51,180 --> 01:31:52,340
This is mere

1088
01:31:52,340 --> 01:31:55,980
approval, a match of the Deputy Assembly of Peruvia's permitted to conduct his business

1089
01:31:55,980 --> 01:31:56,980
with the proper zoning.

1090
01:31:57,680 --> 01:31:59,880
The lifting of covenant should never be taken lightly.

1091
01:32:00,320 --> 01:32:05,120
There were many reasons that the prior town board required these covenants, and that decision

1092
01:32:05,120 --> 01:32:07,100
should be respected by this present board.

1093
01:32:07,480 --> 01:32:11,780
An action by this board to lift the covenants will erode the decisions of our prior town boards

1094
01:32:11,780 --> 01:32:16,580
and disregard the decision that made to down up to ZET down zone this property.

1095
01:32:16,940 --> 01:32:20,300
That board was very specific as to why these covenants should be in place.

1096
01:32:20,300 --> 01:32:24,920
The prior owners, including Mr. Thomas cynics, send it here to these covenants the entire time

1097
01:32:24,920 --> 01:32:28,220
they own the property and the new owners should comply as well.

1098
01:32:28,760 --> 01:32:32,000
Should the board choose to lift the covenants then the property would revert, but should

1099
01:32:32,000 --> 01:32:34,120
revert back to the deprizone of A1?

1100
01:32:34,480 --> 01:32:38,180
This application is not one of the situations that war and a change in covenant.

1101
01:32:38,660 --> 01:32:40,400
The present covenant is not egregious.

1102
01:32:40,820 --> 01:32:42,480
It does not violate federal law.

1103
01:32:42,740 --> 01:32:44,680
Nor does it shock the conscience of the community.

1104
01:32:45,120 --> 01:32:48,520
The applicant purchased the property with full knowledge that the covenants existed.

1105
01:32:48,520 --> 01:32:53,300
The covenants were identified in a tidal report and the applicant chose to choose to purchase

1106
01:32:53,300 --> 01:32:57,920
the property, subject to these covenants, a business decision that was made by him.

1107
01:32:58,480 --> 01:33:03,180
There should not be a reward for violating town law. In fact, town enforcement should have

1108
01:33:03,180 --> 01:33:07,560
been at the site issuing summonses that are answerable in district court. The prior owners

1109
01:33:07,560 --> 01:33:12,200
have here to the law in my client's expect nothing less from the present owners. Accordingly,

1110
01:33:12,320 --> 01:33:15,400
we respectfully request the application of the item. Thank you.

1111
01:33:16,880 --> 01:33:18,560
Larry, I have a question.

1112
01:33:20,060 --> 01:33:23,700
The parcel you refer to to the West.

1113
01:33:24,040 --> 01:33:27,620
Is that the parcel you would show to me either a couple of days ago?

1114
01:33:27,800 --> 01:33:29,380
That's the property next to Kurt Weiss.

1115
01:33:31,060 --> 01:33:31,660
Yes, it is.

1116
01:33:31,780 --> 01:33:33,140
The House of its own day one?

1117
01:33:36,320 --> 01:33:36,500
All right.

1118
01:33:36,740 --> 01:33:37,740
I'll let Eric Russel come back.

1119
01:33:37,820 --> 01:33:41,260
My question is, I think, of more for more for him.

1120
01:33:41,680 --> 01:33:44,580
And I will say, for the record, I found out.

1121
01:33:45,520 --> 01:33:51,480
for the purposes of this application, if the town did rank tickets, as I understand, on this

1122
01:33:51,480 --> 01:33:57,320
property, for the landscaping use, and the container, whatever was stored back there,

1123
01:33:57,540 --> 01:34:01,260
and I'm going to believe by our staff that that is now gone.

1124
01:34:01,800 --> 01:34:02,700
And off the property.

1125
01:34:02,740 --> 01:34:07,860
No, it's not gone, but it's they've agreed to remove it and we're working toward that settlement

1126
01:34:07,860 --> 01:34:11,460
and you're right, the violations were written and they are in court.

1127
01:34:12,800 --> 01:34:13,240
Correct.

1128
01:34:14,220 --> 01:34:15,040
May I ask a question?

1129
01:34:16,000 --> 01:34:16,520
It's a sense.

1130
01:34:16,780 --> 01:34:16,940
It's your.

1131
01:34:16,940 --> 01:34:17,700
Thanks to see you, Tom.

1132
01:34:18,600 --> 01:34:21,280
What was the boring use for when you owned the property?

1133
01:34:21,960 --> 01:34:22,300
Storage.

1134
01:34:22,760 --> 01:34:23,080
Storage?

1135
01:34:24,220 --> 01:34:24,960
You know, anything.

1136
01:34:25,180 --> 01:34:25,620
It really was.

1137
01:34:25,880 --> 01:34:27,880
It was an old, you know, barely staying a barn.

1138
01:34:28,020 --> 01:34:28,680
So it wasn't really.

1139
01:34:29,900 --> 01:34:31,180
Usually much or anything else.

1140
01:34:31,660 --> 01:34:32,640
Just, you know, basic storage.

1141
01:34:33,180 --> 01:34:34,520
Storage for your business?

1142
01:34:35,180 --> 01:34:35,760
What's that?

1143
01:34:36,300 --> 01:34:37,200
Storage for your business?

1144
01:34:37,320 --> 01:34:38,860
I don't think that was in there.

1145
01:34:38,880 --> 01:34:40,020
Was it really anything in there?

1146
01:34:40,020 --> 01:34:42,960
But there was a title company in the building also, correct?

1147
01:34:43,000 --> 01:34:46,660
All the title company, absolute abstract was part of my love practice.

1148
01:34:48,940 --> 01:34:50,500
I mean, asked the secretaries of the building.

1149
01:34:50,540 --> 01:34:50,780
Okay.

1150
01:34:51,520 --> 01:34:52,580
And, well, I know.

1151
01:34:52,980 --> 01:34:56,060
But the back building was used for what type of storage?

1152
01:34:57,160 --> 01:35:01,540
I mean, different times it was over 25 years period.

1153
01:35:01,820 --> 01:35:02,820
It was a big of many times.

1154
01:35:03,500 --> 01:35:07,560
Sometimes a guy would ask me to put a boat in there for a couple months or something like that.

1155
01:35:07,560 --> 01:35:17,080
nothing, you know, was on occasion. I did a favor. Okay, thank you. Mr. Burwah, you can

1156
01:35:17,080 --> 01:35:23,140
begin. Good evening ladies and gentlemen of the board. I come to you as a resident from

1157
01:35:23,140 --> 01:35:29,420
15th Bill, you have in you in Center Ruches. My general concern is basically the traffic

1158
01:35:29,420 --> 01:35:35,800
there. We've got a lot of businesses on that curb already. I can see right out of the side

1159
01:35:35,800 --> 01:35:41,940
my house and it's a daily struggle for drivers to get in and out off of Bellevue, I've heard

1160
01:35:41,940 --> 01:35:48,560
the sirens going off many, many times for accidents that occur on that curve and to

1161
01:35:48,560 --> 01:35:54,360
add landscape trucks and a retail center that's going to draw a business whether it's carrying

1162
01:35:54,360 --> 01:35:58,980
it out to their car, not they're still pulling into a parking lot and pulling back out

1163
01:35:58,980 --> 01:36:04,660
onto Montau Highway and a curve generally is the hardest visual for any driver to pull that

1164
01:36:04,660 --> 01:36:09,780
out until, and when you have MAC trucks and cars moving at high rates of speed, I mean, we're

1165
01:36:09,780 --> 01:36:14,800
just adding another collision, so my concern is safety, ultimately, because I have a family

1166
01:36:14,800 --> 01:36:18,760
and a lot of friends that live in the area, and I'd hate to hear a story about somebody getting

1167
01:36:18,760 --> 01:36:21,260
to an accident right there. That's all.

1168
01:36:21,420 --> 01:36:23,680
But it's just what I could purpose is of the record.

1169
01:36:24,080 --> 01:36:30,820
The snap location is not for a landscape company, or a retail center, which is probably white.

1170
01:36:30,820 --> 01:36:37,520
The stretch of road, I travel every day, which is probably the reason in why the town board

1171
01:36:37,520 --> 01:36:43,160
I believe acted correctly, and not giving the other parcel the next-to-curt-wise, the change

1172
01:36:43,160 --> 01:36:49,280
of zone in the past to be the J2 or J4 and kept today one, because you're right, that stretch

1173
01:36:49,280 --> 01:36:53,720
of road where there is the turn. A1 is the appropriate zoning. We're currently going through

1174
01:36:53,720 --> 01:36:59,820
a rezoning of the entire area, and as I understand, we're keeping that area zoned. A1,

1175
01:36:59,820 --> 01:37:06,040
But here, though, this is not for a landscape company cannot exist on this property zoned

1176
01:37:06,660 --> 01:37:12,020
J4 at all, and a or a retail center cannot exist, and that's not what I just want

1177
01:37:12,020 --> 01:37:13,880
to make sure, over the public is aware.

1178
01:37:14,240 --> 01:37:14,860
That's not what we do.

1179
01:37:14,860 --> 01:37:15,660
We do ask a couple of months.

1180
01:37:15,880 --> 01:37:20,720
There has been landscape trucks, don't trucks, with trailers, strapped to them pulling in and

1181
01:37:20,720 --> 01:37:24,940
out of there, and I've watched them remodel the barn, and I mean, I saw it all.

1182
01:37:24,980 --> 01:37:28,360
I didn't know what was in place and how legal anything was.

1183
01:37:28,360 --> 01:37:31,260
My general concern was, wow, new company, new businesses.

1184
01:37:31,920 --> 01:37:34,280
This is just adding more trouble to the road.

1185
01:37:34,680 --> 01:37:36,940
And now, especially since they read the calendar's pond,

1186
01:37:37,260 --> 01:37:38,560
it's an attractive site.

1187
01:37:38,560 --> 01:37:40,380
It's going to draw a total of people.

1188
01:37:40,640 --> 01:37:41,300
It looks beautiful.

1189
01:37:41,980 --> 01:37:42,560
I love it.

1190
01:37:43,000 --> 01:37:44,300
But I don't know if there's on Bellevue.

1191
01:37:44,440 --> 01:37:45,380
I can give you with the dress.

1192
01:37:45,780 --> 01:37:46,520
But I did a good job.

1193
01:37:48,460 --> 01:37:51,340
So I mean, there's going to be more traffic either way,

1194
01:37:51,620 --> 01:37:54,400
adding a business, I think, is just detrimental to the area.

1195
01:37:54,640 --> 01:37:54,820
OK.

1196
01:37:55,800 --> 01:37:56,980
There's only other side of town.

1197
01:37:57,680 --> 01:38:01,080
Yeah, we are writing tickets against that offense.

1198
01:38:01,700 --> 01:38:08,840
These people will appear in district court, and at the court, there will be an adjudication

1199
01:38:08,840 --> 01:38:12,060
and probably they'll have to evade that problem.

1200
01:38:12,200 --> 01:38:13,700
They will have to evade that problem.

1201
01:38:14,440 --> 01:38:21,140
They're occupying it with any legal use that is not conforming to the governance currently

1202
01:38:21,140 --> 01:38:22,060
in place.

1203
01:38:22,060 --> 01:38:31,760
The current suggestion is to change the covenant to allow a monument, business or law

1204
01:38:31,760 --> 01:38:39,560
or office, or other professional offices period, no landscaping company, no storage company.

1205
01:38:39,920 --> 01:38:46,540
Nothing of that nature would be allowed, correctly, if I'm wrong, and that, on that, what would

1206
01:38:46,540 --> 01:38:48,160
be allowed would be being proposed.

1207
01:38:48,160 --> 01:38:59,720
So we are, you know, we are concerned about this property and it's usage and this

1208
01:38:59,720 --> 01:39:07,700
aesthetics and made a good point about clean hands and that's something that I'll ask Mr.

1209
01:39:07,720 --> 01:39:15,640
Russo to address when he comes up here about that because I'm interested but we also have

1210
01:39:15,640 --> 01:39:19,800
to Gleason, who represents the East for Richish Propheoners.

1211
01:39:20,140 --> 01:39:23,560
So, let me just be self-taxed and if we're done, go ahead, Mr. Gleason.

1212
01:39:26,220 --> 01:39:31,340
Jim Gleason, for the East Merchish property owned association in the seedling, for the Merchish

1213
01:39:31,340 --> 01:39:33,520
Bay Civic Association as well.

1214
01:39:34,400 --> 01:39:38,220
A letter was submitted, which I believe you all should have received several days ago

1215
01:39:38,220 --> 01:39:44,500
with respect to this application, and just now I handed up an aerial that was marked up

1216
01:39:44,500 --> 01:39:48,060
of interesting points, which hopefully you also received by my

1217
01:39:48,060 --> 01:39:49,560
difficulty in getting it to you.

1218
01:39:51,140 --> 01:39:56,260
The position that was taken by both civics has been that this is a

1219
01:39:56,260 --> 01:40:02,500
particularly sensitive area, it's character is really

1220
01:40:02,500 --> 01:40:06,380
view-colic, it has in it a variety of things that need to be protected.

1221
01:40:07,040 --> 01:40:11,240
And as a result, any expansion of the use beyond the one that is

1222
01:40:11,240 --> 01:40:18,560
proposed that is to say an office for a cemetery monument company would not necessarily work

1223
01:40:18,560 --> 01:40:20,040
out of well at all.

1224
01:40:20,860 --> 01:40:26,780
In looking at this, we've looked at the stretch of highway about a third of a mile between

1225
01:40:26,780 --> 01:40:31,280
that bend and the road that is mentioned and Kailer's pond, and there are a number of things

1226
01:40:31,280 --> 01:40:36,700
in there as you can see from the aerial that was submitted today that deserved protection

1227
01:40:36,700 --> 01:40:44,620
so that the character is maintained on the area you can see an S with a circle that's where the subject property is.

1228
01:40:45,240 --> 01:40:51,700
One is to catch a man built in revolutionary times and used for various purposes since the town historic landmark.

1229
01:40:52,640 --> 01:40:54,680
It is open to the public.

1230
01:40:55,040 --> 01:40:55,320
Excuse me?

1231
01:40:55,720 --> 01:40:56,320
1698.

1232
01:40:56,800 --> 01:40:57,360
Thank you.

1233
01:41:00,800 --> 01:41:08,900
Number two on the aerial is five acres of county land preserved purchased with taxpayer money.

1234
01:41:09,800 --> 01:41:12,080
The same amount of the resolution to acquire that.

1235
01:41:12,320 --> 01:41:12,740
Yes, you did.

1236
01:41:14,440 --> 01:41:21,120
The number three is the cemetery that has been mentioned and the entrance to that cemetery is right on the Montau Highway,

1237
01:41:21,400 --> 01:41:24,260
and is particularly picturesque right next to this property.

1238
01:41:25,500 --> 01:41:36,680
The number four is 263 acres, the Terrible River County Park, which I also, which I also

1239
01:41:36,680 --> 01:41:40,880
purchased in on the 80-9, as a County Legislative.

1240
01:41:41,440 --> 01:41:47,020
And then, number five across the street, the Havens Home Stead, which states back to 1750,

1241
01:41:47,560 --> 01:41:52,160
additions were put on it over a variety of years, but many years ago, they're also historic.

1242
01:41:52,160 --> 01:41:57,540
it's also open to the public and it's another town historic landmark. Then you've got

1243
01:41:57,540 --> 01:42:01,480
Kailer's pond, it's being improved, as been mentioned. You've got the Terrell River

1244
01:42:01,480 --> 01:42:06,100
and it didn't mention this in the letter, but number nine, which is on the east side of

1245
01:42:06,100 --> 01:42:13,120
the Terrell River, is with former duck farm purchased by the towns as open space. So in this

1246
01:42:13,120 --> 01:42:17,760
area, third of a mile, you have a lot that has been protected and the town and the county

1247
01:42:17,760 --> 01:42:22,580
have already recognized that it should be protected by spending taxpayer money on it.

1248
01:42:23,020 --> 01:42:27,800
So what should happen, the area of this area should maintain its character, it should

1249
01:42:27,800 --> 01:42:28,800
not lose it.

1250
01:42:28,920 --> 01:42:31,240
Some of the covenants that are there help to do that.

1251
01:42:33,180 --> 01:42:38,860
So use of the offices, as they have been used in the past, just as offices, is something that

1252
01:42:38,860 --> 01:42:43,380
we're willing to do, go with, and if it's a cemetery, monument company, instead of a law

1253
01:42:43,380 --> 01:42:44,980
office, that's okay.

1254
01:42:44,980 --> 01:42:51,360
So, we don't mind modifying that covenant, so is to amend what type of office may be in there.

1255
01:42:52,160 --> 01:42:57,260
There's been some discussion, and I just learned when town attorney read the proposed

1256
01:42:57,260 --> 01:43:06,700
covenants, that it would be possible for the business to be there and allow the ordering

1257
01:43:06,700 --> 01:43:13,660
of cemetery monuments. That was a new idea to me. The thought of it being an office, that's

1258
01:43:13,660 --> 01:43:20,460
we've been discussing, but when they originally submitted the application, they said that

1259
01:43:20,460 --> 01:43:28,580
they wanted to use it for sales of cemetery monuments. And the planning department wrote

1260
01:43:28,580 --> 01:43:34,200
back to them and said, you can't do that. That's J2. This is J4, not allowed. So they amended

1261
01:43:34,200 --> 01:43:43,000
the application. And they took out sales of cemetery monuments. But what's the difference

1262
01:43:43,000 --> 01:43:49,940
between ordering cemetery monuments and the sales of cemetery monuments. That's an interesting

1263
01:43:49,940 --> 01:43:54,520
question, and I'm not sure we have the time, and I have the time, and 30 seconds, the

1264
01:43:54,520 --> 01:43:55,480
parts of out.

1265
01:44:02,260 --> 01:44:04,520
You just wasted them, you just wasted them.

1266
01:44:05,860 --> 01:44:11,900
Can't speak that fast. It needs to be worked out. It has to be clear what can and can't

1267
01:44:11,900 --> 01:44:17,380
be done if there are cemetery monuments outside the building that's outdoor storage, not allowed.

1268
01:44:18,020 --> 01:44:22,900
If people can, in fact, if there were cemetery monuments there, people could come in and

1269
01:44:22,900 --> 01:44:23,920
walk out with them.

1270
01:44:24,160 --> 01:44:26,740
They may need to wheelbarrow, but they could do it.

1271
01:44:27,420 --> 01:44:29,780
So, they're not going to be any cemetery monuments there.

1272
01:44:29,960 --> 01:44:31,120
Is that what I'm going to understand?

1273
01:44:31,740 --> 01:44:37,000
I think this needs to be made considerably more specific and clear, so there is not

1274
01:44:37,000 --> 01:44:38,420
a lot of confusion in the future.

1275
01:44:38,960 --> 01:44:39,060
Thank you.

1276
01:44:47,750 --> 01:44:50,870
I don't think I use my five minutes, just one sentence.

1277
01:44:51,810 --> 01:44:52,210
Go ahead.

1278
01:44:52,390 --> 01:44:52,650
I go ahead.

1279
01:44:53,210 --> 01:44:54,110
You have that.

1280
01:44:54,250 --> 01:44:54,770
Thank you.

1281
01:44:55,230 --> 01:44:56,970
I think what is that one sentence?

1282
01:44:57,250 --> 01:44:58,430
It's looking at this whole project.

1283
01:44:58,630 --> 01:44:59,970
I think it's clear that I'm...

1284
01:45:00,000 --> 01:45:06,500
Animate company can be no way to consider appropriate for J4 professional use, and the argument

1285
01:45:06,500 --> 01:45:13,040
that it's heavy is ridiculous. It's a retail business, appropriate for J2, where the applicant

1286
01:45:13,040 --> 01:45:18,160
should do. If he wants this business, or wants this relief from the confidence, the proper

1287
01:45:18,160 --> 01:45:24,260
procedure would be for to seek his J2 zoning change, and at that time incorporate the removal

1288
01:45:24,260 --> 01:45:29,740
of the governance. Not to try to circumvent the zoning process of the category of payment by

1289
01:45:29,740 --> 01:45:35,440
and so in monuments, you know, 18 ability was built in 18 hundreds. It's not appropriate.

1290
01:45:36,260 --> 01:45:40,520
Okay, but you're the card next speaker. Mary Ann Johnson, thank you.

1291
01:45:40,820 --> 01:45:45,100
Well, Mary Ann comes up by the question for that. Is it, is it because you order your monument?

1292
01:45:45,340 --> 01:45:49,940
That monument is there by delivered to whatever cemetery it is.

1293
01:45:50,060 --> 01:45:52,440
Correct, the monuments would not be.

1294
01:45:52,920 --> 01:45:53,860
You can't sell a monument.

1295
01:45:54,700 --> 01:46:00,660
Unfortunately, I've had to order a monument so they show you pictures a sample they have like a little piece of it

1296
01:46:00,660 --> 01:46:02,040
Like for instance

1297
01:46:02,540 --> 01:46:07,620
There's a piece of the granite. There's the color of the granite. It's the monuments are shown in books

1298
01:46:07,620 --> 01:46:11,440
So you can't walk out if I walked in and I wanted a pre-order mine monument

1299
01:46:11,440 --> 01:46:14,500
I think that granite here lies Daniel J. Pannico

1300
01:46:15,400 --> 01:46:23,240
1978 to whenever greatest personal life. I can't walk out of there with a monument. Will you point in 1978 you're very young

1301
01:46:25,620 --> 01:46:28,300
I can't walk out with a monument, you say.

1302
01:46:28,780 --> 01:46:31,340
I think they would cover it to that.

1303
01:46:31,800 --> 01:46:32,620
If that would clear up.

1304
01:46:32,620 --> 01:46:35,480
I think my comments will go to the heart of your discussion.

1305
01:46:37,140 --> 01:46:38,140
Would that be my headstone?

1306
01:46:38,920 --> 01:46:39,660
I don't know.

1307
01:46:39,880 --> 01:46:41,180
Do you want me to have it engraved?

1308
01:46:41,400 --> 01:46:42,940
I'm afraid of what you might say.

1309
01:46:44,440 --> 01:46:45,300
I was a Jew.

1310
01:46:45,800 --> 01:46:47,600
Realistically, I think we're...

1311
01:46:48,120 --> 01:46:49,480
When the square who ends?

1312
01:46:50,340 --> 01:46:53,680
to switch and tell us what the whole truth and nothing but the truth to have to go.

1313
01:46:53,780 --> 01:46:54,500
Oh, Wes.

1314
01:46:54,920 --> 01:46:56,040
And now you can begin.

1315
01:46:57,700 --> 01:47:03,240
I think we're listening to what is loosely called a legal fiction.

1316
01:47:04,240 --> 01:47:05,940
I've got a shared it, coupons.

1317
01:47:06,660 --> 01:47:10,980
I couldn't carry it out, but it was retail sales.

1318
01:47:11,740 --> 01:47:13,060
You know, come on.

1319
01:47:13,700 --> 01:47:16,300
The idea that you can't carry out a monument.

1320
01:47:16,300 --> 01:47:20,020
Anybody been to well would have a new in West Babylon?

1321
01:47:21,680 --> 01:47:30,160
Yeah, tons of monument companies with monuments lined up because people can't buy what they can't see.

1322
01:47:30,840 --> 01:47:33,920
It's not a book, it's not how monuments are sold.

1323
01:47:34,480 --> 01:47:37,380
They're sold by having displays in front of the building.

1324
01:47:38,060 --> 01:47:44,020
The most inappropriate use for this property in this area that I could possibly imagine.

1325
01:47:44,020 --> 01:47:54,320
Beyond that, we have an applicant who came before a town board and was denied this very

1326
01:47:54,320 --> 01:47:59,320
use, this kind of a change of use to J4.

1327
01:47:59,680 --> 01:48:07,280
That troubles me, that troubles me a lot, because this town, when it has refused to change

1328
01:48:07,280 --> 01:48:12,620
the zone for one applicant and comes back and changes it at a later date, has been held

1329
01:48:12,620 --> 01:48:18,600
lineable for those costs and the loss of revenue to that applicant based on the use that

1330
01:48:18,600 --> 01:48:24,440
he was denied, that I'm asking if that is the case, that's not the case, Marianne.

1331
01:48:25,220 --> 01:48:27,860
It's this is an application for a relief of a covenant.

1332
01:48:28,120 --> 01:48:29,380
The property is J4.

1333
01:48:29,680 --> 01:48:31,080
It is J4 now.

1334
01:48:31,120 --> 01:48:37,180
Now, talking about another one next to Christ, which is on the very, very severe occurrence

1335
01:48:37,180 --> 01:48:37,640
that I'm going to say.

1336
01:48:37,700 --> 01:48:40,460
Well, the one thing that I want, this one is J4.

1337
01:48:40,460 --> 01:48:46,040
The one thing that I'm also concerned about in terms of the quality of that area is the

1338
01:48:46,040 --> 01:48:52,940
amount of taxpayer money that he's been spent to keep it as a bucolic area. Retail creeps.

1339
01:48:53,960 --> 01:48:59,700
What you will allow here under covenants, someone else comes in, wants to same kind of covenants,

1340
01:48:59,940 --> 01:49:07,580
same kind of an office space. I've never, I have awarded monuments never once from a book.

1341
01:49:07,580 --> 01:49:14,520
I saw what I wanted out front of the monument building and when he found out what the

1342
01:49:14,520 --> 01:49:19,420
course was, how much it was going to cost and how long it was going to take to have

1343
01:49:19,420 --> 01:49:26,100
an install. I don't, I don't walk out with a car when I buy it, but it's still retail.

1344
01:49:28,120 --> 01:49:34,360
At the end? Well you never walk out with a monument at the end. You go visit the grave,

1345
01:49:34,360 --> 01:49:37,760
that's where it is. They install it, you know?

1346
01:49:37,760 --> 01:49:39,740
So we're talking about it. You know what I mean?

1347
01:49:40,200 --> 01:49:44,900
So realistically, you even need to revisit the definition of retail sales in

1348
01:49:44,900 --> 01:49:51,920
Berkhaven, or actually not consider this application in its present form because the

1349
01:49:51,920 --> 01:49:58,580
one thing I didn't hear the town attorney say was that there would be no monuments out in front.

1350
01:49:59,020 --> 01:50:02,600
There will be no monuments out in front. I didn't hear it in the covenant.

1351
01:50:02,600 --> 01:50:09,700
Well, we can, if that was, it was taken out of the application when they showed it and we told them they couldn't have it.

1352
01:50:10,120 --> 01:50:13,360
And there wouldn't be monuments out front and we can address that.

1353
01:50:13,520 --> 01:50:17,980
But I would like Mr. Russo to come back and we can't, I still have some intelligence.

1354
01:50:18,420 --> 01:50:19,460
I think you don't mind.

1355
01:50:20,560 --> 01:50:27,900
So realistically, the covenant that are revisited by boards that are long come after you guys.

1356
01:50:28,260 --> 01:50:31,860
Don't know what your discussions were, what your understanding were.

1357
01:50:31,860 --> 01:50:37,720
They only know what the Covenant says, black and white in print, and nine out of ten times

1358
01:50:37,720 --> 01:50:40,480
you can drive a map truck through some of these Covenants.

1359
01:50:41,020 --> 01:50:46,980
What I want to see very clearly is that we don't have monuments out in front of an office

1360
01:50:46,980 --> 01:50:47,420
building.

1361
01:50:48,100 --> 01:50:54,700
And frankly, I'm not so sure that, you know, I think the two civics that really represent

1362
01:50:54,700 --> 01:51:01,520
that area have a vested interest in seeing it remain in its bucolic historic function.

1363
01:51:01,520 --> 01:51:07,920
and the taxpayers of this town and the county have spent a lot of money and I think the benefit

1364
01:51:07,920 --> 01:51:13,440
to the applicant is insufficient to outweigh the detriment to the community and I think

1365
01:51:13,440 --> 01:51:16,100
I will respectfully ask that you not lift the covenant.

1366
01:51:16,420 --> 01:51:17,520
Thank you.

1367
01:51:18,940 --> 01:51:18,960
Okay.

1368
01:51:19,660 --> 01:51:20,600
So, carries the next one.

1369
01:51:20,720 --> 01:51:21,600
Do you sweat as hell of two?

1370
01:51:21,840 --> 01:51:22,040
No, two.

1371
01:51:22,180 --> 01:51:22,400
Nothing.

1372
01:51:22,680 --> 01:51:26,690
We can begin.

1373
01:51:28,130 --> 01:51:28,250
Hi.

1374
01:51:28,350 --> 01:51:28,490
Thank you.

1375
01:51:28,770 --> 01:51:29,830
Thank you.

1376
01:51:30,750 --> 01:51:37,930
I, oh, I was my father, son of a gentleman in the company, and I just wanted to clarify in the aspects to retail business with the monuments.

1377
01:51:38,550 --> 01:51:42,630
If you came into my money in the company, you could walk out with certain items.

1378
01:51:43,010 --> 01:51:49,230
For instance, at most of the cemetery, you're allowed to have lighted angels, statues, or places to grave.

1379
01:51:49,630 --> 01:51:51,870
There's also cemetery vases that can be purchased.

1380
01:51:52,370 --> 01:51:56,390
If you weren't a temporary marker, for your loved one before you even got a headstone,

1381
01:51:56,390 --> 01:52:03,170
that is something that I can give to you in-house when you come into see me and then I can present it with to you when you leave.

1382
01:52:03,470 --> 01:52:07,370
So to me that would be considered retail, which I thought we were doing at that location.

1383
01:52:08,590 --> 01:52:13,950
Also with the previous ladies basically stated, in that whole area that is there, there is no retail.

1384
01:52:14,350 --> 01:52:16,590
I think that it's cut that way for a reason.

1385
01:52:17,190 --> 01:52:22,470
I think that makes our town look the way it does and feel the way it does and also people want to stay in our town.

1386
01:52:23,110 --> 01:52:29,790
So I just want to clarify that you can walk out of my apartment company with something so which for me would be considered retail

1387
01:52:30,950 --> 01:52:37,270
I'm happy that there won't be any outdoor storage there because I think that, you know, that's something that should not be right there

1388
01:52:37,270 --> 01:52:41,550
So sometimes even if people don't want to see that when they're going to see their loved ones at that time

1389
01:52:41,550 --> 01:52:43,650
But I hope I clarify that for you

1390
01:52:43,650 --> 01:52:44,470
Thank you

1391
01:52:47,550 --> 01:52:56,610
And that is the difference in what Kerry Sinney said in that what her and her father

1392
01:52:56,610 --> 01:53:02,070
we have is a undertaking establishment and this would be just an office they could not

1393
01:53:02,070 --> 01:53:07,790
sell any of the things here that were described under the law could not sell any of the

1394
01:53:07,790 --> 01:53:10,410
things that were just described by Kerry is that correct?

1395
01:53:11,390 --> 01:53:11,910
Well,

1396
01:53:15,250 --> 01:53:20,130
we have a definition here, to my knowledge it was only monuments that we're going to be here,

1397
01:53:20,510 --> 01:53:25,470
that they would covenant, no undertaking establishment, so that would mean they're not going to sell

1398
01:53:25,470 --> 01:53:28,210
arms and things of that nature.

1399
01:53:30,990 --> 01:53:34,870
So, they've, in J4, undertaking establishments are actually allowed.

1400
01:53:35,110 --> 01:53:37,590
I know that they're going to covenant against that, I'm like correct.

1401
01:53:37,590 --> 01:53:45,930
So, if we're saying that monument use is an accessory used to an undertaking establishment,

1402
01:53:48,150 --> 01:53:49,710
then it's here.

1403
01:53:50,950 --> 01:53:57,590
So, the undertaking establishment they're covering not to do, but they would like to sell

1404
01:53:58,410 --> 01:54:04,590
and the exact language that we were proposing and which we can modify pursuant to

1405
01:54:04,590 --> 01:54:12,990
in Johnson's comments are, including the order ring ordering of cemetery monuments.

1406
01:54:14,530 --> 01:54:25,910
And however, no monuments shall be displayed out there, I will say, in the exterior of the

1407
01:54:25,910 --> 01:54:26,250
property.

1408
01:54:26,250 --> 01:54:32,850
Or the code calls it outdoor retail display that's what we did in the time of the code.

1409
01:54:33,070 --> 01:54:34,690
There's outdoor retail display.

1410
01:54:38,530 --> 01:54:44,010
And I believe that was discussed with the applicant and they were agreeable to that.

1411
01:54:44,310 --> 01:54:44,950
Correct, Mr. Rusha?

1412
01:54:45,550 --> 01:54:47,910
Yes, but I'd like to point out a couple of things.

1413
01:54:48,410 --> 01:54:50,150
And I don't want to believe we're the hearing.

1414
01:54:50,790 --> 01:54:54,470
However, I am not a fan of revisionist history,

1415
01:54:54,470 --> 01:55:00,530
But Mr. Senecason, who was kind enough to sit here and say, he bought the building, he used it as a law office.

1416
01:55:00,770 --> 01:55:03,530
He stored his stuff there. He had a title company there.

1417
01:55:03,850 --> 01:55:09,610
Except the container that's on the property was Mr. Senecason's, along with another container.

1418
01:55:09,850 --> 01:55:14,830
And when he sold it to my client, he removed one and said, I'm going to leave the other one there for you.

1419
01:55:15,250 --> 01:55:17,210
I'm not able to remove it.

1420
01:55:17,750 --> 01:55:23,430
In those containers that were there for over eight years, there were his files.

1421
01:55:23,430 --> 01:55:26,210
and other documents from his law office.

1422
01:55:26,730 --> 01:55:31,710
However, the other part that we seem to be forgetting is the barn that was there, and since

1423
01:55:31,710 --> 01:55:34,610
there are at least one, two, three of you from Santa Maritches.

1424
01:55:34,790 --> 01:55:38,950
My client's telling me when he was looking at the property, he had had both builders in the

1425
01:55:38,950 --> 01:55:44,430
barn, he had had carpenters in the barn, he had had landscapers in the barn, they were

1426
01:55:44,430 --> 01:55:51,430
trucks parked on the property, and they were fire extinguish fire extinguish individual

1427
01:55:51,430 --> 01:55:53,450
who made fire extinguishes in the barn.

1428
01:55:53,710 --> 01:55:55,630
So there were various uses that were used here

1429
01:55:55,630 --> 01:56:00,190
in this bucolic setting that he is purporting to say,

1430
01:56:00,650 --> 01:56:04,250
you don't have to, I want to enforce my covenant.

1431
01:56:04,990 --> 01:56:07,410
What I find also interesting is Mr. Davis,

1432
01:56:07,970 --> 01:56:10,170
a very well-practiced, disowning attorney,

1433
01:56:10,330 --> 01:56:13,030
has been for the sport to relieve covenants as well.

1434
01:56:13,510 --> 01:56:16,390
So he understands the purpose, he understands the nature

1435
01:56:16,390 --> 01:56:17,530
and why we're here.

1436
01:56:17,830 --> 01:56:19,910
We're here because the covenant that was there

1437
01:56:19,910 --> 01:56:23,850
was uninforcible, as the town attorney, and I have discussed.

1438
01:56:24,570 --> 01:56:27,090
The other part is, yes, there was a violation issue.

1439
01:56:27,350 --> 01:56:30,030
It's returnable in the District Court on December 3rd.

1440
01:56:30,230 --> 01:56:33,530
This application, since its filing, which goes back

1441
01:56:33,530 --> 01:56:37,990
to March of last year, has taken a year when he first came

1442
01:56:37,990 --> 01:56:40,490
into my office last November, a year this time,

1443
01:56:40,930 --> 01:56:43,370
to get before the board, a simple release of Covenant

1444
01:56:43,370 --> 01:56:44,870
has taken a year to get a hearing.

1445
01:56:45,710 --> 01:56:49,050
And in this particular case, he's prepared to go to prison.

1446
01:56:49,050 --> 01:56:50,990
Why do you think it took a year?

1447
01:56:51,310 --> 01:56:51,530
Why?

1448
01:56:52,190 --> 01:56:54,210
I have, well, part of it.

1449
01:56:54,910 --> 01:56:56,170
We had to revise it.

1450
01:56:56,450 --> 01:56:59,170
Because partly it also had to do with the fact that there

1451
01:56:59,170 --> 01:57:01,530
was questions about figuring out what the sources were.

1452
01:57:01,970 --> 01:57:04,110
And then I will also point out to you that I had

1453
01:57:04,110 --> 01:57:05,670
surgically from the 14th of September.

1454
01:57:06,130 --> 01:57:09,650
And I'm just about walking again as a result of a right

1455
01:57:09,650 --> 01:57:11,030
left knee replacement.

1456
01:57:11,190 --> 01:57:12,970
But it's taken a year to get to this hearing.

1457
01:57:13,790 --> 01:57:14,830
It's a simple hearing.

1458
01:57:14,830 --> 01:57:19,490
It's not, it's not one that's like controversial, yes.

1459
01:57:19,850 --> 01:57:22,390
Mary and Johnston talking about looking at

1460
01:57:22,390 --> 01:57:23,810
covenants that need to be revised.

1461
01:57:24,690 --> 01:57:25,950
Yes, tell them where it's this board.

1462
01:57:26,030 --> 01:57:27,130
I was deputy supervisor.

1463
01:57:27,370 --> 01:57:29,810
There were times when we put covenants on property

1464
01:57:29,810 --> 01:57:31,470
that perhaps weren't done.

1465
01:57:31,870 --> 01:57:33,870
And you can look at the minutes with the best

1466
01:57:33,870 --> 01:57:36,810
of fourth or an illegal action that went with it.

1467
01:57:37,010 --> 01:57:40,390
So in this case, you're trying to fix a zoning error.

1468
01:57:40,990 --> 01:57:42,730
Or if you want to put new covenants on it,

1469
01:57:42,730 --> 01:57:48,230
we're willing to consider it, and in terms of the use, it's planned to be and continue to be

1470
01:57:48,230 --> 01:57:49,330
a residential use.

1471
01:57:50,070 --> 01:57:54,610
And so, at this particular point in time, I would also like the point after you that when

1472
01:57:54,610 --> 01:58:02,010
there's discussion by R&D, the property that was denied, because there was a letter of November

1473
01:58:02,010 --> 01:58:07,730
16 from R&D, the investment company, and I talked about how their application was denied.

1474
01:58:07,730 --> 01:58:24,810
But I did a search in the governments and restrictions on that particular property, and what I found out was, after that was denied, in 1995, a change of zone was granted, and the change of zone that was granted, and I have copies of it, was from anyone to Jay to business.

1475
01:58:24,810 --> 01:58:26,370
for this particular problem.

1476
01:58:26,530 --> 01:58:27,330
No, no, for Roddick's.

1477
01:58:27,330 --> 01:58:28,010
For Roddick's.

1478
01:58:28,610 --> 01:58:29,590
I've been checking.

1479
01:58:30,110 --> 01:58:32,630
Here in R&D has nothing to do in this area.

1480
01:58:33,010 --> 01:58:36,330
I just have the money that you denied a jay for there.

1481
01:58:36,890 --> 01:58:37,930
And it did get Marion died.

1482
01:58:37,930 --> 01:58:39,750
But that would have no bearing on this case.

1483
01:58:39,810 --> 01:58:42,270
Well, it does the board should know the truth.

1484
01:58:42,730 --> 01:58:44,250
The purposes of the truth go ahead.

1485
01:58:44,330 --> 01:58:46,870
The purpose of the truth, and I'll give you up the two

1486
01:58:46,870 --> 01:58:49,850
Publints and restrictions, is that the adjoining property

1487
01:58:49,850 --> 01:58:53,250
that Mr. Dixon is complaining about,

1488
01:58:54,250 --> 01:58:55,110
I'm sorry.

1489
01:58:55,410 --> 01:58:56,310
Not in a way, not in a fun.

1490
01:58:57,290 --> 01:58:57,510
Next slide.

1491
01:58:57,710 --> 01:59:02,570
This letter that he wrote to this board in the town clerk that was filed as of Monday.

1492
01:59:03,210 --> 01:59:05,190
Indicates I was denied a change of zone.

1493
01:59:05,690 --> 01:59:06,650
We went to the records.

1494
01:59:06,950 --> 01:59:08,390
We wanted to verify that.

1495
01:59:08,690 --> 01:59:11,030
What we found was it was denied then.

1496
01:59:11,290 --> 01:59:13,370
But two years later, you got a change of zone for me.

1497
01:59:13,510 --> 01:59:14,910
One to Jane too for the property.

1498
01:59:15,470 --> 01:59:18,390
And with all due respect, the present town attorney was council.

1499
01:59:18,950 --> 01:59:20,850
Then and has the covenants here.

1500
01:59:21,050 --> 01:59:22,070
So I'll pass them up.

1501
01:59:22,070 --> 01:59:26,430
So, the bottom line is, I'm not looking for the penalized device.

1502
01:59:26,550 --> 01:59:28,490
I'm not looking to penalize anybody.

1503
01:59:28,730 --> 01:59:33,070
What we're trying to do is take a business, an office use,

1504
01:59:33,390 --> 01:59:36,370
and make it a viable office use in a two-story building,

1505
01:59:36,570 --> 01:59:39,090
with all of the commitments and suggestions that we're being put forward.

1506
01:59:39,510 --> 01:59:41,510
I'll test these up exactly.

1507
01:59:42,030 --> 01:59:44,670
Are you sure you're correct that it went to J2 and not J?

1508
01:59:46,350 --> 01:59:50,310
They may have went to J. I couldn't verify the tax lot or the meeting bounds,

1509
01:59:51,030 --> 01:59:54,250
because I don't have the technology here.

1510
01:59:54,910 --> 01:59:57,470
It has the same tax law and it does say that.

1511
01:59:58,310 --> 01:59:59,790
And it's the same tax law in the public.

1512
02:00:00,000 --> 02:00:06,680
Restrictions, unless I'm misreading it and I'm looking at it against the R&D investment company letter of November 16.

1513
02:00:09,860 --> 02:00:18,540
And the bottom line is the R&D investment company property, which is 200, maybe number of the top. It's on the negative.

1514
02:00:19,700 --> 02:00:21,200
There it is. 200,

1515
02:00:25,250 --> 02:00:29,990
we could pull it up. Those are the cognits and it says it's J2.

1516
02:00:29,990 --> 02:00:37,130
So, again, I'm not looking to ruin the Bucharest setting of Senate Marriages, we're trying

1517
02:00:37,130 --> 02:00:43,230
to take an unforceful covenant making it go away and have an office use in the facility.

1518
02:00:44,570 --> 02:00:50,110
The building violation that was issued was for the fact that he put a new roof, he put

1519
02:00:50,110 --> 02:00:54,750
siding and resurfaced the garage door.

1520
02:00:55,110 --> 02:00:59,270
That's still to be debated with the building department and with the district with the

1521
02:00:59,270 --> 02:01:04,550
the attorney, because building permits for new roof and cedar shake and resurfacing of

1522
02:01:04,550 --> 02:01:09,250
garage door. Last time I looked did not require a building permit. If you made structural

1523
02:01:09,250 --> 02:01:14,810
changes that did make a require a building permit. There was also, there was also a change

1524
02:01:14,810 --> 02:01:20,550
required building permit, cosmetic changes, but you know. And in addition to that, there was

1525
02:01:20,550 --> 02:01:26,370
a summons issue, because there was use other than a law office, and that's what the two summons

1526
02:01:26,370 --> 02:01:28,370
are that we're issued. And we're addressing that.

1527
02:01:29,550 --> 02:01:31,470
I cannot explain a little bit about the dictionary.

1528
02:01:31,610 --> 02:01:35,050
You want to take it in further. Further further, further, in some of the truth, it's

1529
02:01:35,050 --> 02:01:36,470
own Jay. That's Jay too.

1530
02:01:36,710 --> 02:01:38,370
I'm not sure if I remember correctly.

1531
02:01:38,870 --> 02:01:43,350
It's been a while. I was probably reviewing it back then in 1994.

1532
02:01:44,410 --> 02:01:48,470
I believe at the public hearing that time it was changed from a Jay to

1533
02:01:48,470 --> 02:01:52,510
application to a Jay business application, the board granted it as Jay

1534
02:01:52,510 --> 02:01:59,590
and the town clerks letter from that time does say a want to jade business and does appear on

1535
02:01:59,590 --> 02:02:01,070
the maps today as jade business.

1536
02:02:01,610 --> 02:02:03,070
But the governments reflect jade, too.

1537
02:02:04,130 --> 02:02:06,770
Dan, are you going to close this and hold a position here?

1538
02:02:06,770 --> 02:02:09,090
I want to close this and hold it.

1539
02:02:09,850 --> 02:02:11,090
I'm not going to make a decision tonight.

1540
02:02:11,190 --> 02:02:15,950
I'm going to work on the governance to make the governance more specific in the event that

1541
02:02:15,950 --> 02:02:18,050
this board does pass it.

1542
02:02:18,130 --> 02:02:21,350
I'd like to see the district court action closed out.

1543
02:02:21,350 --> 02:02:27,130
And by the time our next town board meeting comes about, I believe, when you back before it.

1544
02:02:27,130 --> 02:02:29,310
That may be the case, but I'll close it for third.

1545
02:02:29,690 --> 02:02:31,310
And place it on the decision calendar.

1546
02:02:33,330 --> 02:02:33,570
Okay.

1547
02:02:33,570 --> 02:02:33,650
Motion.

1548
02:02:38,740 --> 02:02:39,140
Thank you.

1549
02:02:39,740 --> 02:02:40,540
I'm sorry.

1550
02:02:44,420 --> 02:02:45,300
I'm sorry.

1551
02:02:45,440 --> 02:02:45,560
I'm sorry.

1552
02:02:45,560 --> 02:02:45,740
I'm sorry.

1553
02:02:45,940 --> 02:02:46,080
Thank you.

1554
02:02:48,060 --> 02:02:48,940
Thank you.

1555
02:02:54,400 --> 02:02:59,540
Okay, we're on to our next and last public hearing, public hearing number five.

1556
02:03:00,460 --> 02:03:01,480
Number four.

1557
02:03:01,700 --> 02:03:02,420
Number four.

1558
02:03:02,840 --> 02:03:11,580
Public hearing number four is to consider ten boards on motion for our CR-D-S5-2A for a changes zone.

1559
02:03:11,800 --> 02:03:18,280
J-business to J-business on property located in Brookhaven, Hamlet, New York.

1560
02:03:18,280 --> 02:03:26,960
Legal notices for public hearings are published now less than 10 days, no more than 20 days prior to public hearing and one of the legal time news papers are office has.

1561
02:03:27,220 --> 02:03:30,500
We see if the signed academic day would have publication from the news paper.

1562
02:03:31,140 --> 02:03:38,820
Secure compliance was covered by the binding statement and the firm's findings statement for the comments of our conservation and management plan.

1563
02:03:38,820 --> 02:03:45,920
We are in the receipt of a letter from the South of County Planning Commission, returning it to be a matter for a local determination.

1564
02:03:46,780 --> 02:03:51,780
Town clerk's office was required to notify the owners of the subject property by sort of, I'd mailed,

1565
02:03:52,420 --> 02:03:56,600
and the certified knowingly seats have been made part of the town clerk's official file.

1566
02:03:58,080 --> 02:04:04,200
The letter from dated October 20, 2015 from South of County Planning,

1567
02:04:04,200 --> 02:04:14,260
the MSMAT pursuant to the requirements of Section A14-14-14, A14-14, to A14-25 with Suffolk

1568
02:04:14,260 --> 02:04:18,800
and Administrative Code, the above reference application, which has been submitted to the

1569
02:04:18,800 --> 02:04:23,580
Suffolk and Economic Planning Commission, is considered to be a metaphorical determination

1570
02:04:23,580 --> 02:04:29,740
as there is no apparent significant, any wider, inter-community impacted, decision-of-local

1571
02:04:29,740 --> 02:04:35,100
determination, should not be construed as either an approval or disapproval signed very

1572
02:04:35,100 --> 02:04:38,160
truly yours, Andrew P. Freyling, Chief Planner.

1573
02:04:39,860 --> 02:04:39,920
Okay.

1574
02:04:41,740 --> 02:04:48,420
With that, we'll have Joe Sinsana from our planning development to simply review this property.

1575
02:04:48,800 --> 02:04:49,400
Thank you.

1576
02:04:49,640 --> 02:04:50,880
I'm Supervisor Mums of the Board.

1577
02:04:51,220 --> 02:04:54,660
This property is part of the Carmen's River Conservation Management Plan.

1578
02:04:54,660 --> 02:04:58,500
It was one of the properties proposed for rezoning within that plan.

1579
02:04:58,500 --> 02:05:07,920
The property is 0.9 acres in the size located on the south east corner of Yappank Avenue in the first block road in the Hamlet of Brookhaven.

1580
02:05:08,340 --> 02:05:11,420
Sight is currently vacant and undisturbed.

1581
02:05:11,980 --> 02:05:18,540
It is adjacent to other single family residential land uses, a long Yappank Avenue on the east side.

1582
02:05:18,920 --> 02:05:24,140
On the west side of Yappank Avenue is town property, which is part of our waste management facility.

1583
02:05:25,300 --> 02:05:31,780
The site is vacant, fortunately. Currently zone J2 Business, the Lange Plan recommended

1584
02:05:31,780 --> 02:05:38,700
that this site be resowned. The proposed zoning at the time is A2, the property owner,

1585
02:05:38,860 --> 02:05:45,440
and the town work together, and agreed to J Business for this particular property. So the proposed

1586
02:05:45,440 --> 02:05:50,220
J Business, we would consider that to be in conformance with the recommendations of the Lange's

1587
02:05:50,220 --> 02:05:57,380
land and would be also in conformance with our comprehensive plan as well.

1588
02:05:57,560 --> 02:06:02,040
Joe, could you just list what you said or allowable in J?

1589
02:06:02,300 --> 02:06:06,280
In J, you have personal service shops, office,

1590
02:06:08,320 --> 02:06:11,260
other non-retail commercial uses with

1591
02:06:11,260 --> 02:06:16,400
the residential architecture, so it must look like a residence when you drive by and put

1592
02:06:16,400 --> 02:06:16,540
no more than a second.

1593
02:06:18,780 --> 02:06:20,380
Non-retele commercial payments.

1594
02:06:24,030 --> 02:06:27,110
It's surrounded by it's, so that's only what's surrounded as A2.

1595
02:06:27,390 --> 02:06:31,070
That's correct, that is South and East is A2.

1596
02:06:31,570 --> 02:06:34,490
Those are single family residences along the Pancavindu.

1597
02:06:34,690 --> 02:06:35,830
I'll go back to the aerial.

1598
02:06:37,130 --> 02:06:39,950
And you can see right in this area.

1599
02:06:40,310 --> 02:06:43,910
And what contributing area, what contributing zones, that in?

1600
02:06:43,910 --> 02:06:50,930
This is in the 10 to 20 areas of a little bit outside of the two to five, which we focused on in the

1601
02:06:50,930 --> 02:06:57,610
in the Conjurer plan, but it still was in the area where we up zoned all of the residential properties.

1602
02:06:58,770 --> 02:06:59,830
Okay, thank you.

1603
02:07:03,050 --> 02:07:07,350
Okay, we have speakers on this. There's a code to call speakers.

1604
02:07:07,350 --> 02:07:09,270
I'm that carrying Johnston.

1605
02:07:09,550 --> 02:07:11,230
Who has already been sworn in?

1606
02:07:11,950 --> 02:07:13,170
It's not an adjourning.

1607
02:07:13,710 --> 02:07:14,570
What's going on?

1608
02:07:14,950 --> 02:07:16,330
I'm just walking out of the body.

1609
02:07:16,530 --> 02:07:17,170
You're not going to be living up here.

1610
02:07:17,210 --> 02:07:17,570
You're not even a copy.

1611
02:07:17,570 --> 02:07:18,270
We're giving you time, Mary.

1612
02:07:20,840 --> 02:07:21,500
What's that?

1613
02:07:21,540 --> 02:07:22,000
That's not working.

1614
02:07:22,660 --> 02:07:22,800
On the speaking.

1615
02:07:22,800 --> 02:07:23,740
That's the only speaking, yeah?

1616
02:07:23,740 --> 02:07:24,580
Yeah, yes.

1617
02:07:25,340 --> 02:07:26,620
When I'm Eddie, I'll go to the roast.

1618
02:07:26,740 --> 02:07:27,620
So there you go.

1619
02:07:27,960 --> 02:07:29,980
You can, your time is begun.

1620
02:07:30,340 --> 02:07:31,560
My time is begun?

1621
02:07:32,140 --> 02:07:32,400
OK.

1622
02:07:32,820 --> 02:07:33,660
Mary and Johnston.

1623
02:07:34,760 --> 02:07:38,960
I have an interest in this property, not financially or in any other

1624
02:07:38,960 --> 02:07:45,560
away, but one of the impedices was a project that came forward on this prior to the comments

1625
02:07:45,560 --> 02:07:46,220
or ever.

1626
02:07:46,540 --> 02:07:50,560
If you remember, I think it was corporate center, or some such thing.

1627
02:07:51,020 --> 02:07:55,500
And it was going to be two stories that was going to be offices and stuff like that.

1628
02:07:56,040 --> 02:08:00,260
But this is inconsistent with the intent and the stated purpose.

1629
02:08:00,760 --> 02:08:06,880
And it would be outside the character of the general area in which you've up-sewn residences

1630
02:08:06,880 --> 02:08:09,620
and residential areas to A2,

1631
02:08:09,920 --> 02:08:14,220
subjecting them to the restrictions of being in the comments

1632
02:08:14,220 --> 02:08:16,180
or of a watershed management area.

1633
02:08:17,200 --> 02:08:20,080
So I have some very serious concerns.

1634
02:08:20,220 --> 02:08:23,580
There's only one retail type establishment

1635
02:08:23,580 --> 02:08:25,620
that's along the APNK Avenue.

1636
02:08:26,700 --> 02:08:29,600
It's essentially a small little strip mall,

1637
02:08:30,200 --> 02:08:31,760
just north of this site.

1638
02:08:31,760 --> 02:08:42,120
But personal service, you know, facilities, hairdressers, tattoo parlors, tanning salons.

1639
02:08:42,840 --> 02:08:43,080
Really?

1640
02:08:43,860 --> 02:08:48,280
Is that what we want in the comments of a watershed management preservation areas?

1641
02:08:48,680 --> 02:08:49,760
I don't think so.

1642
02:08:50,660 --> 02:08:56,400
When you are empowered with the power of police power to upsell things, to preserve things,

1643
02:08:56,480 --> 02:08:58,880
you need to actually achieve the purpose.

1644
02:08:58,880 --> 02:09:05,000
A lot of people were very upset that their land was put into the core, or that they were

1645
02:09:05,000 --> 02:09:10,840
put into the CGA, but we did the right thing, and we need to do the right thing here too.

1646
02:09:11,160 --> 02:09:18,400
A personal service of facility located on that site would be anathema to the intent of the

1647
02:09:18,400 --> 02:09:24,780
commons river, preservation and management study, and it is just outside the two to five years

1648
02:09:24,780 --> 02:09:30,680
just outside, and personal service facilities, they have

1649
02:09:30,680 --> 02:09:35,080
cesspools, and stuff like this, there's no sewer in here.

1650
02:09:35,620 --> 02:09:37,860
There's barely any public water in the area.

1651
02:09:38,880 --> 02:09:46,040
So realistically, you allow this to come forward, and what happens is, again,

1652
02:09:46,500 --> 02:09:52,180
retail creep, you know, somebody else comes in and says, well, you did it for that guy,

1653
02:09:52,180 --> 02:09:58,780
I need to do it for me, and we have to be consistent when we state something, an abca was very

1654
02:09:58,780 --> 02:10:00,120
consistent about this.

1655
02:10:00,420 --> 02:10:05,300
When you call something a preservation plan, it needs to preserve, not development.

1656
02:10:05,820 --> 02:10:13,160
This is a wooded parcel, it's ideal for preservation, and not for changing to a personal service

1657
02:10:13,160 --> 02:10:14,780
contract in the J-zone.

1658
02:10:15,120 --> 02:10:21,380
Even J-2 is very, it's not J is less restrictive, it's transition zone, but transition

1659
02:10:21,380 --> 02:10:27,720
from what? The river is on one side and was in the landfill or on the other side, and the county

1660
02:10:27,720 --> 02:10:32,840
center is to the north. We're not transitioning anything. What you're doing is essentially

1661
02:10:32,840 --> 02:10:38,260
allowing a personal service facility to be built in the middle of the watershed management plan.

1662
02:10:38,600 --> 02:10:41,140
I say no. Thank you.

1663
02:10:43,860 --> 02:10:53,490
You know, the speaker is on this, uh, a net, that way is the speaker's right.

1664
02:10:53,490 --> 02:10:54,050
Oh, sorry.

1665
02:10:54,510 --> 02:10:54,910
Yes, Councillor.

1666
02:10:55,350 --> 02:11:03,210
Can you, um, tell me why you're planning is asking for a jazon here?

1667
02:11:03,730 --> 02:11:05,570
Well, the property right now is J2.

1668
02:11:05,710 --> 02:11:08,090
We feel that that's inappropriate for this location.

1669
02:11:08,090 --> 02:11:17,510
And Jay business would be more compatible to the adjacent residential land uses as opposed to the J2.

1670
02:11:17,930 --> 02:11:20,970
Okay, normally now, this is in what I'm sorry, what contributing area of law?

1671
02:11:20,970 --> 02:11:23,110
Just in the 10 to 10.

1672
02:11:24,830 --> 02:11:29,630
Was this in the plan? Was this intended to go to residential?

1673
02:11:29,950 --> 02:11:30,730
It was.

1674
02:11:30,730 --> 02:11:43,450
Yeah, original proposal. You can see this is CR52A. We originally heard this as 502. We adjourned that and met with the property owner and worked out a J Business as opposed to the

1675
02:11:43,450 --> 02:11:43,970
Eight.

1676
02:11:44,350 --> 02:11:45,390
This is a company.

1677
02:11:45,490 --> 02:11:46,050
We've got this.

1678
02:11:46,530 --> 02:11:46,570
Yes.

1679
02:11:46,610 --> 02:11:47,450
With the property owner.

1680
02:11:47,830 --> 02:11:48,810
Point nine acres.

1681
02:11:49,350 --> 02:11:52,610
Point nine. Yes. So you're going to get a very small development.

1682
02:11:53,290 --> 02:11:55,470
It would be essentially a size of a house.

1683
02:11:55,510 --> 02:11:56,470
Size of a house.

1684
02:11:56,750 --> 02:11:58,210
Size of a single family house.

1685
02:11:58,210 --> 02:12:06,690
Yeah, now we're looking at surrounding that is that E2 that I'm looking at so the south is a two and developed with single family homes

1686
02:12:07,510 --> 02:12:14,130
Along the east side of Yapank Avenue. Yeah, I would agree with Mary Ann. I do not think this is appropriate for Jay. So

1687
02:12:14,130 --> 02:12:16,690
I don't know how we want to proceed here

1688
02:12:16,690 --> 02:12:18,870
Why don't you do it

1689
02:12:18,870 --> 02:12:24,270
Well, we do it if the board all feels the same way and Joe. I guess we come back with the

1690
02:12:24,270 --> 02:12:27,530
and let the chips fall in any.

1691
02:12:27,870 --> 02:12:29,030
All right, motion to withdraw.

1692
02:12:30,570 --> 02:12:31,170
Second.

1693
02:12:31,570 --> 02:12:32,530
All those in favor.

1694
02:12:32,970 --> 02:12:33,410
All right.

1695
02:12:33,410 --> 02:12:35,470
Let me just find the correct spot.

1696
02:12:37,870 --> 02:12:40,030
Motion by Councillor Kaffee to withdraw.

1697
02:12:40,490 --> 02:12:41,270
Secondary value.

1698
02:12:44,070 --> 02:12:45,050
All those in favor.

1699
02:12:45,610 --> 02:12:45,930
All right.

1700
02:12:46,150 --> 02:12:46,650
Opposed.

1701
02:12:47,530 --> 02:12:47,930
Okay.

1702
02:12:48,490 --> 02:12:49,330
All the ones in return.

1703
02:12:49,870 --> 02:12:50,190
All right.

1704
02:12:50,910 --> 02:12:52,030
We have set dates.

1705
02:12:52,410 --> 02:12:52,670
Okay.

1706
02:12:52,970 --> 02:12:53,790
Set dates, please.

1707
02:12:54,590 --> 02:13:03,790
I have a motion to set Uniform Traffic Code to be heard on December 17, 2015 and 630M.

1708
02:13:08,060 --> 02:13:08,920
All those in favour?

1709
02:13:10,280 --> 02:13:10,820
Opposed?

1710
02:13:11,740 --> 02:13:12,380
That's done.

1711
02:13:13,180 --> 02:13:14,240
And I think that's it then.

1712
02:13:17,180 --> 02:13:17,540
Okay.

1713
02:13:18,540 --> 02:13:18,760
Okay.

1714
02:13:18,940 --> 02:13:20,820
If you know further business motion, do a join.

1715
02:13:23,320 --> 02:13:23,980
All those in favour?

1716
02:13:24,860 --> 02:13:25,660
Stand the join.

1717
02:13:34,510 --> 02:13:34,670
Two.