Incorporated Village of Asharoken
Board of Trustees Regular Meeting/Public Hearing
Held on Monday
November 3rd, 2014 7:30 P.M
At the Northport Power Plant
Approximate Attendance (38)
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
Bill Raisch, Emergency Manager
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 and public hearing notice was read out loud.
Trustee Ettinger made a motion to approve the regular board minutes for October 7th, 2014, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Mayor Letica opened up the public hearing on Chapter 80 of the Village Code “Garbage & Recycling”.
During the Public Hearing the Board received 15 comments; more than half were not in favor of the proposed amendment to Chapter 80 of the Village Code, “Garbage & Recycling”. In addition the Board received 4 written and emailed correspondences from residents not in favor of the proposed amendment to Chapter 80.
Mayors Report:
Mayor Letica reported, “On November 1st, 2014 over 90 guests attended the Annual Asharoken's Holiday party held at the Northport Yacht Club. Chairperson, Carole Casamassima organized this successful event, which included dinner and dancing. Spectacular raffle prizes were all donated by residents which helped fund the Asharoken Fireworks event. Martin Hakker was presented a "Letter of Commendation" for his dedication and effort organizing Asharoken's annual Fourth of July Fireworks display. Many thanks to Carole Casamassima, Deputy Mayor Pam Pierce, Jamie Pierce, Barbara Johnson and everyone else who helped create a wonderful community get-together.
I would like to thank Rita Rover for donating the beautiful yellow chrysanthemum which is on display by village hall. The mum is a work of horticultural art.
The Huntington Highway Department, Commissioner Pete Gunther and local foreman Rick Polachek came through for the village cleaning up after the mini nor’easter and after the wicked northwest winds of this weekend. Many thanks for their help.
Asharoken Storm Damage Reduction Project
On October 8th, 2014 the village received a letter from Colonel Paul Owen of the USACOE. The correspondence was in response to my request to consider a buffer zone or split public/ private beach. He replied:
“Your letter specifically inquires about creating “…a buffer zone extending seaward from the bulkheads and the existing dune that could be considered private”. Our regulations and requirements would not be met with the implementation of a seaward buffer zone for any kind of exclusive use. Under this scenario, the project would not qualify for Federal cost-sharing. Public access must be provided for the entire project to qualify for federal cost-sharing; this includes both alongshore and from the most shoreward point to the project to the water”.
The village also received the following response from Matt Chlebus of the NYSDEC on October 20, 2014 in regards to our question “Would Asharoken fall under the NYS Department of Health Bathing Beach Regulations if the ASDRP were enacted?
“After discussions with both the State and Suffolk County Health Departments, it has been determined that if the USACE Asharoken Storm Damage Reduction Feasibility Study recommends the placement of sand on the beach within the Village of Asharoken, that beach will not be required to meet the bathing beach regulations of 10 NYCRR 6 - 2. However, if the Village chooses to advertise Asharoken Beach as a “bathing beach” or desires to have Asharoken Beach designated as a “bathing beach” in the future, the Village will have to meet the bathing beach regulations at that time.” I would ask that a copy of both of these letters be attached to this month’s minutes.
On October 27, 2014 the village mailed the NYSDEC a draft public access plan. In summary and on advice of counsel the plan calls for public access points to the beach in three spots: the sea wall area, the village owned beach lot and the Sound View boat ramp. Parking will be offered at the sea wall and Sound View ramp. There is no parking at the beach lot, only pick up and drop off. The village received a response from the NYSDEC, Matt Chlebus today:
“We received your access plan on October 29th. Thank you. Unfortunately we do not find it acceptable. Would you like me to set up a call to discuss the next steps or would you prefer we outline the steps to you in a letter?”
I responded to Mr. Chlebus to please sent us the outline of the steps and that we would have a discussion afterwards.
Much of the month of October was spent reviewing the bids that the village received for the new village hall on the 8th. The base bids ranged from $866,000 to $1,565,000. There will be more on the village hall in the presentation to follow.
Trustees:
Deputy Mayor Pierce reported that on October 8th she attended the bid opening for the Village Hall project. On October 22nd she attended an interview with Ravco Construction. She reviewed the other bids that were submitted, the October minutes, the “Garbage & Recycling” proposed amendment, the public access documents, the media policy for the police department and the vouchers for the month.
Trustee Ettinger reported that on October 8th he attended the bid opening for the Village Hall. On October 14th he and Mayor Letica interviewed the President of Ravco Construction Inc. On October 15th he attended a meeting with the restoration committee to review the bids and on October 22nd reviewed the financial statements as well as additional information the village requested. On October 27th he and Nancy Rittenhouse visited the Buddhist Temple which was the largest project performed by Ravco Construction. On October 30th he and Nancy Rittenhouse visited the Levittown Public library and met with the project manager and the director of the Library. He noted that he has been working with Mayor Letica on a power point presentation on the village hall for the meeting. He also attended numerous meetings with Officer-in Charge Ray Mahdesian regarding police matters and drafted a new social media policy. On October 21st he joined the police department and attended the certification training that was held at the Suffolk County Police range. On October 24th he met with Ray Mahdesian to review the justice court audit. He noted that he attended the holiday party and congratulated Carole Casamassima on a terrific job.
Trustee Burke reported that she reviewed the justice court audit, the monthly vouchers, and the draft of the newsletter. On October 22nd she attended the interview with Ravco Construction and reviewed the financial statements as well. She noted that she reviewed the public access plan.
Trustee Jablonski reported on the Shoulder project at the corner of Bevin Road and Asharoken Avenue. He noted that he had several meetings with the contractor and the engineer and several revisions were made to the project. He reported that he reviewed the following documents; October minutes, October vouchers, court audit, public access plan, proposed garbage and recycling amendment, the village hall presentation and the social media policy.
Village Attorney: Bruce Migatz reported that the planning board has not met and are waiting for revised plans submitted on two projects that are pending before them. The Zoning Board of Appeals met on October 20th, the first application was for Flynn at 25 Asharoken Avenue, requesting a side-yard setback that was granted. The second application was for Dwyer at 148 Asharoken Avenue, for special use permit for accessory dwelling, that was granted. This is a three year fee, renewed twice with a submission of an affidavit and after the third year a new application must be filed. The third application was the re-opening of the Wurzel application for side-yard setback variance for mechanical equipment at 6 Beach Plum Drive. The hearing was continued until the next BZA meeting.
Treasurer: Treasurer Emily Hayes reported that the total amount of vouchers for the month of October was $27,840.29. A separate resolution to approve the vouchers and related budget transfers will be made.
Officer-In- Charge: Officer-In-Charge Ray Mahdesian reported that no burglaries reported in the village of the month of October. He noted that the department completed their semi-annual firearms qualification at the Suffolk County Police Academy firing range in Westhampton.
Sanitation: Sanitation Operator Barry Bradley reported on Big Blue which is running well. Trash pick-up was 23.46 tons, Co-mingle was 1.98tons and News and Cardboard was 5.34 tons, totaling 31.30 tons. Yard waste ten families participated.
Superintendent of Buildings: Doug Adil reported on 14 reviews and inspections for the month of October. He reviewed plans for installation of a PV Solar array on the roof of a home, reviewed plans for a new home on Duck Island Road and met with low bidder to discuss details of the bid package. Discussed several pool applications and noted that it is important to always have a pool orange safety fence up at all times.
Conservation of the Environment: Marty Cohen noted nothing to report.
Emergency Manager: Bill Raisch reported that the village’s emergency plan continues. He also noted that Suffolk County Emergency Management has delivered the villages plan to the Town of Huntington for pick-up.
Mayor Letica introduced the presentation on the Village Hall project. He noted that both Trustee Ettinger and Jablonski put many hours into the presentation in order to clearly present the project.
Trustee Ettinger and Mayor Letica presented the power point on the Village Hall project an opened up the meeting for public comment. The board received approximately 13 comments on the project.
Mayor Letica pointed out that the village has 95.8% of the funds to build the building from FEMA, Grants and Private donations other than funds from taxes. Mayor Letica noted that he will refer to the board to decide whether to move forward with the project. Mayor thanked everyone for their comments.
Mayor Letica made a motion to close the public comment period, seconded by Trustee Burke.
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolutions:
Resolution (2014-129) Be It Resolved, that the Village Board approves the budget transfers for the month of October 2014.
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 (2014-130) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of October 2014 in the amount of $27,840.29.
Motion was made by Trustee Jablonski, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-131) Be It Resolved, that the Village Board does hereby approve the reclassification of the Asharoken Building Fund Checking account #0169 from the General Fund (A) to the Capital Projects Fund (H).
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 (2014-132) Be It Resolved, that the Village Board does hereby approve the transfer of $286,810.67 from the Building Reserve Fund account #5059 to the Asharoken Building Fund checking account #0169.
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 (2014-133) Be It Resolved, that the Village Board does hereby approve the transfer of $53,385.55 from the Money Market account #5018 for the 10% FEMA payment to the Asharoken Building Fund checking account #0169.
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.
The Village Hall Bids were presented to the board the total number of bids presented to the board were 10.
Prior to resolution 2014-134 Mayor Letica asked the board if they feel that a postponement of the resolution should be made, the board all agreed not to postpone the resolution.
Resolution (2014-134)
WHEREAS, the Village Board of the Village of Asharoken has solicited sealed competitive bids for a construction of a new Village Hall, said bids being returnable to Village Clerk’s office by 3:00pm on October 8th, 2014, to be publically opened and read out loud.
WHEREAS, Ravco Construction Inc. duly submitted such a bid at said time and place in the amount of $866,000 (base bid), $9500 for (alternate #1 village floor), $28,000 for (alternate #6 demolition), $3000 for (alternate #4 cupola), $7300 for (alternate #5 front stoop) and $11,100 for (alternate #7 retaining wall section),
WHEREAS, the Board of Trustees has reviewed the bid and finds the bid to be in full compliance with the bid specifications, and
WHEREAS, the Board of Trustees finds Ravco Construction Inc. to be the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED that the Village Board does hereby award the contract for the construction of a new Village Hall to Ravco Construction Inc. and authorizes the mayor to sign the agreement set forth in the bid documents with Ravco Construction Inc. for a price of $924,900.
Motion was made by Mayor Letica, seconded by Trustee Ettinger.
Mayor Letica called for a roll call:
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-135) Be It Resolved, that the Village Board does hereby accept the audit for the Justice Court of the Village of Asharoken from May 1, 2013 through September 30, 2014.
Motion was made by Trustee Ettinger, seconded by Mayor Letica.
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2014-136) Be It Resolved, that the Village Board does hereby approve the APD Social Media Policy effective the 1st of November 2014.
Motion was made by Trustee Ettinger, 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, 16 questions, comments and objections were presented.
1. Question on third public access point.
2. Comment regarding public access plan with three access points and a question on what action does the board do after the denial of the access plan.
3. Comment on the USACOE plan to include groins. Mayor Letica pointed out that a resident has volunteered a coastal engineer to look at the USACE plan once the village receives one.
4. Comment on the hazard mitigation material.
5. Question on how high the new village hall will be elevated.
6. Question on do you need 100% easements signed. Village Attorney noted that you can go to court and negotiate a price for a property owner’s easement. Deputy Mayor Pierce noted that we need to educate the residents first, before a vote could take place so we can get an informed answer.
7. Question on funding for infrastructure if a storm is not declared a State of Emergency.
8. Comment on a graphic design of the proposed Beach Restoration Beach. In addition a comment was made about little the beach will be used by the public.
9. Comment about the beach restoration project.
10. Comment about the beach lot stairs and public access.
11. Question if you purchase an easement within a private property does it relinquish the liability. The village attorney explained that if the village buys the property than the liability is the responsibility of the village. If the village buys the easement the property owner still owns the property and still has the liability as the property owner. But a statute does exist and notes that if the state protects the homeowner that have public easements taken by public statute you are then protected by general liability and are only liable for gross negligence.
12. Comment on the Coast Guard Station and if they will maintain Asharoken Avenue.
13. Comment on future storms and the erosion rate that could occur if the Beach Restoration project does not go through.
14. Question on the Justice Court audit.
15. Question on the wind turbine and the application.
16. Question on a new form on the website.
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 November 3rd, 2014 Board meeting of the Board of Trustees was adjourned at approximately 10:15 pm.
Signed: _____________________________________________
Nancy Rittenhouse, Village Clerk