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[MESSAGE JSNF-285-09]

DRAFT Minutes of the July 9, 2019 Meeting of the Asharoken Board of Trustees

 Incorporated Village of Asharoken

Board of Trustees Organizational Board Meeting

         Tuesday, July 9, 2019 6:30pm

             At the Village Hall

Approximate Attendance (11)

DRAFT                                                                

Officers Present:                                                         

Greg Letica, Mayor

Pam Pierce, Deputy Mayor

Melvin Ettinger, Trustee

Laura Burke, Trustee

Ian Jablonski, Trustee

 

Officials & Appointees Present:

Nancy Rittenhouse, Village Clerk

Bruce Migatz, Village Attorney

Doug Adil, Building Inspector

Marty Cohen, Chairman of the Conservation Board

Barry Bradley, Sanitation

Raymond Mahdesian, Officer-in-Charge

 

The Pledge of Allegiance was said.

Publication of meeting was confirmed.

 

Trustee Ettinger made a motion to approve the Regular Board Meeting minutes for June 4, 2019 seconded by Deputy Mayor Pierce.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      Abstain

Ian Jablonski                                                     Abstain

Motioned Carried.

 

Mayors Report:

Mayor’s Report;” The July 4th celebration was a tremendous success.  A beautiful day was capped by our traditional bonfires and the spectacular fireworks display by Grucci. Big thanks to Commissioner Mel Ettinger, Officer in Charge Ray Mahdesian, all the members of the APD, the Village of Northport, Suffolk Sheriffs and Harbormaster Joe Affrunti for all they did to make it a safe and fun day.  Also, thanks to Carole Casamassima and Linda Letica for their fundraising to cover the cost of the barge and tug boat once again. Our 4th of July celebration is a really special and I look forward to another great day in 2019.

 

I would like to congratulate Deputy Mayor Pam Pierce and Trustee Ian Jablonski on their re-election.  It has been a pleasure working with them for the last 8 years and I look forward to continuing to do so in the next two years.

 

The Village, Town of Huntington, Senator James Gaughran, the NYSDEC and the USACOE had a teleconference on July 2nd to discuss where we stand with the seawall reconstruction.  The ACOE will be asking for a waiver and funding to start the study next month.  The study will be 100% federally funded.  The ACOE will be looking at various options to put in front of a new seawall.  These included a sand or cobble beach and groins or no groins.  The existing groin east of the seawall will remain in place.  ACOE expects to have a concept plan by September and a final plan by December.  As always, these dates are likely subject to change.

On June 20th Village Attorney Bruce Migatz received a letter from a law firm representing an exterminating company, Aptive Environmental that gets its business by doing door to door solicitation.  The letter requested that the Village suspend enforcement of its solicitation ordinance immediately because the Village law’s complete ban on door to door solicitation violates the First and Fourteenth amendment of the US Constitution. The letter threatened legal action if the Village did not comply.  To show that this was not an idle threat the letter documented recent legal actions and decisions taken against the Villages of Poquott, East Rockaway and Floral Park. These Villages had laws similar to ours that were deemed too restrictive. Upon advice of counsel, Village will consider a resolution tonight to suspend enforcement of its existing law and immediately commence work on a new ordinance. 

 

The Village wrote to the owners of Sandpiper Farm with a counter proposal to their initial request for a reduction of the assessment on their land based on its designation as an agricultural district.  The Village requested a meeting to discuss the matter and as of today we are still awaiting a response.

 

Today I received a phone call from the Mayor of Northport, Damon McMullen, informing me that the NFD will be expanding the paramedic coverage to 24hrs a day.  This will increase the cost of Asharoken fire protection services to approximately $5500 per year.

 

I would like to thank NYS Senator James Gaughran for his hard work to restore the extreme winter recovery funds in last year’s NYS budget.  This will provide approximately $3500 funding for the Village’s roads.

 

On June 20th the village was hit by an unexpected and extraordinarily violent rain storm. The wind and rain resembled what you would expect in a hurricane and the wind was reported to be as high as 79 MPH at the Northport Yacht Club. During its 20 minute duration, the village suffered severe tree damage and multiple power lines were pulled down.  Asharoken Avenue was closed north of Bevin Road for 7 hours until a tree and wires could be cleared.  Multiple parts of the Village were without power for up to three days.  Sadly, the osprey chicks in the three of the four Asharoken nests perished in the storm.  Thanks again to the Asharoken Police Department for a great job in the storm’s aftermath and to PSEG for their assistance to get the road re-opened as quickly as possible. 

 

I have sad news to announce that our assistant District Attorney, Bill Reynolds passed away; Bill worked with the Village for many years he was very fair and understanding our deepest condolences go out to his family.

 

Trustees:

Deputy Mayor Pierce reported that she attended the Shared Service teleconference and the July 2nd teleconference with the Mayor, NYSDEC and ACOE. She reviewed the minutes, vouchers, Sand Piper and soliciting material; she congratulated the police department for another safe Fourth of July. She thanked Carole and Linda for all of their fund raising efforts.

 

Trustee Ettinger congratulated Deputy Mayor Pam Pierce and Trustee Ian Jablonski on their re-election. He expressed his condolences on the passing of Bill Reynolds; he was a wonderful person and attended almost all of our court sessions. He commented that the reason the Fourth of July event went so well is because of the tremendous planning and preparation that takes place. Trustee Ettinger congratulated Ray Mahdesian for all his hard work. He reviewed several correspondences; the minutes, vouchers and FOIL’s.

 

 Trustee Burke reported that she reviewed minutes, police report, vouchers, Newport Engineering proposal; and other correspondences; she thanked Mitchell Rittenhouse for the work he did using his drone to capture aerial photos of the beach dune which was used to obtain the DEC permit. She thanked Carole and Linda for their fundraising contribution for the fireworks event.

 

Trustee Jablonski reported that he reviewed minutes, vouchers and correspondences; he thanked Ray Mahdesian for his storm efforts and the Fourth of July events.

 

Village Attorney: Attorney Migatz; reported that the Mayor referred to the letter that we received from Aptive Environmental which is a reason why there is a proposed resolution on the agenda to suspend our local law the prohibition of “solicitation and peddling”.  The Planning Board met on June 5th and they approved the Duck Island Corp final subdivision map. The Zoning Board did not meet. No decision on the litigation on the dock permits.

 

Village Treasurer: Nancy Rittenhouse report for Emily Hayes; the vouchers for the month of June were $52,581.60, included in the vouchers was $4,042.52 relating to year end 5/31/19. Nothing unusual to report for June vouchers.

 

Police Report: Officer Mahdesian thanked the village officials for their support and help during this Fourth of July event.  It was a good night; couple of disturbances but they were resolved.  The tally for the month 65 summons and 4 arrests; the police vessel is operating well.  He noted that a bilge pump issue on the police boat has been corrected.

 

Sanitation Operator: Barry Bradley reported that big blue is running well. Total tipping fees for the month of June were $2339.20. Trash tonnage 29.24, paper & cardboard 4.59 tons; glass 1.68 tons, plastic and metal .1.05 tons.

 

Chairman of the Conservation Board: Marty Cohen reported that two tree permits were issued to homeowners this month.

 

Building Inspector: Doug Adil reported that he inspected the conditions with trees down at 22 Bevin Road following the recent storm.  He responded to a homeowner’s application for placing exterior landscaping and structural improvements for a home on Pheasant Lane, by issuing a denial letter, stating that zoning variances will be required to obtain a building permit. Responded to a question for a driveway improvement located at 149 Asharoken Ave. Responded to a request for advice regarding flooding at a homeowners driveway on Asharoken Ave. Reviewed plans for a home on Beach Plum Dr., attended a 3 day building code conference at Stony Brook University and discussed proposed driveway improvements with a homeowner on Bevin Road East.

 

New Business: Solicitation Law.

Attorney Migatz noted that Village Clerk, Rittenhouse distributed the Floral Park local law that was adopted to stop the litigation with Aptive. He indicated that the board could look at other local laws as well. He pointed out that commercial speech is entitled to some protection but didn’t use to be that way; but it is clear that it is now and what kind of restrictions are reasonable are still uncertain. Aptive alleges in their lawsuit that anything that stops a solicitor prior to sunset is not reasonable; they claim they do the majority of their business in the evening hours. I spoke with the attorney for Floral Park and East Rockaway. East Rockaway is contesting Aptive as to what is a reasonable restriction; Attorney Migatz noted that he will follow up on this. Trustee Burke noted that Floral park requires the solicitor to get a license; Attorney Migatz noted that the village can require a license and require a background check. The local law can provide that the residents notify the village that they do not want solicitors on their property; a list of these properties would be given to the solicitors requesting a license. People can always post their own “No Trespassing” sign. If someone violates this; the person can be issued a summons and could be subject to a fine; up to a $1000. Attorney Migatz asked the board to review the Floral Park law and provide some comments. Mayor Letica noted that the Floral Park does not include a fine. Attorney Migatz noted that there should be a fine per violation. Trustee Jablonski asked if anyone verified the legitimacy of their business. Per Attorney Migatz they are working in 26 states on their website they appear to be legitimate Pest Control Company. Attorney Migatz recommended updating some of the Villages’ local laws this law in particular was passed in 1946. He pointed out that some of these Aptive actions have been brought to Federal Court and the courts have been awarding legal fees to the prevailing party and so far it has been Aptive Environmental.  He ended by recommending suspending our local law at this time.

 

Old Business:

Shoulder work at 501 Asharoken Ave. Mayor Letica noted that we have a resolution for Newport Engineering’s proposal. He suggested that we adopt the resolution and look for a grant to help support the cost of the project.

 

Resolution (2019-53) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of June 2019 in the amount of $52,581.60.

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Jablonski.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-54) Be It Resolved that any Village residency requirement for appointees is waived.

Trustee Ettinger made a motion to approve, seconded by Mayor Letica.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-55) Be It Resolved that the Mayor does hereby appoint Treasurer, Emily Hayes for a one year term to end July 2020 at an annual rate of $18,550.00, subject to Board approval.

Deputy Mayor Pierce made a motion to approve, seconded by Mayor Letica.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-56) Be It Resolved that the Mayor does hereby appoint Superintendent of Buildings, Doug Adil for a one year term to end July 2020 at an annual rate of $21,900, subject to Board approval.

Trustee Ettinger made a motion to approve, seconded by Trustee Jablonski.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-57) Be it Resolved that the Mayor does hereby appoint Assessor, Paul Wotzak for a one year term to end July 2020 at an hourly rate of $50.00, pursuant to the terms and conditions of the contract, subject to Board approval.

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-58) Be It Resolved, that the Mayor does hereby appoint Bruce W. Migatz as Village Attorney for a one year term to end July 2020 at an annual retainer of $40,000 payable in equal monthly amounts of $3,333.33, for general legal advice per retainer agreement. Other legal services other than litigation actions and proceedings will be billed on an hourly basis of $250.00, plus out-of-pocket expenses incurred on behalf of the Village, litigation actions and proceedings will be billed on an hourly basis, at a rate of $300.00 per hour, plus out-of –pocket expenses incurred on behalf of the Village, subject to Board approval.

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-59) Be It Resolved, that the Mayor, does hereby appoint Paul Boronow as Village District Attorney for the Village of Asharoken at an hourly rate of $200.00, for the term to end July 2020, subject to Board approval.

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

Resolution (2019-60) Be It Resolved, that the Mayor, does hereby appoint Raymond Mahdesian as Officer-in-Charge responsible for administrative duties for a one year term to end July 2020 subject to Board approval.

Trustee Ettinger made a motion to approve, seconded by Mayor Letica.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-61) Be It Resolved, that the Mayor does hereby appoint Scott Coyne, MD as an uncompensated police surgeon for the Village of Asharoken’s Police Department for a one year term to end July 2020, subject to Board approval.

Trustee Ettinger made a motion to approve, seconded by Trustee Jablonski.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-62) Be It Resolved that the Mayor does hereby appoint the following uncompensated individuals to the following positions for a one year term to end July 2020, subject to board approval.

a.       Pam Pierce as Deputy Mayor

b.       Melvin Ettinger as Police Commissioner

c.        Ian Jablonski as Deputy Police Commissioner

d.       Stan Somer as Acting Village Justice

e.       Nancy Rittenhouse as Records Access Officer

f.         Melvin Ettinger as Records Access Officer Manager

g.       Avrum Golub as Storm Water Superintendent

h.       Greg Letica as Highway Superintendent

i.         Doug Adil as Flood Plain Manager

j.         Joseph Affrunti as Harbormaster

k.       Barry Bradley as Deputy Harbormaster

l.         Bill Rasich as Deputy Harbormaster

m.     Bill Rasich as Emergency Planning Manager

n.       Steve Silverman as the Village Photographer

o.       Ed Carr as Historian

p.       Martin Hakker as Fireworks Coordinator

q.       Joseph Affrunti as Fireworks Safety Officer for the July 4th 2020 event.

 

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-63) Be It Resolved, that the Mayor does hereby appoint the following uncompensated individuals to the Zoning Board of appeals, subject to board approval:

a.       Russell Matthews as Chairperson of the Zoning Board of Appeals for a one year term to end 7/1/2020.

b.       Bart Kipnes as member of the Zoning Board of Appeals for a four year term to end 7/1/2023 (took over for Tony Winger).

c.        Tracy Aboff as a member of the Zoning Board of Appeals for a five year term to end 7/1/2024.

 

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Jablonski.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-64) Be It Resolved, that the Mayor does hereby appoint the following uncompensated individuals to the Planning Board, subject to board approval;

a.       Patrick Cleary as Chairperson of the Planning Board for a one year term to end 7/1/2020.

b.       Patrick Cleary as a member of the Planning Board for a five year term to end 7/1/2024.

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-65) Be It Resolved, that the Mayor does hereby appoint the following uncompensated individuals to the Coastal Clean-up Committee,  Karen Flood, Lucy Davies, Tracy Aboff and Pamela Pierce as members for a one year term to end July 2020, subject to board approval.

Deputy Mayor Pierce made a motion to approve, seconded by Mayor Letica.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-66) Be It Resolved, that the Mayor does hereby appoint the following uncompensated individuals to the Board of Conservation of the Environment Committee,  Marty Cohen as Chairperson, Rita Rover, Catherine Wallack, Lucy Davies and Denise DeAcetis as members for a one year term to end July 2020, subject to board approval.

Trustee Ettinger made a motion to approve, seconded by Deputy Mayor Pierce.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-67) Be It Resolved, that the Village Board does hereby approve a rate of $20.00 an hour for individuals who work as an “as needed” basis and that are posted to the “clerk non-employee” account A1410.499.

 

Mayor Letica made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

Resolution (2019-68) Be It Resolved, that the Village Board does hereby designate the following banks as the official depository banks for the Village.

a.       First National Bank of Long Island

b.       Peoples United Bank

c.        TD Bank

 

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-69) Be It Resolved, that the Village Board does hereby designate the official newspaper of record for the Village to be (The Observer).

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Burke.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-70) Be It Resolved, that the Village Board, does hereby approve the mileage reimbursement rate for the Village officials and employees to be consistent with IRS Business mileage rate guidelines as periodically published by the IRS.

Trustee Jablonski made a motion to approve, seconded by Trustee Burke.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-71) Be It Resolved, that the Village Board, does hereby approve the authorization for the Village Treasurer and/or Village Clerk to transfer funds from the main Money Market Account to the General checking account in order to pay monthly vouchers approved by the Board of Trustees and payroll account in order to pay bi-monthly payroll.

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-72) Be It Resolved, that the Village Board, does hereby approve the following method for a meeting that has not been scheduled at least one week prior to; email the paper of record and local newspapers with date and time of Meeting, contact the entire Board of Trustees, email residents, post meeting on front door, website homepage and outside sign board.

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-73) Be It Resolved, that the Village Board, does hereby authorize the allocation of the following funds ($30,000.00 for Police General, $15,000.00 for Highway, and $10,000.00 for Unpaid benefits from our General Account) (Unreserved fund) to our money market account (Reserve fund) for fiscal year-end 5/31/2020.

Mayor Letica made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-74) Be It Resolved that the Mayor does hereby appoint the following uncompensated individuals to the Environmental Review Board, Douglas Vaughn as chairman and Michael Elsas, for a one term to end July 2020, subject to Board approval.

Trustee Ettinger made a motion to approve, seconded by Deputy Mayor Pierce.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-75) Be It Resolved that the Village Board does hereby ratify the authorization by the Mayor to extend the base term of the Inter-municipal Agreement with the Town of Smithtown for Removal and Processing of Recyclable Material through September 30, 2019.

Trustee Jablonski made a motion to approve, seconded by Trustee Burke.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-76) Be It Resolved that the Village Board does hereby approve the Services from Newport Engineering for the shoulder plan, preparation, field inspection and evaluation of the Shoulder Improvement plan for the amount of $3,500.00. (near 501 Asharoken Avenue).

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-77) Be It Resolved that the Village board does hereby approve the tent permit for the Behr Family located at 35 Asharoken Avenue for July 12, 2019 thru July 15, 2019.

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-78)

WHEREAS, the Village of Asharoken (the “Village”) is to procure for solid waste, bulk waste, dual stream recycling and yard waste collection services for residential properties within the Village of Asharoken, and

                WHEREAS, the Board of Trustees finds that it is in the best interest of the Village to authorize the solicitation of bids for procuring services for solid waste collection,

 NOW, THEREFORE, BE IT

                RESOLVED the Village Clerk is hereby authorized and directed to advertise for receipt of competitive bids required by Section 103-d of the General Municipal Law of the State of New York for solid waste collection within the Village of Asharoken in accordance with the specifications of the Solid Waste Collection bid package to be filed with the Village Clerk; and be it further

                RESOLVED that the Village Clerk is hereby authorized to publicly open and read bids on set day in accordance with the “Notice to Bidders”; and be it further

                RESOLVED that the Village Clerk is hereby authorized to reject said bids for good and sufficient reason and to re-advertise same under the authority herein granted without further action of this Board.

 

Mayor Letica made a motion to approve, seconded by Trustee Ettinger.

Mayor Letica noted that it is in the best interest of the Village to do its due diligence when it comes to the cost we incur for services we provide the village residents.  We may see a reduction in tax revenue from Sand Piper Farm and without reducing the expenses in some manner higher village costs will be transferred to the residents to compensate for that revenue reduction. The village should look at every means to save money for the residents.

 

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Resolution (2019-79) Resolution authorizing moratorium

WHEREAS, Aptive Environmental, LLC, a pest control company, threatened litigation against the Incorporated Village of Asharoken (“Village”) challenging the constitutionality of Chapter 91 of the Code of the Village of Asharoken entitled “Peddling and Soliciting”; and

WHEREAS, Chapter 91 of the Code of the Village of Asharoken was adopted by the Board of Trustees of the Village on July 27, 1956; and

WHEREAS, the Board of Trustees has determined that it requires a sufficient amount of time to determine whether Chapter 91 of the Code of the Village of Asharoken requires amendment and, if so, what amendments are required, so that Chapter 91 is in full compliance with, inter alia, the First Amendment of the Constitution of the United States Of America.

NOW THEREFORE IT IS RESOLVED that, effective immediately, a moratorium is hereby established with respect to the enforcement of Chapter 91 of the Code of the Village of Asharoken; and

BE IT FURTHER RESOLVED that, unless further extended by Resolution of the Board of Trustees, or rescinded by resolution of the Board of Trustees prior to December 31, 2019 this moratorium shall expire on December 31, 2019.

 

Mayor Letica made a motion to approve, seconded by Trustee Burke.

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Laura Burke                                                      AYE

Ian Jablonski                                                     AYE

Motioned Carried.

 

Public Session:

Mayor Letica opened up the meeting for public Session:

One comment was made.

1.       A resident asked the Board what the Sand Piper revenue is; Mayor Letica noted that it is approximately $240,000 we are negotiated with Sand Piper Farm; they received approximately a 90% reduction with the Town of Huntington.

 

Mayor Letica made a motion that we exit public session, seconded by Trustee Ettinger.

Trustee Jablonski                                           AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica made a motion to adjourn the meeting, seconded by Trustee Ettinger.

Trustee Jablonski                                           AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

The July 9, 2019 Regular board meeting of the Board of Trustees was adjourned at approximately 7:25pm.  

Signed: _____________________________________________

                Nancy Rittenhouse, Village Clerk