Incorporated Village of Asharoken
Board of Trustees Regular Meeting
Public Hearing
Held on Tuesday
May 6th, 2014 7:30 P.M
At the Northport Power Plant
Approximate Attendance (28)
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
Emily Hayes, Treasurer
Ray Mahdesian, Officer- in- Charge
Barry Bradley, Sanitation Operator
Doug Adil, Superintendent of Buildings
Marty Cohen, Conservation of the Environment
Joe Affrunti, Harbormaster
The Pledge of Allegiance was said.
Proof of publication was made.
Trustee Ettinger made a motion to approve the regular board minutes for April 1, 2014, seconded by Deputy Mayor Pierce.
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Trustee Ettinger made a motion to approve the Special Meeting minutes for April 15th, 2014, seconded by Mayor Letica.
Trustee Jablonski Abstain
Trustee Burke Abstain
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Public Hearing legal notice was read by village clerk, Nancy Rittenhouse
Mayor Letica thanked Superintendent of Storm water Avrum Golub and Village Clerk Nancy Rittenhouse for compiling the information for the annual stormwater report.
Mayor Letica opened up the public hearing for the annual storm water MS4 report for year end March 9th, 2014.
During the public hearing no comments were made by the public.
Mayor Letica made a motion to close the public hearing, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Mayors Report:
Mayor Letica reported, “As
has already been reported via email to residents, on Asharoken.com and in
Newsday, on April 17th the village received the final determination
from FEMA that the existing village hall building is a “replacement &
improved project” model. Asharoken was informed that the gross amount of
eligible FEMA funding is $717,804. The village is then eligible for 90%
of these funds for a net of $646,024. These funds can be used to
construct the new village hall that we have been working to accomplish since
2006. However, there are remaining FEMA
approvals and reviews, the most notable being an insurance review, which are
needed. Therefore, it is likely that
there will be some final changes to the net amount, some of which could be
sizeable. I expect that everything will be finalized within about 4-6 weeks.
Although I would not
normally release information until we received the final approval, I decided to
make this announcement because I knew that there were going to be articles
written in our local newspapers and I wanted our residents to get the
information directly from the village.
Since 2006 the residents
of our village have generously made donations to construct a new village
hall. The funding from FEMA together
with the $77,000 in additional grants that the village recently was awarded
will go a long way toward constructing a new and improved village hall. We are
finally on our way to accomplishing our goal.
I would like to thank
Congressman Steve Israel for interceding on the village’s behalf. Without his strong support to re-build our
village hall I am convinced that our funding from FEMA would have been far
less. Additionally Trustee Mel Ettinger and Village Clerk Nancy Rittenhouse
have been invaluable in their efforts to get to this project to this point.
The building
reconstruction committee is in the final phases of completing the bid package
for village hall. We than will get an idea of what the costs will be.
I would like to thank
Conservation Chair Marty Cohen for his exceptional work to get the village a
$1000 Arbor Day grant. The money is
earmarked to replace the two trees in front of village hall that were killed by
Sandy in front of Village Hall.
I would like to thank
Martin Hakker for another outstanding job on sourcing our 4th of
July fireworks from Fireworks by Grucci.
He was able to keep the costs for the fireworks and the barge the same
level as last year.
On Friday April 18th
I attended a memorial service for Nate Bruckenthal, son of Northport Police
Chief Rick Bruckenthal at the Eaton’s Neck Coast Guard Station. Nate was killed in the line of duty during
the Iraq war and this was the 10th anniversary of his death.
I also followed up on a
residents concern about deer by speaking to Josh Stiller at the NYS DEC. Our
discussion was focused on sterilization options which appear to be highly
ineffective.
BEACH RESTORATION:
On April 25th I
wrote to Senator Chuck Schumer and Congressman Steve Israel urging them to
encourage the DEC and ACOE to stick with their original schedule or at worst
complete the feasibility study and engineering work as quickly as possible.
During the month I had
three phone conferences with the DEC on April 18th, April 25th
and May 6th, 2014 to discuss the beach restoration.
The Army Corps of
Engineers is in the process of deciding if it needs to do more modeling to
assure that the proposed groins are going to work as planned and verify that
the replenishment cycle for the beach is going to be adequate. They are also trying to fully understand why
the 45,000 CYD National Grid sand placement was displaced as quickly as it was
and one of the theories is that it was swept offshore into a sinkhole between
homes 100-200. The ACOE was also trying
to get a waiver for conducting an Independent External Peer Review. They were unable to do so but are trying to
get some additional funds to cover the cost of this step.
On Friday April 25th
I was informed by Sue McCormick, head of Coastal Management, at the NYS DEC
that John Irving has submitted FOIL requests relating to the beach restoration
project. His request as copied from his email is, “Please consider this as this week’s FOIL request for all
communications between the DEC and Asharoken officials, and all communications
between the DEC and any other party related to the Storm Damage Reduction
Project in the Village of Asharoken for the period of March 1, 2014 to April
21, 2014”. The nature and scope of
these requests is so broad and intrusive that the DEC and ACOE will materially
alter the way that they work on our project and will stop using email for
correspondence. I have been informed
that this will result in delays in completing the needed work to get the beach
restoration done. There is no doubt
that this FOIL request will hinder progress on the beach restoration and will
likely harm the excellent working relationship that the village has fostered
with the DEC and the ACOE.
Trustees:
Deputy Mayor Pierce reported that during the month of April she attended the special meeting on the Village Hall project worksheet and participated in a conference call with Mayor Letica with the NYSDEC. She reviewed the village hall project worksheet, the stormwater report, the IMA on Marine enforcement and the April vouchers. She continues to do photography for the beach restoration project. She noted that she shares the Mayor’s concern regarding the slowdown of our beach replenishment due to FOIL requests; a lot of work has gone into keeping Asharoken at the top of the NYSDEC and ACOE priority list.
Trustee Ettinger reported that he was involved in discussions regarding the new Village Hall. He participated with the Mayor and Village Clerk Nancy Rittenhouse in two conference calls with FEMA regarding their calculations to determine funding. He noted that he attended two conference calls with Congressman Israel’s office, requesting assistance with FEMA’s determination of funding. He expressed his appreciation to Congressman Israel; he noted that without his help we would not have been as successful with FEMA. He thanked Mayor Letica and Village Clerk Nancy Rittenhouse for all their efforts. He noted that approximately eight years ago he asked what he can do for the police department. Officer in Charge Ray Mahdesian expressed the need for a new police station. Eight years later with the FEMA money and the generous donations from the residents we will finally have the opportunity to make a new Village Hall a reality. He noted that he attended the Special board meeting on April 15th, he attended the tenth year anniversary for Nate Bruckenthal, he joined the police department at the firearms training session, and he attended the monthly court session and reviewed the monthly vouchers.
Trustee Burke, noted that she reviewed the vouchers, the minutes, the annual Stormwater MS4, spoke to residents on various issues. She reviewed the IMA Marine agreement and the Special Use Accessory permit application. Lastly, she noted we should take a moment to applaud Mayor Letica Trustee Ettinger and Village Clerk Nancy Rittenhouse for their efforts securing the FEMA funding.
Trustee Jablonski, noted that he reviewed the minutes and the vouchers this month. He also reported that he pursued responses from two engineers for engineering work for the shoulder east of Bevin Road. He reported that the water washes over the seawall, it continues to undermine the shoulder on the south side of Asharoken Avenue, and the apron has become detached. He noted that the balance of our Multi-Modal #4 contract is approximately $94,000. The contract expires December 2014. The funds are only for capital projects within the Right of Way. He noted that the next step is to select an engineering firm, prepare and review the plan with DOT and parking lot 13 and put it out to bid.
Village Attorney: He reported that no decision was made from the court for Holmes Article 78. The Zoning Board had one case on their April 14th calendar which was to renew an accessory dwelling, special use permit for Masterson 232 Asharoken Avenue; it was granted for a one year term. He noted that he has been working on drafting local legislation to streamline the special use accessory renewal process and is working with Village Clerk, Nancy Rittenhouse and BZA Chairman Matthews on updating the Board of Zoning Appeals applications.
Treasurer: Treasurer Emily Hayes reported that the total of the vouchers for the month of April were $119,833.98. A separate resolution to approve the vouchers and related budget transfers will be made. Included in the vouchers for the month are payments to Fireworks by Grucci for $8750.00, Hartt Insurance for $41,493.13, Sagamore Lights for the new police car lights for $13,530.42 and our Workers Compensation of $19,172.84.
Officer-In- Charge: Officer-In-Charge Ray Mahdesian reported that the officers completed their semi-annual firearms qualification at Suffolk County Police Academy Range in Westhampton. Members of the department were trained by the Suffolk County Medical Emergency Services Department in the use of NARCAN. All officers were certified and equipped with a NARCAN kit at no cost to the village. In addition officers were trained this month by Suffolk County Police Department Emergency Services Unit in a live drill simulating active-shooter situations.
Mayor Letica thanked Officer-in-Charge Ray Mahdesian and Officer Jim Cox for driving down for Former Mayor Kelly’s Funeral on behalf of the Village.
Harbormaster: Joe Affrunti noted that all the signs and buoys are in and the police boat is having routine servicing.
Sanitation: Sanitation Operator, Barry Bradley reported on Big Blue which is running well. Trash pick-up was 24.27tons, Co-mingle was 2.40 tons and News and Cardboard was 16.05 tons, totaling 43.85 tons.
Superintendent of Buildings: Doug Adil reported on 12 inspections for the month of April. He discussed requirements for swimming pools, deck construction and the proper placement of pool and A/C equipment.
Conservation of the Environment: Marty Cohen thanked Nancy Rittenhouse for her assistance in being awarded the Arbor Day grant. He reported that the Arbor Day grant funding cannot be spent until the contract is complete and noted that the Arbor Day plan is to replenish two lost trees from Sandy and also make residents aware of the types of plants that have a better chance of surviving in our beach environment.
Mayor Letica introduced Carole Casamassima and Linda Letica.
Carole Casamassima the Chair of “Save the Fireworks” noted
that this is our fourth year for our Asharoken Holiday Party. Carole presented a check to the Village for
$7500.00 to fund the barge and the tugboat for the fireworks celebration. Linda Letica “AVT” Shirts began selling
Asharoken t-shirts and sweatshirts and presented a check for $1000.00 to fund
the barge and the tugboat as well.
Mayor Letica noted that Carole and Linda raised almost 1/3 the cost of
our fireworks celebration. Mayor Letica
noted that residents who volunteer and who make tangible contributions to the
village help keep our government costs down and makes this village a special
and unique community.
Resolution (2014-37) Be It Resolved, that the Village Board approves the budget transfers for the month of April 2014.
Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-38) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of April 2014 in the amount of $119,833.98.
Mayor Letica made a motion to approve, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-39) Be It Resolved that the Village Board does hereby authorize the mayor to sign the MS4 Stormwater Annual Report for fiscal year end March 9th, 2014.
Deputy Mayor Pierce made a motion to approve, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-40) Be It Resolved, that the Village Board does hereby approve the Tax Warrant for the fiscal year ending 5/31/2015.
Trustee Ettinger made a motion to approve, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-41) Be It Resolved, that the Village Board does hereby appoint Village Treasurer, Emily Hayes and Village Clerk, Nancy Rittenhouse to collect taxes that may be due for the fiscal year 2014-2015, between the hours of 9:00am and 3:00pm except Saturday and Sundays and Legal Holidays.
Mayor Letica made a motion to approve, seconded by Deputy Mayor Pierce.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-42) Be It Resolved, that the Village Board does hereby authorize, that pursuant to Section 1428 of the Real Property Tax Law the Warrant and Tax Roll for Collection of Village taxes of the Incorporated Village of Asharoken will be filed with the Village Treasurer for the fiscal year beginning June 1, 2014 Taxes will be received at the Village Hall trailer, One Asharoken Avenue, Asharoken, from June 1, 2014 daily from 9am to 3pm except Saturdays and Sundays and Legal Holidays until and including July 1, 2014 without penalty. Five percent will be added to taxes received after July 1, 2014 and one percent for each month thereafter until paid in full.
Trustee Ettinger made a motion to approve, seconded by Mayor Letica.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-43) Be It Resolved, that the Village Board does hereby accept the donation from “Save the Fireworks” committee in the amount of $7,500.00 to be put towards the cost of the barge and tugboat.
Mayor Letica made a motion to approve, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-44) Be It Resolved, that the Village Board does hereby accept the donation from Linda Letica for Asharoken clothing sales in the amount of $1000.00 to be put towards the cost of the barge and tugboat.
Mayor Letica made a motion to approve, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-45) Be It Resolved, that the Village Board does hereby approve the services of Breakwater Marine in the amount of $5000 for the tugboat and $3500 for the barge for the fireworks display on July 4th, 2014 (rain-date July 5th), subject to village attorney’s review as to form
Deputy Mayor Pierce made a motion to approve, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-46) Be It Resolved, that the Village Board does hereby authorize the Mayor to sign the Fireworks Performance contract between the Village of Asharoken and Fireworks By Grucci, Inc. for $17,500.00, subject to village attorney’s review as to form.
Deputy Mayor Pierce made a motion to approve, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-47) Be It Resolved, that the Village Board does hereby appoint Joseph Affrunti as the Fireworks Safety Officer for the 2014 fireworks display.
Mayor Letica made a motion to approve, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-48) Be It Resolved that the Village Board does hereby authorize the mayor to sign the Newport Engineering, P.C. proposal for engineering services for the mill and repaving of approximately 1700LF of roadway on Asharoken Avenue, north of Bevin Road, village attorney has approved as to form.
Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-49) Be It Resolved that the Village Board does hereby authorize the mayor to enter into a contract with Posillico Civil Inc. for labor, equipment and materials for the amount of $46,703.75 to mill and repave approximately 1700 LF of roadway on Asharoken Avenue, north of Bevin Road, subject to approval of proposed contract by village attorney.
Trustee Ettinger made a motion to approve, seconded by Deputy Mayor Pierce.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-50) Be It Resolved that the Village Board does hereby authorize the mayor to enter into a contract with Safety Marking Inc. for labor, equipment and materials for the amount of $7603.20 to stripe Asharoken Avenue with 4” single white lines for approximately 31,680 LF and 4” double yellow lines for approximately 15,840 LF using latex paint, subject to approval of proposed contract by village attorney.
Deputy Mayor Pierce made a motion to approve, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Resolution (2014-51) Be It Resolved, that the Village Board does hereby approve the transfer of $46,703.75 from the Highway Reserve Money Market Special Reserve Account #5059 to the Money Market Account #5018 for the future payment to Posillico Civil Inc. for road mill and repave work.
Deputy Mayor Pierce made a motion to approve, seconded by Mayor Letica.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Resolution (2014-52) Be It Resolved, that the Village Board does hereby approve the transfer of $3,750.00 from the Building Reserve Fund account #5059 to the Money Market account #5018 for architectural/building plan fee payment of $3,750.00.
Trustee Ettinger made a motion to approve, seconded by Deputy Mayor Pierce.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Resolution (2014-53) Be It Resolved, that the Village Board does hereby approve the adjustment to the fiscal budget for year end 5/31/2014 for an increase in the Start-up Income (A1000.000) and an increase in the Buildings Equipment account (A1620.200) for $3,750.00.
Mayor Letica made a motion to approve, seconded by Deputy Mayor Pierce.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Resolution (2014-54) Be It Resolved, that the Village Board does hereby approve the transfer of $27,000 for the Justice Court Grant from Money Market Account #5018 to the Asharoken Building Fund Account #0169.
Mayor Letica made a motion to approve, seconded by Deputy Mayor Pierce.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Resolution (2014-55) Be It Resolved, that the Village Board does hereby accept the bid from Raymond Baldwin in the amount of $2025.00 for the 2002 Ford Crown Victoria police car.
Trustee Ettinger made a motion to approve, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Resolution (2014-56) Be It Resolved, that the Village Board does hereby authorize the Mayor to sign the 2014 agreement between the Village of Asharoken and Parker Landscaper Services to service the grounds for the Village of Asharoken, the total cost of services not to exceed $3500.00 from May 2014 to November 2014.
Deputy Mayor Pierce made a motion to approve, seconded by Mayor Letica.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Mayor Letica made a motion to go into public session;
Public Session:
Mayor Letica opened up the meeting to public session.
During public session sixteen comments/inquiries were communicated to the Board.
Comments/inquiries that were brought to the Board’s attention were the following:
1. Inquiry was made on how long the process is taking for the Beach Restoration Project plan.
2. Inquiry on representation from the village for the Beach Restoration Project.
3. Deputy Mayor Pierce responded that government officials are not coastal engineers; it’s a process of working together to get the project accomplished. The engineers are covered by both agencies. Mayor Letica noted that we are working with the agencies to help move this project along as quickly as we can. These agencies are reluctant to email each other because of the FOIL request that have been sent in.
4. Inquiry on the beach restoration plan.
5. Comment on Mayor Letica’s report and the status of the project.
6. Comment about the importance of letting the ACOE and NYSDEC do their job.
7. Comment that working with the ACOE and NYSDEC is not easy but pointing out that everyone should have the best interest of the village.
8. Comment was made that it is difficult working with both agencies and that they appreciate the efforts made by the board.
9. Comment was made how quickly the ACOE responded after Superstorm Sandy and after the National Grid deposit of sand was made.
10. Inquiry was made on a letter campaign to the local officials, Mayor Letica responded that writing letters would be effective, the agencies have been very diligent and we are at the top of their list to getting the project done.
11. Comment was made on other ACOE projects that have been completed; Deputy Mayor Pierce responded that the projects that are completed have had their feasibility study completed.
12. Comment was made from information on several coastal engineering books.
13. Comment was made about the board asking for another Feasibility Study; Mayor Letica responded that you cannot do the beach restoration project until you have a feasibility study. Our Feasibility Study was started many years ago and then it stopped because they ran out of funding. Because of Superstorm Sandy funding became available for this and the village was able to get the federal government to pick up the remaining local share cost of the feasibility study which saved the village $225,000. This is not a new feasibility study, this is the same study. They cannot build the project until the study is complete. Deputy Mayor commented, about the timeline of the project.
14. Inquiry was made on a dock application at 101 and 103 Asharoken Avenue and the role that the Town of Huntington has as well as the Ida Smith Property area.
15. Comment on FOIL requests and open government and transparency. Village Attorney, Bruce Migatz responded that unfortunately FOIL requests have been abused by many people. When agencies get FOIL requests requesting all and everything it is perceived by agencies that they are being harassed, if you want to FOIL, FOIL a specific a document and not a blanket request.
16. Comment was made on the Milestone dates.
Mayor Letica made a motion to go close the public session, seconded by Trustee Burke.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Mayor Letica made a motion to adjourn the meeting, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Trustee Burke AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
The May
6th, 2014 Board meeting of the Board of Trustees was adjourned at approximately
9:30 pm.
Signed: _____________________________________________
Nancy Rittenhouse, Village Clerk