Incorporated Village of Asharoken
Board of Trustees Board Meeting
Tuesday, October 1, 2019 6:30pm
At the Village Hall
Approximate Attendance (14)
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
Doug Adil, Building Inspector
Marty Cohen, Chairman of the Conservation Board
Barry Bradley, Sanitation Operator
Raymond Mahdesian, Officer-in-Charge
The Pledge of Allegiance was said.
Publication of meeting was confirmed.
Deputy Mayor Pierce made a motion to approve the Regular Board Meeting minutes for September 10th, 2019 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’s Report;” Today a lot of thought went into the idea of switching from in house sanitation to outside sanitation service. We received several emails and letters supporting Barry Bradley. The Village received 5 bids ranging from $131,328 to $247,161 on Monday, September 30th. The lowest bidder would save Asharoken approximately $18,000 per year in taxes; roughly a 1% decrease. The Village did its due diligence trying to fact find other sanitation costs compared to what we are paying now. It is my opinion not to pursue this matter any further at this point with these minor savings and would prefer not to go forward with these bids at this time even though we are one of the few villages that do provide in house carting. I spoke to Barry this evening and Barry has an interest in stepping down from this position in the very near future. At that point we can consider making the transition to outside carting. Outside carting offers more service and less liability for the Village. I want to thank everyone who sent in letters and emails. This bidding process was to determine what our options are; especially knowing that Sand Piper Farm has grieved their taxes as well as National Grid Power Plant; we can possibly expect increases in taxes from our School District. We don’t want to pay more taxes; we have held the line on taxes for the past four years. This was a fact finding process and we have a fiduciary duty and responsibility to Village residents to evaluate options.
Unfortunately, one of the Village police cars was in an accident and it was determined not to be fixable. Fortunately, the officer driving the car was not injured. I will have Police Commissioner Ettinger add more details to this in his report.
On January 3, 2018 two Village residents in the Ida Smith area of the Village commenced legal action in New York State Supreme Court against the Village seeking to overturn the Board of Trustee’s decisions denying their applications for docks. Last week the decision on this matter was received by the Village and the Judge ruled in favor of the Village. Village Attorney Bruce Migatz will report more on this matter
The Village received notice this week that it was awarded a $25,000 NYS Division of Homeland Security and Emergency Services grant. This money will be used to purchase and install a second inline check valve to mitigate back flooding of Asharoken Avenue near Village Hall. The first of two needed check valves was installed in 2017. During the last eight years the Village has received approximately $1,359, 000 in Federal, State and other aid. I want to thank Village Clerk Nancy Rittenhouse for writing these grants; and being successful in receiving these grant funds.
Finally, I would like to extend congratulations to the Asharoken Garden Club which just celebrated its 95th anniversary. Besides having a deep interest in plants and flowers, the club is also extremely philanthropic and supports many very worthy local causes. The club had a great float in the Cow Harbor Day parade last Sunday.
National Grid advised the Village that it will begin stock piling sand at the Sound View Boat ramp and will begin placement either the end of the week or early next week. They have their contractor to sieve the sand; and they will be placing sand that is similar to what is on the beach presently.
I had the pleasure of representing Asharoken in the Cow Harbor Day parade
Trustees:
Deputy Mayor Pierce reported that she attended a Shared Service teleconference; she noted that Mayor Letica and I met with National Grid about the sand placement; the placement will occur very soon. She noted that on the 24th of September she attended a round table meeting with municipal officials across the county they discussed financial issues pertaining to local government. She reviewed the minutes, vouchers, and attended the Cow Harbor Day parade.
Trustee Ettinger reported that he worked with Officer-in-Charge Mahdesian on police matters. He reported that Officer Mahdesian was in an accident with our police vehicle the police car is totaled. Our village has a total replacement policy; we will be able to replace the car at today’s dollars plus equipment. We should be getting the dollar figure for a replacement vehicle soon. He reviewed the minutes and monthly vouchers. He noted that he marched in the Cow Harbor Day parade; he worked on the “No Solicitation” labels. He reviewed the court decision on the docks and FOIL’s.
Trustee Burke reported that she reviewed last month’s minutes, monthly vouchers, police report, and correspondences from residents; and she researched how Long Island municipalities handle their trash. She noted that she was present during the bid opening.
Trustee Jablonski reported that he reviewed, the minutes, monthly vouchers, police report, IMA on the snow removal, correspondences on sanitation and participated in a meeting with Suffolk Share and health partnership on tick mediation. Highlights from the meeting: Tick surveys are conducted in mid October during peak season; the expectation is that the Lone Star tick will increase in numbers as well as deer ticks. Suffolk County has one of the highest per capita rates in NY. In 2018 Suffolk County is the second highest County for tick density and the fourth highest County having ticks that are infected with diseases. Trustee Jablonski noted that you should be careful going out in the woods this year; he will be working with the health partnership and try to have physicians come and speak to help educate our residents.
Village Attorney: Attorney Migatz reported that the planning board did not meet in the month of September. The Zoning Board did meet on September 24th; two applications were heard. One application was at 1 Beach Plum Drive; the owner sought for two front yard setbacks for a new garage and that application was granted. The second application was at 3 Pheasant Lane the owner sought a side yard and rear yard setback variance for a pool and pool pavilion. That hearing was continued for the submission of further evidence and testimony to address some concerns that were raised at the hearing. A decision was made by the Supreme Court in the article 78 that challenged the Village Boards disapproval of the dock permits for Akeson and Giunta. The Environmental Review Board after extensive hearings, testimony and documents recommended that the Village Board disapprove the applications; the Village Board adopted the ERB’s recommendation. The applicants took an article 78 proceeding and after more than a year, the court rendered their decision which is a well reasoned decision. With an article 78 proceeding, the test is whether or not the agency’s decision was arbitrary or capricious and not based upon substantial evidence. The court held that there was substantial evidence in the record to uphold the board’s determination and it was not arbitrary or capricious. The decision is a public document. The applicants have the right to appeal to the Appellate Division Second Department. They have until October 31st. Quite often since it’s a short window, the applicant’s attorney will file a notice to appeal to reserve their client’s right to appeal, then they have six months to perfect their appeal. He noted that we will wait and see if they file their notice to appeal.
Village Treasurer: Emily Hayes reported that the vouchers for the month of September were $27267.43. There will be a separate resolution to approve the vouchers and one budget transfer for the month.
Police Report: Officer Mahdesian reported that the department completed a successful marine patrol season. Our last mission provided assistant to Northport Police Department during Cow Harbor festivities. Special thanks to Joe Affrunti for all his hard work to keep the marine unit running. The department issued 49 summonses and made 3 arrests. No reported burglaries in the village for the month of September.
Sanitation Operator: Barry Bradley reported that big blue is running well. Total tipping fees for the month of September were $2,350.00. Trash tonnage 29.38, paper & cardboard 3.85 tons; glass 1.62 tons, plastic and metal 1.21 tons.
Building Inspector: Doug Adil reported that he inspected a home on Bevin Road that appears to be in violation with Village Code, sections 46-3 and 46-7. A neighbor has arranged to remove the tree that fell on the home this past summer. A building permit was issued for masonry piers, he reviewed construction drawings for renovations to a home on Asharoken Avenue; plans were returned for revisions. He attended the ZBA hearing on September 24th and met with a homeowner on Bevin Road East to discuss requirements for the installation of a generator. The building inspector performed ten inspections.
Chairman of the Conservation Board: Marty Cohen reported that the board is working on two requests for tree permits.
Public Session:
1. A resident said thank you to the Board for their decision on the Sanitation Bids.
2. A resident commented that Barry is the first one to send in his check for Save the Fireworks; he is irreplaceable.
3. A resident noted that he would prefer to keep the carting in house; also he noted that a liability exists for cyclists within the right a way in the areas where it is not clear.
4. A resident asked about the skeet shooting and she is concerned that she would not want people skeet shooting while she is on the beach lot.
5. A resident asked about commercial vehicles on residential property; Attorney Migatz noted that our code does not prohibit that, it is common in other municipalities to restrict the parking of commercial vehicles the Huntington ordinance does not apply in the Village. The resident asked what we have to do to change this code; Attorney Migatz noted that the Board would have to make an amendment to the zoning code to either restrict or prohibit parking of commercial vehicles. The resident requested if the board would consider putting forth an amendment to the code. Mayor Letica noted that the board will consider it.
6. A resident asked about the status of the dune restoration and the seawall.
7. A resident asked about the Sandy funds for the seawall; Deputy Mayor Pierce noted that the funds are for the feasibility study.
8. A resident asked if the village still has the feasibility study funds; Mayor Letica noted that the funds are in our reserve account. The Village may be responsible for paying it back or the funds will be put towards the seawall repair.
Mayor Letica made a motion to come out of public session, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Resolutions:
Resolution (2019-92) Be It Resolved that the Village Board approves the budget transfers for the month of September 2019.
Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Resolution (2019-93) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of September 2019 in the amount of $27,267.43.
Deputy Mayor Pierce made a motion to approve, seconded by Mayor Letica.
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Resolution (2019-94) Be It Resolved, that the Village Board does hereby approve the firearms permit for Burke /Rittenhouse property owners for target clay shooting; location on the beach lot 0401-004-01-040 facing the Long Island Sound.
Trustee Ettinger made a motion to approve, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Burke Abstain
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Village Clerk, Nancy Rittenhouse presented the bids;
Presentation of the Bids for Sanitation Services for solid waste, yard waste, bulk/white goods waste and recyclables to the Board of Trustees:
The Competitive sealed bids for Sanitation Services were publicly open and read out loud at 2:00pm on September 30th, 2019 by Village Clerk Nancy Rittenhouse. Officer Josephson, Deputy Mayor Pierce and Trustee Burke were present during the opening of the sealed bids.
Bids:
Total Collection Services $131,328.00
De Jana Industries LLC $169,588.00
Bianculli Sanitation, Inc. $235,560.00
National Waste Service LLC $246,432.00
Winters Bros. Hauling of Long Island, LLC $247,161.14
Resolution (2019-95) Be It Resolved that the Village Board does hereby reject all bids opened on September 30th, 2019 for the Collection, Transportation and disposal of residential solid waste, yard waste, recyclables and bulk/white goods waste.
Mayor Letica made a motion to approve, seconded by Deputy Mayor Pierce.
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried
Resolution (2019-96) Be It Resolved that the Village Board does hereby authorize the Mayor to sign the Inter-municipal Agreement between the Town of Huntington and Incorporated Village of Asharoken for snow and ice removal services for a five (5) year agreement commencing on September 1, 2019 and ending on September 1, 2024, Attorney Migatz approved as to form.
Deputy Mayor Pierce made a motion to approve, 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 1, 2019 Regular board meeting/public hearing of the Board of Trustees was adjourned at approximately 7:20pm.
Signed: _____________________________________________
Nancy Rittenhouse, Village Clerk