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[MESSAGE JSNF-285-09]

APPROVED Minutes of the October 7, 2014 Meeting of the Asharoken Board of Trustees

 Incorporated Village of Asharoken

Board of Trustees Regular Meeting

Held on Tuesday

October 7th, 2014 7:30 P.M

At the Northport Power Plant

Approximate Attendance (32)

                                                                               

                                                               

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

 

The Pledge of Allegiance was said.

Proof of publication was made.

 

Trustee Ettinger made a motion to approve the regular board minutes for September 2nd, 2014, seconded by Trustee Burke.

 

Trustee Jablonski                                            Abstain

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayors Report:

Mayor Letica reported, “The village will open bids for the village hall construction project tomorrow afternoon October 8th.  A total of 19 contractors have requested a copy of the bid package.  The reconstruction committee will evaluate the bids and make a recommendation to the Board of Trustees within the next 45 days

There is a lot to report on the Asharoken Storm Damage Reduction Project.  I spoke to Matt Chlebus of the NYSDEC on Friday, September 19th.  The DEC still has no answers to our question on the NYS Department of Health Bathing Beach regulations and insurance liability concerns. I was informed that three DEC attorneys are now looking into the insurance implications of public access on private property. I discussed the concerns of the beach lot owners with Matt and explained that sand is being placed on their property only to protect the road but they will still have to allow public access, for which there is a substantial amount of opposition. Also, I advised him that putting sand on the road in front of the homes has a significant benefit of protecting the road by stopping the wash through of Long Island Sound onto Asharoken Avenue that renders the road impassible due to flooding. The USACOE has not responded to Congressman Israel’s request that the ACOE and Asharoken meet to discuss a compromise on the public access component of the project. I asked for an update on the ACOE modeling which was expected to be done by the end of September and received the following response from Ron Pinzon, the project manager at the ACOE:

 

 “There are three modeling efforts that the Corps is progressing on.  Two of the three modeling efforts have been completed by our Contractor.  The models and results are being transferred back to the Corps for internal review and comments.  It should be noted that if we need to run further simulations, we will do so in-house and may extend the determination of the preliminary draft alternative.  This has not yet been determined.

From the above modeling effort, our Contractor is now developing the third modeling effort, the economic model, which will assist us in determining benefits needed to justify the project.  The economic modeling is expected to be completed this fall.

Current projections for the Public Release of the Draft Report is now April of 2015 (about 2 months further out from what was projected this past June).

Upon review of the modeling efforts and the draft Public Access Plan, the rendering of the preliminary draft alternative can be created on most recent GIS aerial and show approximate existing and with project Mean High Water shorelines with proposed structures.  We can have this done in several weeks once the preliminary draft alternative is agreed upon.  Hopefully this will better serve you as a way to understand the project.

 

On September 5th Deputy Mayor Pierce and I spoke to Dan Zarrilli, director of the NYC Office of Recovery and Resiliency, to discuss the sand restoration at Breezy Point. A resident sent me a copy of a NY Daily News article stating that the Breezy Point beach restoration might not require public access.  The reason for the lack of public access is that the project was funded through a Hazard Mitigation Grant not the ACOE and therefore is exempt from the public access component. On Friday, September 12th I met with Deborah Tinnirello, the regional director for Senator Kirsten Gillibrand.  I gave her a detailed explanation of the ASDRP and a tour of Asharoken.  She was very sympathetic to our cause and advised me that she would bring this matter to the attention of Senator Gillibrand. The village received letters of support for the ASDRP from Huntington Supervisor Frank Petrone and Northport Fire Department Chief Joe Pansini. The letters were sent to our elected officials. I met with the POENB on Oct 1 to encourage all of the members to write their elected officials to urge a compromise solution to the public access issue, allow the ASDRP to go forward and protect the only road to their homes. I also reached out to Assistant Chief Rich Rizzuti of the ENFD to request a letter of support. At Cow Harbor Day I had the opportunity to ask Congressman Israel to see if could remind the USACOE that they need to get back to us regarding the requested meeting to discuss modified public access.  I had the opportunity to discuss the ASDRP with Elizabeth Alexander from Suffolk County Legislator Spencer’s office to seek their support for a public access compromise. I also wrote to the offices of Senators Gillibrand, Schumer and Congressman Israel to remind them that a precedent has been set in protecting Asharoken Avenue with federal money; examples are the sea wall and the dune repair.  Putting sand on the beach to protect the road seems no different than these other two protective measures that did not require public access.

 

On Monday, September 29 I joined Supervisor Frank Petrone and Northport Mayor George Doll at Huntington Town Hall to sign the IMA to protect and improve the water quality in Northport Bay. I stayed for the Northport Harbor Water Quality Meeting where I asked about where we stand with dredging Duck Island Harbor.  This project still has to go before a committee to determine its need and then it might be 3-4 years to get it done.

Suffolk County will only dredge for navigational purposes. Additionally, there are plans to dredge Northport Harbor and apparently there are limited places to put the removed material.  I suggested that if the material was appropriate it could be placed on bay side of Asharoken.

 

I would like to thank Chief Joe Pansini and the Northport Fire Department for an unbelievable job they did at a recent house fire. Replying swiftly and using a thermal imaging device they discovered the source of the fire was 2x4, behind a wall, that had ignited from a short in an electrical outlet.  They opened the wall, cut the 2x4 and removed the fire from the home. The homeowner had no water damage was extremely grateful for the NFD’s fantastic response to the fire.

 

On Saturday, September 27th the village hosted our annual coastal cleanup. 325 participants removed 2.5 tons of trash from 9 area beaches.  I would like to thank Debbie Masterson, Cathy Zimmerman, Michelle Tilleli, Tracy Aboff, Pam Pierce, Jamie Pierce, Katie Zimmerman and Mimi Atkinson for all volunteering to run the cleanup.  The team did an amazing job as always.  Additional thanks go out to Pat Del Col, the Deputy Supervisor of the TOH who arranged to have a dumpster for all of the trash.

 

I would like to extend congratulations to Judy Ross, the president of the Asharoken Garden Club, and all of its members on the club’s 90th anniversary.  The club is distinguished by its concern for the environment and an incredible level of philanthropy.  Among other things the club is substantial supported of the Northport Food Pantry, offers a $2000 college scholarship yearly to a deserving Northport High School student, supports our veterans, creates seasonal arrangements for home based seniors and makes holiday wreaths for municipal buildings.  Many things make Asharoken unique and special and the garden club is very near the top.  I wish the club many more years of terrific service to our surrounding community.”

Mayor Letica mentioned the Asharoken Holiday Party held on November 1st chaired by Carole Casamassima.

 

Trustees:

Deputy Mayor Pierce reported on the final report of the Car Count information at nearby public beaches for the parking element for our public access plan. On September 8th the annual seawall inspection took place. The inspection took approximately an hour the only items not inspected were the toe stones which will be inspected in the next several weeks.  Deputy Mayor Pierce noted that she gave a tour of the Sound Side Beach and the Sound View boat ramp area to both Ron Pinzon project manager with the ACOE and Matt Chlebus with NYSDEC .  She attended the Cow Harbor Day parade and the Coastal Clean-up event.  She noted that the event was well attended and thanked the captains for an incredible job. She attended the IMA signing and the meeting that followed.  She reviewed the proposals for upgrading the Village Code “Garbage & Recycling” and also reviewed the proposed new code for “Fencing”.

 

Trustee Ettinger reported that during the month he had numerous meetings with Officer-in-Charge Ray Mahdesian.  They drafted a new police policy which is being reviewed by Village Attorney Bruce Migatz.  During the month he had several discussions with the Village Hall Restoration committee regarding the bid package.  He noted that the bids will be received, Wednesday, October 8th.  On September 7th and the 17th he attended the village court session.  On September 8th he met with a representative who is supplying the camera system for the village.  He participated in the Cow Harbor Day parade and the Coastal Clean-up event.  He reviewed last month’s minutes, fence ordinance, garbage and recycling ordinance amendment and this month’s vouchers.

 

Trustee Burke reported that she worked on and reviewed the proposed fence ordinance and reviewed fence ordinances from neighboring villages.  She reviewed several letters regarding public access from residents.  She reviewed the minutes and the vouchers for the month.

 

Trustee Jablonski reported on the Shoulder project at the corner of Bevin Road and Asharoken Avenue.  He noted that we received final plans and a final estimate for the project.  The plans are to remove the failing concrete shoulder and replace with new concrete pinned into the roadway as well as installing gabion reno baskets to prevent the stone from washing away and which will also provide a small area for parking.  He noted that he attended the five hour water quality symposium to educate municipalities about nitrogen in the water and where it comes from and ways to mitigate it.  He reviewed the vouchers for the month.

 

 

Village Attorney:  Bruce Migatz reported that he prepared drafts for the proposed “Fence Ordinance” and proposed amendment to chapter 80 “Garbage & Recycling”.

The Planning Board did not meet last month.

The Zoning Board met on September 15th and granted the Verdone/Craine application to construct a single family dwelling on Duck Island and voted to re-open the Wurzel application and have a re-hearing on October 20th, 2014.

 

Treasurer: Treasurer Emily Hayes reported that the total amount of vouchers for the month of September was $34,218.27. A separate resolution to approve the vouchers and related budget transfers will be made. The village received $66,315.50 from CHIPS for repaving a portion of Asharoken Avenue and $4,279.00 for AIM (Aid and Incentives for Municipalities).

 

Officer-In- Charge:  Officer-In-Charge Ray Mahdesian reported that no burglaries reported in the village of the month of September.  In-service film training from SCPD this month included domestic incidents, motorcycle laws, and interacting with members of the media. He also reported that APD assisted Northport Police Department with the Cow Harbor Race.

 

Sanitation: Sanitation Operator Barry Bradley reported on Big Blue which is running well.  Trash pick-up was 26.89 tons, Co-mingle was 2.17tons and News and Cardboard was 3.71 tons, totaling 33.91 tons.

 

Superintendent of Buildings: Doug Adil reported on 14 reviews and inspections for the month of September. He reviewed plans for construction of a new home on Duck Island prior to the upcoming  zoning meeting.  He investigated a small fire in a residence on Asharoken Avenue.  He continued his review of a bulkhead.

 

 Conservation of the Environment: Marty Cohen noted nothing to report.

 

Mayor Letica invited Deb Masterson and Cathy Zimmermann to report on the Coastal Clean-up event.  Cathy Zimmermann reported on the garbage collection and noted that approximately 250 volunteers participated. She thanked Tracy Aboff, Mimi Atkinson, Katie Zimmermann, Police Commissioner Mel Ettinger, Deputy Mayor Pierce and Brother Jamie for their tremendous help.

 

New Business:

Mayor Letica brought up new business with the Board of Trustees; the first item discussed was a new ordinance for “Fences”, Trustee Burke presented a proposed ordinance to the board.  The Board made a determination to continue to review the proposed fence ordinance. 

The next item was an amendment to the Village Code Chapter 80 “Garbage & Recycling”.  The board reviewed the proposed amendment presented by Village Attorney, Bruce Migatz, subsequent to the Board of Trustees discussing the proposed amendment a decision was made to put forth a resolution to schedule a public hearing on the proposed amendment for the November 3rd Board Meeting. Mayor Letica brought up the draft public access plan to the board.  He reported that the Village has not received any answers to his questions.  He noted that we haven’t heard back from the ACOE or DEC regarding “bathing beach regulations” and insurance questions.  Mayor Letica noted that our Village Attorney, Bruce Migatz recommends submitting a plan, which we are working on.  Deputy Mayor Pierce noted that she received information from the agencies that in order to complete their work on the feasibility study they need the village’s plan. The Village Attorney, Bruce Migatz noted that the board may have a duty and obligation to submit the proposed access plan, but is not required to endorse it and could clearly submit the access plan under protest but reserve its right to still argue that the plan is not necessary. Mayor Letica noted that if we can informally submit a plan and continue pushing for a reduction in the public access portion of the plan in consideration to protect the roadway these kinds of decisions will be made at the ACOE office in Washington and not at the local region level.  The Board and the Village Attorney determined that a letter should be drafted to the DEC regarding the access points.

 

Resolutions:

 

Resolution (2014-120) Be It Resolved, that the Village Board approves the budget transfers for the month of September 2014.

 

Motion was made by Trustee Ettinger, seconded by Trustee Jablonski.

 

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2014-121) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of September 2014 in the amount of $34,218.27.

 

Motion was made by Deputy Mayor Pierce, seconded by Trustee Jablonski.

 

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2014-122) Be It Resolved, that the Village Board does hereby authorize the Mayor to sign and approve the State and Municipal Facilities Program (“SAM”) grant in the amount of $50,000.

 

Motion was made by Trustee Ettinger, seconded by Deputy Mayor Pierce.

 

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2014-123) Be It Resolved, that the Village Board does hereby approve a tent permit for the Graver residence, 411 Asharoken Avenue for October 18th, 2014 thru October 20th, 2014.

Motion was made by Mayor Letica, seconded by Deputy Mayor Pierce.

 

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2014-124) Be It Resolved, that the Village Board does hereby approve the resolution urging the Long Island Power Authority (LIPA), the public service electric and gas company, Long Island (PSEG Long Island) and the department of Public Service-Long Island (DPS-LI) to evaluate and support the repowering of the Northport Power Plant as part of the overall evaluation of power needs on Long Island delegations in Washington and Albany to support the effort to repower the Northport Power Plant

 

WHEREAS, the Northport Power Plant, a 1500 MW power plant privately owned by National Grid, plc, situated on 270 acres of property in the Town of Huntington, supplies approximately 25% of the power used on Long Island each year; and

 

Mayor Letica made a motion to waive the reading.

 

WHEREAS, the Town of Huntington has not increased its assessment on the Plant since it was completed in the early 1970’s.  Despite that fact, LIPA and National Grid instituted Tax Certiorari actions against the Town beginning in 2010 and each year thereafter, seeking a 90% reduction in the assessed value of the plant; and

 

WHEREAS, these Tax Certiorari actions were instituted despite the language in the original Power Supply Agreement (PSA) between LILCO and then Keyspan, now National Grid, which provided that LILCO, LIPA and their successors and assigns would not challenge any property tax assessments on their generating facilities unless the assessment was increased by the host municipality; and

 

WHEREAS, should LIPA and National Grid be successful in these actions, the Town of Huntington would be responsible for repaying all of the refunds due to LIPA and National Grid, and the Northport East/Northport School District would lose at least one-third of its operating revenue each year; and

 

WHEREAS in order to avoid a draconian impact on the Town, the School District and other taxing jurisdictions within and without the Town, including the Northport/East Northport Library, Suffolk County, the Suffolk County Police and Fire protection District No. 1 the Town and School District have made efforts over the last year to meet with LIPA and its attorneys and to propose solutions to these actions; and

 

WHEREAS, one such solution is the re-powering of the Northport Power Plant, in order to provide a more efficient source of power at the plant, the value of which improvements would maintain the present tax assessment, thus alleviating the need for LIPA/PSEG-Long Island and National Grid to pay additional property taxes, while still upgrading and improving the Plant; and

 

WHEREAS, a recent assessment by PSEG-Long Island found that the proposed Caithness II Plant in Yaphank is not needed, and PSEG-Long Island has expressed its intention to take a step back and a fresh look at the mid-to long term power supply picture over the next 12 to 18 months, as it develops a broad integrated resource plan to negate near-term rate hikes, add renewable and reduce the need for additional power; and

 

WHEREAS the Town would like to work with PSEG-Long Island to achieve these sensible and worthwhile goals, while also maintain the economic stability of the Town and the Northport area; and

 

WHEREAS, the recently created Department of Public Service-Long Island office is charged with reviewing and making recommendations with regard to power supply needs on Long Island; and

 

WHEREAS, a request by the Town Board that the New York State Delegation in Congress, the Governor, and the New York State Legislature use its law making powers to resolve the matter of tax assessment challenges is not an action pursuant as defined by 6 N.Y.C. R. Section 617.2 (b) and therefore no further SEGRA review is required.

 

NOW THEREFORE THE VILLAGE BOARD,

 

HEREBY URGES LIPA, PSEG-Long Island and DPS-LI to include an assessment of the feasibility of repowering the Northport Power Plant as part of its integrated resource plan; and

 

HEREBY URGES the New York State Delegation in Congress, the Governor and the New York State Legislature to press for the repowering of the Northport Power Plant; and

 

HEREBY DIRECTS the Village Clerk, Nancy Rittenhouse, to forward certified copies of this resolution to United States Senators Chuck Schumer and Kirsten Gillibrand, Congressman Steve Israel, Governor Andrew Cuomo, Senate Majority Leader Dean G. Skelos, Speaker of the Assembly Sheldon Silver; to the members of Huntington’s New York State Legislative Delegation: Senator Carl Marcellino, Senator John Flanagan, Assemblyman Andrew Raia and Assemblyman Chad Lupinaci; and to the Director of the DPS-LI, Julia Bovey.

 

Motion was made by Mayor Letica, seconded by Deputy Mayor Pierce.

 

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

 

Resolution (2014-125) Be It Resolved, that the Village Board does hereby adopt the following schedule for monthly regular meetings for the calendar year 2015 meetings to begin at 7:30pm at the National Grid Northport Power Plant 301 Waterside Road, Northport, NY 11768, subject to change.

Regular Meeting, Tuesday, January 6th, 2015

Regular Meeting, Tuesday, February 3rd, 2015

Regular Meeting, Tuesday, March 3rd, 2015

Regular Meeting, Tuesday, April 7th, 2015

Regular Meeting, Tuesday, May 5th, 2015

Regular Meeting, Tuesday, June 2nd, 2015

Regular Meeting, Tuesday, July 7th, 2015-Organizational Meeting

Regular Meeting, Tuesday, August 4th, 2015

Regular Meeting, Tuesday, September 1st, 2015

Regular Meeting, Tuesday, October 6th, 2015

Regular Meeting, Monday, November 2nd, 2015

Regular Meeting, Tuesday, December 1st, 2015

 

Motion was made by Mayor Letica, seconded by Trustee Ettinger.

 

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2014-126) Be It Resolved, that the Village Board does hereby adopt the following schedule for monthly work session meetings for the calendar year 2015 meetings to begin at 3:00pm at the Village Hall Trailer, One Asharoken Avenue, Northport, NY 11768, subject to change.

 

Work Session Meeting, Tuesday, March 17th, 2015

Work Session Meeting, Tuesday, June 23rd, 2015

Work Session Meeting, Tuesday, September 15th, 2015

Work Session Meeting, Tuesday, November 17th, 2015

 

Motion was made by Trustee Ettinger, seconded by Deputy Mayor Pierce.

 

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2014-127) Be It Resolved that the Village Board does hereby approve the scheduling of a public hearing on Monday, November 3rd, 2014 to discuss the proposed amendments to Village Code entitled “Garbage and Recycling” chapter 80.

 

Motion was made by Mayor Letica, seconded by Trustee Jablonski.

 

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2014-128) Be It Resolved that the Village Board does hereby authorize the mayor to enter into a contract with The Landtek Group for labor, equipment and materials for an amount of $77,650.00 to install concrete shoulder and Gabion Reno Mattress sections along Asharoken Avenue east of Bevin Road approx 300 LF, subject to approval of proposed contract by village attorney.

Motion was made by Trustee Jablonski, seconded by Trustee Burke.

 

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica opened up the meeting for public session.

During public session, 17 questions, comments and objections were presented.

1.       Question on Garbage & Recycling pick-up on Duck Island Way and Cow Harbor Race.

2.       Comment regarding the Beach Restoration project and submittal of a public access plan.

3.       Suggestion to approach NY Rising for support of the beach restoration project.

4.       Suggestion to get support from the Northport Water Quality committee.

5.       Question on the wind turbine and the process

6.       Comment on quality of life.

7.       Question on the three access points, boat ramp, sea wall, and sound side beach parcel.

8.       Comment was made on a 2005 letter, written by former Mayor William Kelly regarding public access.

9.       Comment of access points at West Hampton Dunes and the modeling of the beach restoration.

10.   Comment on the placement of sand and the public access of the beach.  Mayor Letica pointed out that the village is making every effort to minimize public access.

11.   Comment of the West Hampton Dunes plan, Mayor Letica noted that most of the beach was public and the homeowners only owned up to the dune.

12.   Comment on a grant that Northport Village was denied.  The question related to the village’s obligation, Mayor Letica noted that the village will not incur any costs associated with the Northport project.

13.   Question on the gabion reno mattress product and the shoulder project.  Per Mayor Letica the project is being reimbursed by the Multi-Modal Contract.

14.   Question on resolution 2014-124.

15.   Question on the “Garbage & Recycling” proposed amendment.

16.   Comment on the open discussion by the Board Members.

17.   Comment of the value of parking spots after the beach restoration.

 

Mayor Letica made a motion to close the 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 October 7th, 2014 Board meeting of the Board of Trustees was adjourned at approximately 9:15 pm.       

Signed: _____________________________________________

                Nancy Rittenhouse, Village Clerk