Town Supervisor Jim Dougherty opened the Work Session with remarks confirming budget information that has been sent to all Town departments and committees –   All capital expenses should be deferred, if possible;

 

 Mindful that mandated programs are inflexible in budget terms, discretionary costs should be cut at least by 5 percent;  Meetings with department heads and committee chairmen and women will be set, initially with him and a council member and then at a Work Session; A contingency plan for mid-year correction should be included, “just in case 2009 doesn't unfold as nicely as we anticipate.”   He also reiterated that the search for unused assets continues, with a reminder of the sale at two and a half times value of reconditioned car had yielded $1,100 and a second car had been found at the Highway barn and that he had requested revoking its registration and insurance.  “Every household and every agency has fat,” he said as he asked Town officials and staff to “look hard” – and said he would welcome suggestions from all Shelter Islanders, either directly or via a Work Session.

 

Administration of First-time Home Buyer Exemption from 2% Tax – Noting that NY had adopted this legislation in Albany at the last session, he characterized it as comprising an Income text, Max purchase (price) test and a first-time home buyer test and asked Laury Dowd to summarize it. Which she did.
 Pointing out that it was adopted with Shelter Island’s recommendation, Ms. Dowd explained criteria defined as the first time to purchase a primary residence within three years of prior ownership of a primary residence, including a town home or condo, by an individual or his or her spouse.   Councilman Glenn Waddington asked if prior ownership was “anywhere, or just New York,” to which she responded “anywhere.”  Al Hammond, Assessor's Office Chairman, concurred, noting that he had already had inquiries from a prospective buyer who is a NJ homeowner. Income criteria included maximum dual [household?] income of $97K, Mr. Hammond added that income criteria is “based on combined gross income of both/all owners.”  Ms. Dowd continued, explaining that purchase price is capped at $550K, and Mr. Hammond pointed to a 120% cap on the $550 purchase price, $660K would be the maximum purchase price on Shelter Island under this program.  She concluded with a recommendation that the Town Board needs to be ready to implement this legislation and referenced Southampton’s requirement of tax return and property contract review and approval, but was unclear about who should review – the Community Housing or the “2%” Committee.
 Mr. Hammond said that Assemblyman Fred Thiele’s office had sent application requirements and requesting that applications be review by the Assessor's Office before being sent to Suffolk County offices.  He said his office had prepared a form and has begun a process that he would be happy to continue.
 Jim Dougherty asked if the legislation applied to undeveloped property.  Mr. Hammond said it did not – that it was limited to the purchase of a primary residence. “Construction is not written in the law,” he said, noting that he would bring the question to Assemblyman Thiele’s office.
 Glenn Waddington stressed that “we all want the people who really need it to benefit,” and asked that an application be sent to each Council member for review.

 

Library SEQRA Ruling – After a brief review for Deputy Supervisor and Town Councilwoman, Chris Lewis who was not in attendance at last week’s Work Session discussion of the SEQRA application – and stressing that approval does not waive rights to permit review – it was decided to put the application on the Town Board’s Friday meeting agenda for approval. 

Geothermal Discussion  – Jim Dougherty opened discussion by noting that a moratorium on geothermal systems is in effect on Shelter Island, that this is revision number five of the proposed legislation and that it is with committees and boards for review.  Councilman Peter Reich said he had received some comments on lateral separation from the Miller Environmental firm from whom the Town had decided to accept an offer for consultation.  A meeting has been set for Friday at 3:00 pm in Calverton with Ed Brown and Hoot Sherman, who will attend for John Hallman.  Chris Lewis mentioned an e-mail the Town had received from Bernie Gillespie, but no specifics were discussed.  She also suggested that the Town meet with the CAC and other relevant committees on this issue.  Jim Dougherty said that all committees had “pledged to come to a Work Session,” adding that his meeting and/or notes from Ed Bausman were very helpful.  He cited “tremendous concern,” noting observations from five of nine CAC committee members: that perhaps the aquifer should serve a single and sole purpose: to provide ample amounts of potable water, after a discussion/debate of the value of ancillary uses or benefits on Shelter Island;  that penalties for infraction seemed too low, and recommended considering per-day fines until remedied; concern about contamination issues, especially as a result of cracking from tree-root growth; necessary exploration of legal exposure of the Town
 Glenn Waddington, noting that the “letter had come over the transom,” wondered if the Town should find out if “they have a dog in this hunt.”  Peter Reich said that Miller Environment works primarily in Queens and is not working with anyone on Shelter Island.  Jim Dougherty said that the Masterplan Committee, who currently feels that “the law might be a little too permissive,”  also plans to review and noted that August is a difficult time for Shelter Island committees to meet, but that they have been communicating on this issue via e-mail and telephone.  Chris Lewis asked if there were other “single source” site regulations that we might uses as application examples, but no one offered any examples although Peter Reich said he had done a review.  She added that “we have a lot to think about,” and Peter Reich concurred.  “It’s ground-breaking legislation,” he said, adding, “no pun intended.”  Jim Dougherty asked if Council members had seen an article in the Business section of last Thursday’s New York Times, which he said characterized geothermal systems as “the best thing since sliced bread.”

 

Wetlands Application(s) – Jim Dougherty noted that the CAC had voted unanimously (5-0) in favor of granting the Lebowitz application for a permit for a shed on freshwater overlay property and suggested setting a public hearing at Friday’s Town Board meeting.  Glenn Waddington noted that two Planning Board members had been assigned to review the application, which it was noted now shows hay bales found wanting last week, and would certainly have done so in time.   Peter Reich explained that “Coir logs,” which puzzled and confused members at last week’s discussion, were logs made of untreated [coconut?] wood that disintegrates quickly and are well suited to the purpose of near shore wetlands shoreline repair proposed in the Nemeth application.  Discussion centered finding site plan markings of 20 cubic yards of fill, which it was decided to ask be brought to [prior to?] the Friday meeting at which a public hearing would be set.

 

OTHER BUSINESS:
Ed Brown asked for a review of the budget process, which was provided via a recap of a recently sent memo.  Jim Doughterty also noted that budget-vs-actuals for  2006-2007 and 2008 through August 31st would be included in the process.  He pointed out that the extra meetings held last year had worked well and all agreed to repeat.  Peter Reich requested a calendar of special budget meetings with department and committee heads.  Jim Doughterty agreed, stressing that “I want to be really flying high by Labor Day on this because it’s going to be a tough budget year.”
 Mr. Brown also reported on receiving a call on parking at Fresh Pond, generating a discussion in which Mark Ketcham participated.  Glenn Waddington wondered if the property owners were “playing cute” with personal vehicles, and, if so, urged the Board to “do something about that.”  Dotty Ogar asked if Fresh Pond might be added to parking permit regulations and Peter Reich asked if the Highway Department had a survey of the area.  He answered in the affirmative, prompting Peter to ask that parking be marked with a “P” and copies be made available.  It was also decided to check curb cuts for parking legality on Fresh Pond Road and on Lake Drive.   Glenn Waddington asked if the Town had acquired a conservation easement on the South side that might be used for parking.  Mark Ketcham said there was, but pointed out it involved total wetlands which does not allow or facilitate parking.  The same, he said, is true of two other conservation easements which were solely for “forever green,” and also do not allow parking spaces.
 Mr. Brown continued, noting that the Kettle Bake was successful on Taylor’s Island and that he had a request from Corky Diefendorf to put a West Neck Creek spawning sanctuary (off of Nelson White’s property) on a Town Board Work Session agenda.  Peter Reich asked for coordinates, which will be supplied and requested that near shore driveways also be added to a Work Session agenda – next week’s? – and that Billy Banks attend.
He reported on a call from LIPA requesting resolution of their request and asked for an executive session discussion.  Jim Dougherty said he had received a call from Kevin Law at LIPA who said that he was”outraged at the performance of LIPA people” and will take corrective action.  Chris Lewis complimented the Shelter Island Reporter for running the “informative” substation piece, noting that “I can’t imagine that substations differ much from state to state.”

 

Peter Reich reported on moorings inspection at Dering Harbor, noting that at least one-third of them are not marked with a Town permit number, which makes it hard to organize for the GIS system and said warning letters to get permits numbers would be sent.  He recommended that any moorings without permit numbers by next July 1st be referred to the Bay Constable for summons.  Laury Dowd suggested that legibility and/or permanence be added to warnings. 

Jim Dougherty reported on a positive conversation he had with Representative Tim Bishop on helicopter complaints last Friday and said that Bishop –  had sent his [Dougherty’s] August 8th letter – including complaint logs – to the Helicopter Association to rebut their claims; had introduced a bill co-sponsored by Senator Schumer to adopt mandated altitude levels for helicopters, admitting that it had no chance of passing in the current legislature, but has hopes for a more favorably disposed Congress next year.  He also noted that he had “heard that the FAA, like a lot of regulatory agencies, has become a little too friendly with the people they’re supposed to be regulating.” and, that he made sure that Bishop had seen Carl Grossman’s column in last week’s Reporter, citing pilots’ comments.

Glenn Waddington said he was bothered by the focus on altitude and felt we should be more concerned about helicopters’ course(s); Ed Brown concurred, “We shouldn’t be taking everybody else’s traffic.”
Finally, he pointed out that there is a hearing tonight in Riverhead, noting that even Suffolk County Legislator Ed Romaine acknowledges that the County cannot regulate air space. 

 

Glenn Waddington, citing “a threat to some hunting success,” suggested that the Town “get the Deer & Tick people in,” because this is “something we have to start talking about publicly.” 

 

Chris Lewis’ remarks were limited to agreement with Glenn Waddington that “this is something we don’t want to lose.” 

 

 The Work Session was adjourned at 1:55pm to accommodate closed Executive Session discussion of contract negotiations, pending litigation and contracts.