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APPROVED Minutes of the April 4, 2017 Meeting of the Asharoken Board of Trustees

 Incorporated Village of Asharoken

Board of Trustees Regular Meeting/Public Hearing on village budget

        Tuesday, April 4, 2017 7:30pm

             At the Village Hall

Approximate Attendance (16)

                                                                               

                                                                                                                                               

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

Barry Bradley, Sanitation Operator

Doug Adil, Superintendent of Buildings

Raymond Mahdesian, Officer-in-Charge

Marty Cohen, Chairman of the Board of Conservation

 

The Pledge of Allegiance was said.

Mayor Letica requested, proof of publication, Village Clerk confirmed.

 

Trustee Ettinger made a motion to approve the regular board meeting minutes for March 7, 2017 seconded by Trustee Jablonski.

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Deputy Mayor Pierce made a motion to approve the Special Meeting for March 21, 2017 seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica reported, “The Village had two nor’easters during March both of which caused substantial erosion of the sand on the marsh side of Asharoken Avenue opposite the Bevin Road seawall.  The second storm, overnight on 31 March to 1 April, also tore one of the steel caps off of the seawall.  The cap came off because of the severe corrosion of the steel sheeting at the top of the wall.  Other caps may become dislodged for the same reason in the future.  I had a scheduled meeting with Congressman Tom Suozzi and Superintendent Frank Petrone for May 5th   to discuss solutions and the next plan of action needed to repair the seawall area (both the wash over and integrity of the wall), but as a result of the two storms I was able to move the meeting up to this Friday, April 7th. Joining us at this meeting will be Coastal Engineer Aram Terchunian who had previously advised the Village on the ASDRP project and is an expert in his field.  Deputy Mayor Pierce immediately informed the DEC of the damage and sent numerous photos of the condition of the seawall area.  The DEC will be working on the next steps that are needed to deal with the failing seawall. The eroded sand in that area will be replaced and re-graded next week. Both Pam and I wanted to have Congressman Suozzi, Supervisor Petrone and the Coastal Engineer have a look at the condition of the seawall after the two storms.

Both Trustee Jablonski and Trustee Burke are currently working on getting three estimates and ideas from contractors to repair the failing concrete shoulder corner near the base of the crossover steps. We are waiting back for two of estimates from two contractors and are working on getting the third estimate. Both Ian and Laura will have more to report.

The Village received $19,413 in grant money from the office of Suffolk County District Attorney Thomas Spota through the Department of Justice Equitable Sharing Program.  The Village will be using the money to replace two old traffic radars and install computers into the police SUVs. Radars are a key tool for the police department and must be upgraded for our officers to perform their job.

At the request of the Board of Trustees our Village attorney has drafted two amended local laws;

 

Local Law No. 2-2017–chapter 122 “Waterways” amendment is to prohibit wake surfing in Duck Island Harbor. As Trustee Burke explained last month this type of vessel and speed creates a large wake that causes erosion, damage to docks and boats near the shoreline and a potential safety issue as these boats go much slower than other vessels towing people in the harbor.

 

Local Law No. 3-2017-chapter 112 “Trees” amendment will allow the Conservation Board to have the same authority as the building inspector and planning board when it comes to approving a tree removal application based on the situation noted in the code.  Currently the Conservation Board receives the tree removal application reviews the site, and makes a recommendation to the BOT. This prolongs the process for the resident. Residences can still appeal any decision to the BOT.

Public Hearings on both amendments will be scheduled for the May 2nd meeting.

 

Police Commissioner Mel Ettinger and I interviewed a new prospective part time police officer, Steven DeMarco. His credentials were very impressive, particularly in the area of white collar and cyber-crime, and we are recommending that the Board of Trustees approve his appointment to the Asharoken Police Department.  Officer DeMarco will help provide the Village with an extra option for part time coverage and expertise in crimes that are becoming far more common.

 

I would like to thank all the residents who donated their shoes for the Souls4Soles Northport Rotary program.  The Village collected 150 pairs of shoes, residents and students Emma & Mikey Turner collected 500 pairs of shoes on their own as well as through their school (St. Anthony H.S.). The total Northport Rotary club collection was 20,000 pairs of shoes.  Many thanks go out to resident Andy Giffin for organizing and being part of such a worthwhile cause.

 

Trustees:

Deputy Mayor Pierce reported that she attended the work session on March 21st, reviewed the tentative budget and the two proposed local laws on waterways and trees and the vouchers.  She noted that she photographed the beach and seawall area before and after the two Nor’easter storms and sent them over to the NYSDEC and ACOE.  She met with several residents on various issues.  She noted that several stairs were damaged during the National Grid sand placement; stair repairs are slated to be repaired on or about April 17th.  The Water Quality workshop has been re-scheduled for April 27th at the Northport Yacht Club, several speakers will present, and workshop begins at 7:30pm. 

 

Trustee Ettinger reported that he spent time with Officer Mahdesian and finalized the police and marine budget for the next fiscal year.  He noted that he monitored the blizzard on March 14th along with the police department; we had significant splash-over and had to close the road for a period of time.  Last Saturday I spent time with the police on traffic control along with the Town of Huntington to clear the sand off the road and remove a steel cap that became dislodged.  On March 12th Mayor Letica and I interviewed a new part-time police officer Steven DeMarco who is extremely qualified.  On March 14th attended a court session.  On March 21st attended the Special Meeting to review the tentative budget that was presented by our Village Clerk and Treasurer.  He noted that he reviewed the minutes, FOIL’s and the responses and reviewed the vouchers.

 

Trustee Burke reported that she and Trustee Jablonski met with two contractors to discuss the damaged concrete near the seawall.  She noted that she reviewed the minutes, vouchers, village correspondence; the proposed waterways local law change and attended the special meeting on March 21st.  She noted that she spoke to a resident (Pip Sarsar) to discuss building a small Kayak rack behind Village Hall for residents who don’t have water access.  She noted that after speaking with the Town of Huntington Director of Maritime Services the demand for kayak use has increased. She suggested on sending out an email asking our residents for their input on the idea.

 

Trustee Jablonski reported that he reviewed the vouchers, minutes for meetings, the tentative budget and the proposed amendments to the local laws on waterways and trees. He noted that he attended the special meeting held on March 21st.  He noted that he and Trustee Burke met with two contractors to repair the damage to the concrete that occurred near the stairwell.

 

Village Attorney:  Bruce Migatz reported that the Zoning Board did not meet this month; the ERB did not meet this month on the on the two dock applications.  GEI Consultants, who are reviewing the environmental submittals by the parties, are expected to have their report to the Village by the end of this week; we should be ready to have a meeting next month.

The Planning Board did meet on March 21st on the Duck Island Subdivision application. The conclusion of the hearing was that the public hearing was closed and the Planning Board declared itself a lead agency under SEQRA.  VHB Engineering is completing items 2 and 3 of the EAF for submission to the board.  The applicant was asked to meet with VHB Engineering to discuss concerns about headlights impacting residents opposite the new road location and to save the osprey nest on the property. They will be reporting back at the next meeting.  The application was sent to the Suffolk County Planning Commission for their advisory opinion and they have rendered a local determination with some recommendations that the board will consider at the next meeting.  The next meeting is scheduled for April 27th.

 

Village Treasurer: Emily Hayes Treasurer reported that the village received a grant from Suffolk County under the Department of Justice Equitable Sharing Program in the amount of $19,413.40.  These funds will be used to purchase two radar units and computer equipment for the police vehicles.  The total vouchers for the month of March were $35,780.16.  There was a separate resolution to approve the vouchers and budget transfers.

 

Officer-In-Charge:   Officer-In-Charge Ray Mahdesian reported 33 summonses and 2 arrests. Officer in charge Mahdesian reported that a grand larceny reported in January has been reclassified as simply a lost property incident, as the jewelry piece reported stolen was subsequently located by the owner.  He noted that an accident occurred causing the road to be closed for a short time.  The other accident involved a car flipping over onto another car.  Another accident occurred involving a deer west of Bevin Road. 

 

Sanitation Operator: Barry Bradley reported that Big Blue is running well.  Total trash tons was 18.71 single stream 7.84 tons for total tonnage for the month being 26.55 tons.

 

Superintendent of Buildings: Doug Adil reported that he responded to a complaint regarding accessory structures in use without a Special Use Permit. Inspected one of the structures, and the inspection of the other is pending.  Met with a homeowner to inspect their existing elevated deck and deck stairs; responded to a homeowner question regarding if a building permit is required; reviewed drawings for proposed alterations to an existing structure; met with a tenant at a rental property interested in purchasing the home; reviewed the updated survey for a new garage construction. He noted that an item was left off of the March report regarding tree stands.  Tree stands are not structures and do not require a building permit. Twelve inspections were performed.

 

 Conservation Board Chairman:  Marty Cohen noted that he worked with a homeowner on a tree removal permit.

 

Public Hearing: On the tentative budget for the 2017-2018 fiscal year. Village Clerk, Nancy Rittenhouse read the legal notice.

 

Mayor Letica noted that the proposed tentative budget 2017-2018 proposes a 0% tax increase and stays under the NYS 2% tax cap. This is the second 0% tax increase and the fifth village budget that I have presented which has stayed under the tax cap.  2016 was the last year for tax freeze rebate checks.  The budget maintains all the village services to its residents and also reserves money for future needs without raising taxes for the next fiscal year.  During the last four and a half years, the village was able to construct Village Hall without using taxpayer funds, repave much of Asharoken Avenue, purchased four new police cars, repaired dangerous groins, repaired dunes damaged by Sandy, fixed the non-functional catch basins west of Bevin Road and bolstered a shoulder across from the seawall.  In addition we moved our village files and records to our Village Hall for access and reduced storage costs.  The village can continue to maintain low annual tax increases and yet still manage to make needed infrastructure and improvements.  The average tax increase since 1990 is approx. 4.7% during the last five years the average tax increase will be 1.35% assuming the budget is passed tonight. He noted that the budget is a spending plan for the entire year. He pointed out some of the expenditures that increased such as health insurance, police salaries, law contractual, fire and EMS protection, social security, insurance and police uniforms.  We had several offsetting reductions, contingent accounts, net professional fees, village hall Light and power, records management and landfill costs and sanitation fuel which are a direct result to single stream recycling.  In addition the village will refund its contingent accounts; (police, sanitation, highway maintenance, marine equipment and unpaid benefits).  We made several adjustments on the revenue side, mortgage tax, public safety, building safety and miscellaneous. The key factor to maintaining a 0% tax increase was an increase in the village’s overall assessment.  Long term the village is excellent financial shape.  For the last three years NYS controller’s office has awarded the village the highest grade for the financial stress test. Our reserve accounts are robustly funded and will allow the village to do future repairs, infrastructure improvements, replace vehicles, maintain our village hall and cover retirement costs for our police department with very small to no impact to our annual tax rate.  He thanked Village Clerk Nancy Rittenhouse and Treasurer Emily Hayes for their work on the budget. 

The funds assigned to the feasibility study will remain in place until we reach a final determination with NYS.

 

Mayor Letica opened the Public Hearing:

Comments:

 Three residents made public comments:

1.       A resident thanked the Board of Trustees for not raising taxes.  A second question was where is the expense for the “As needed” sanitation operator in the budget. Mayor Letica noted that when the “as needed” sanitation operator at $30.00 an hour fills in for Barry Bradley then he will be paid $30.00 and Barry will not be paid for that fill in day.  The operator hauler who is paid $14.00 an hour is budgeted for $2,800 a year which has not changed from last year. Resident asked how the Board is planning on spending the infrastructure reserve funds.  Mayor Letica noted that the infrastructure reserves could be spent on a multiple of different needs. Resident asked about the marine patrols.  Mayor Letica pointed out that the marine patrols have remained the same. The resident remarked on the records management that by moving the records to the Village Hall causes an increased liability. 

2.      A resident thanked the Board of Trustees for the proposed 0% increase and noted that even when you have extenuating circumstances; such as costs going up out of your control. He noted that keeping the budget at zero, nickels and dimes don’t matter.

3.      A resident thanked the Board of Trustees on the budget. A second question was on the difference between the professional fees.  Mayor Letica pointed out that there are two line items are on the budget for in house professional fees and outside professional fees.  A third question was on the fireworks and if it was being decreased. Mayor Letica pointed out that the fireworks is not being decreased. A fourth question was whether any discussion took place with the state on the $345,000. He asked if there were any discussions with representatives with Sandpiper Farm regarding payments in lieu of taxes.

 

Mayor Letica made a motion to close the public hearing on the annual village budget hearing for 2017-2018, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolutions:

 

Resolution (2017-24) Be It Resolved, that the Village Board approves the budget transfers for the month of March 2017.

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-25) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of March 2017 in the amount of $35,780.16.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-26) Be It Resolved that the Village Board does hereby approve the scheduling of a public hearing on Tuesday, May 2nd, 2017 on amending local law chapter 122 (Waterways).

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-27) Be It Resolved that the Village Board does hereby approve the scheduling of a public hearing on Tuesday, May 2nd, 2017 on amending local law chapter 112 (Trees).

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-28) Be It Resolved that the Village Board does hereby approve the scheduling of a public hearing on Tuesday, May 2nd, 2017 on the MS4 Stormwater Annual Report for year-end March 9th, 2017.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-29) 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, 2017 (rain-date July 5th, 2017).

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-30) Be It Resolved that the Village Board does hereby appoint Joseph Affrunti as the Fireworks Safety Officer for the 2017 fireworks display.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

 

Resolution (2017-31) Be it Resolved, that the Mayor does hereby appoint Steven DeMarco as a Part-Time/Seasonal Police Officer for the Village of Asharoken, effective immediately, subject to Board approval.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-32) Be It Resolved that the Village Board does hereby approve the village annual budget for fiscal year end 5/31/2018.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-33) Be It Resolved, that the Village Board does hereby approve the Tax Warrant for the fiscal year ending 5/31/2018.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-34) 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 2017-2018 fiscal year, between the hours of 9:00am and 3:00pm except Saturday and Sundays and Legal Holidays.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-35) 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, 2017, taxes will be received at the Village Hall, One Asharoken Avenue, Northport, NY 11768, from June 1, 2017 daily from 9am to 3pm except Saturdays and Sundays and Legal Holidays until and including July 3, 2017 without penalty.  Five percent will be added to taxes received after July 3, 2017 and one percent for each month thereafter until paid in full.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-36) Be It Resolved, that the Village Board does hereby approve a tent permit for the Wallack  Family located at 3 Eaton’s Neck Road for the time period of April 21 thru April 23 of 2017.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried

 

Resolution (2017-37) Be It Resolved, that the Village Board does hereby approve the use of funds from the Operating Account #9476 for the State and Municipal Facilities Program (SAM) grant project ID #7525 for improvements to Asharoken Avenue.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-38) Be It Resolved that the Village Board does hereby approve the repair of the concrete bench by Parker Landscaping Services in the amount of $300.00.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried

 

Resolution (2017-39) Be It Resolved, that the Village Board does hereby approve the adjustment to the fiscal year 5/31/2017 budget to increase the Other Gov’t Income (A3089.000) for $4,500 and increase the Municipal Court equipment & Capital Outlay (A1110.200) for $4,500 for court file cabinets.

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica asked if the Board has any other new business to bring up.  Trustee Burke noted that she mentioned Pip Sarser’s name earlier since he built the kayak racks at the EHC Sluice.

 

Mayor Letica opened up the meeting for public session.

During public session, two comments or questions were presented.

1.    A resident asked if the ban on wake surfer is only in the area of Duck Island Harbor. He also requested moving public session before the resolutions are approved. Mayor Letica noted that we send out the agenda the day before and residents have an opportunity to email any questions they may have.

2.    A resident asked about the prior month’s resolution regarding “no hunting in the nature preserve”; the Village Attorney noted that the village can stop people from deer hunting, but penalties can also be issued after passing a local law. In addition the resident commented on a public hearing set for the amended local law on “waterways” and not for deer.

 

Mayor Letica made a motion to close the public session, seconded by Trustee Ettinger.

Trustee Burke                                                  AYE

Trustee Jablonski                                           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 Burke                                                  AYE

Trustee Jablonski                                           AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

                The April 4th, 2017 Regular board meeting of the Board of Trustees was adjourned at approximately 8:30pm.              

Signed: _____________________________________________

                Nancy Rittenhouse, Village Clerk