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APPROVED Minutes of the February 3, 2015 Meeting of the Asharoken Board of Trustees

 Incorporated Village of Asharoken

Board of Trustees Regular Meeting

Public Hearing for the two percent Tax Cap Law

Tuesday February 3rd, 2015 7:30 PM

At the Northport Power Plant

Approximate Attendance (27)

                                                                               

                                                                                                                                                               

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

Ray Mahdesian, Officer- in- Charge

Doug Adil, Superintendent of Buildings

William Raisch, Emergency Manager

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 January 6th, 2015 seconded by Trustee Jablonski.

 

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     Abstain

Motioned Carried.

 

Mayors Report:

Mayor Letica reported, that I received an update on the Asharoken Storm Damage Reduction Project from Matt Chlebus at the NYSDEC, the update is as follows;

 

“I am waiting for the Corps to respond to the Public Access Plan that was provided by the Village. I am expecting a response any day now. The Corps have indicated verbally that there will probably be some issues that need to be addressed, but I will not know the specifics until I receive their formal response.

The Corps has also continued to develop an updated draft plan. Ron has indicated to me that we should have a copy within the next week or so (I am going to say two weeks to be on the conservative side). After receiving the draft plan, I will send it to the Village and also to NYS Department of State and our DEC Region 1 folks in Stony Brook (who will be handling the DEC permitting for the Project) for review and comment.

The main thing that the Corps is currently evaluating is groins on the eastern side of the project in front of the bulkheads. They are looking at different groin configurations (from 0 all the way up to 8), and evaluating the benefits of each configuration.

They seem confident that the draft plan will include groins (probably 3) on the western side of the project near the seawall.”

 

I received a letter from Dr. William Spencer’s office pointing out that next year the village will see a 15% increase in public safety funds.

 

Progress on village hall is moving along relatively on schedule in spite of the winter weather. I will let Trustee Mel Ettinger give a full update.

 

Trustee Laura Burke has been working on ways to improve our sanitation service and one focus is on switching to single stream recycling.  Single stream recycling does not require separating recyclables. Papers, cans and plastics are all picked up at once from the same container.  The advantage of this method is that it is easier for the residents as well as usually increasing the volume of recyclables. I will let Trustee Burke expand on this in her report.

 

The potholes on the avenue were filled by the Village of Northport Highway Department. I would like to thank Brian Haber and his terrific crew of men.  Additionally, the orange pole that residents have suggested we remove was taken down by Verizon.  I spoke to the Town of Huntington Highway Department about fixing the rut in the shoulder near Beach Plum Road. Unfortunately, the snow came just as they were about to look at it.  As soon as things melt we will get it fixed.

 

I would like to thank Officer in Charge Ray Mahdesian for getting a refund for the village of the cost of training the officers in the use of Narcan, which is given to people who have overdosed on opiates such as heroin.

 

 Officers Mike Tetro and Sid Lynn did a great job managing the ice storm on Sunday the 18th.  They prevented any accidents until TOH Highway was able to arrive to sand and salt the hill up to Eaton’s Neck.  Officer Brian O’Connor also did some extra snow plowing around village hall to keep our crowded lot as open as possible.  Finally, thanks to TOH Highway Superintendent Gunther and his team for an excellent job on keeping the roads open during winter storm Juno.

 

I would also like to thank residents Phil and Stephanie Quarles for organizing a meeting at the Northport Yacht Club where local residents could hear from experts about the condition of Northport Bay. It was an excellent idea to expose the public to the information that was presented at the Northport Water Quality meeting late last year.  Northport Bay is a critical environmental resource and the more informed the public is the more likely they will help keep the bay pristine. As I was unable to attend due to a prior commitment, I will let Deputy Mayor Pierce comment in more detail on the meeting.

 

I attended the meeting on deer management presented by the NYS DEC at the Eaton’s Neck fire house on January 15th.  The take away message from the meeting was that once you reach a population of deer that approximates what we now have control is an extremely difficult process and one that is unlikely to be very successful.

 

During the month Linda and I attended the Eaton’s Neck Fire Department installation dinner and the Northport Chamber of Commerce annual luncheon.

 

Trustees:

Deputy Mayor Pierce reported that she attended the Water Quality Seminar sponsored by Northport Yacht Club’s Women’s Committee and moderated by Stephanie Quarles.  The seminar had nine speakers and approximately 150 people in attendance.  It was an overview of the status progress, and ongoing challenges to improve our water quality in Northport Harbor. She noted that she began investigating and reviewing the minutes from the early 1960’s on past beach restoration projects which required easements.  She noted that she plans to make a trip to Riverhead to look up historical documents related to these past beach projects.  She noted that she reviewed the vouchers and minutes for the month of January.

 

Trustee Ettinger noted that December was a very busy month in our village.  During the month he noted that the Village Hall project made some very good progress.  The contractor excavated for the retaining wall, set up the forms for both the footings and the wall.  The footings have been poured and the next step will be to pour the wall which will occur tomorrow, February 4th.  The foundation will be next and depending on the weather the framing should begin by March 1st.  He noted that the village has a very good relationship with the contractor and the project is moving along as planned, despite the weather. He noted that he and Officer-in-charge Ray Mahdesian prepared a draft budget for the department and he reviewed the vouchers and minutes for the month of January.

 

Trustee Burke reported that she reviewed the vouchers and minutes for the month of January.  She attended the Deer Meeting held at the Eaton’s Neck Fire Department.  She made a presentation on “Single Stream Recycling”, and noted that “Single Stream Recycling” is a program where newspaper, cardboard bottles and cans can be put out at curbside together every Wednesday.  The program will enable the residents to recycle these materials more frequently and more efficiently. The village is planning on entering into an Inter-Municipal agreement with the Town of Smithtown in order to utilize their drop-off site at no cost to the village.  The village will no longer get paid for newspaper, but the revenue received will be offset by the lower traveling & fuel costs to Smithtown.  She noted that research shows, that single stream programs tend to increase recyclables and lower trash output which ultimately lowers our trash tipping fees.   

 

Trustee Jablonski reported that he reviewed the vouchers and minutes for the month of January 2015.  He noted that he attended the Deer Meeting held at the Eaton’s Neck Fire Department.  He reported that the block wall damage at 544 Asharoken Avenue was reported to the driver’s insurance company and payment for the repairs has been received.  He noted that the inspection of the Multi-Modal #4 shoulder project will be completed shortly and reimbursement from the State will follow.

 

Village Attorney:  Bruce Migatz reported that the Zoning Board meeting did not meet last month.  The Planning Board received revised plans for a sub-division from Duck Island Corp which is under review.

 

 Treasurer: Treasurer Emily Hayes reported that the total amount of vouchers for the month of January was $30,036.62. 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 January.  He reported on several traffic incidents relating to deer, and indicated that two motor vehicle accidents that police responded to involved deer strikes. Splash over occurred on January 26th due to the snow storm, which did not necessitate a road closure.  In his report he indicated that the police department is excited over the start of the village hall construction and pointed out that the Mayor and Police Commissioner check- in every day.  All the police officers appreciate their efforts towards the new village hall.

 

Sanitation: Sanitation Operator Barry Bradley reported on Big Blue which is running well.  Trash pick-up was 22.78 tons, Co-mingle was 1.88tons and News and Cardboard was 3.74 tons, totaling 28.40 tons.

 

Superintendent of Buildings: Doug Adil reported on 12 reviews and inspections for the month of January. He reported that he responded to a homeowner’s inquiry regarding paving an existing loose stone driveway and related permits.  He provided input on the requirements for an out of state contractor and reviewed the insurance documents.

 

Conservation of the Environment: Marty Cohen reported on a tree inspection that was performed and also pointed out that the village received the fully executed contract for the $1000 Arbor Day grant and planning the event will begin soon.

 

Mayor Letica introduced the Public Hearing on the proposed local law No. 1 of the year 2015 authorizing a property tax levy in excess of the limit established in General Municipal Law }3-c.

Village Clerk, Nancy Rittenhouse read the public hearing notice.

 

Mayor Letica gave an overview of the law, and indicated that it acts as a safety net, and in the past two years our tax levy stayed under the 2% tax cap and last year our tax increase was 1.50% which was the lowest since 2005.  This again gives our village a safety net if an unforeseen circumstance may arise, such as a storm, police overtime, which may necessitate a tax increase beyond the 1.68% tax cap. We continue to strive to stay under the tax cap.  Regarding the State tax freeze program, residents will be eligible for the program as long as the village repeals the tax cap local law prior to adopting the budget.

 

Mayor Letica opened up the hearing for public comment.

Two comments were made on the local law #1-2015.

1.        Comment was on what triggers the eligibility per the State, Mayor Letica pointed out that as long as you repeal the law, the residents will be eligible for state rebates.

2.       Comment was made about not being eligible for the $2000 State rebates if the village passes the law. Mayor Letica pointed out that the 2% cap was 1.48% last year; the $2000 tax credit is a proposal by Governor Cuomo only. Mayor Letica pointed out that this law does give the village flexibility but does have the ability to repeal the law when we determine that the upcoming budget will result in a tax levy increase below the 1.68%. 

Mayor Letica closed public hearing.

 

Resolutions:

 

Resolution (2015-07) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of January 2015 in the amount of $30,036.62

 

Trustee Ettinger made a motion to approve, seconded by Trustee Jablosnki.

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

 

 

 

Resolution (2015-08) Be It Resolved, that the Village Board approves the budget transfers for the month of January 2015.

 

Trustee Ettinger 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 (2015-09) Be It Resolved, that the Village Board of the Village of Asharoken, does hereby approve the local law 1-2015 authorizing a property tax levy in excess of the limit established in General Municipal Law}3-c for the fiscal year commencing 6/1/2015. 

 

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

Roll Call was made:

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2015-10) Be It Resolved, that the Village Board, does hereby accept the donation from the “Asharoken Building Fundraising Committee” in the amount of $3650.00 for the new village hall project.

 

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 (2015-11) Be It Resolved that the Village Board does hereby appoint a committee of the Board of Trustees to include, Deputy Mayor Pierce, Trustee Ettinger and Trustee Burke and Assessor Paul Wotzak  as the Board of Assessment Review for the purpose of reviewing any complaints regarding the 2015/2016 assessments filed on or before Grievance Day, February 17th, 2015 and to be reviewed during the hours from 1pm to 5pm at Village Hall Trailer, One Asharoken Avenue, Northport, NY 11768.

 

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 (2015-12) Be It Resolved, that the Village Board does hereby approve the adjustment to the fiscal budget for year end 5/31/2015 for an increase in the Highway Repairs (A5110.451) and an increase in the NYS DOT MM4/Shoulder Work (A4090.000) for $77,327.00. (Funds in the amount of $77,327.00 were used to extend and repair the shoulder 300’ south of Bevin Road; funds will be reimbursed by the Multi-Modal #4 Contract).

 

Trustee Jablonski 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 (2015-13) WHEREAS, the Village Clerk of the Village of Asharoken delivered to this Board of Trustees the following account of all taxes remaining due and unpaid for the year 2014 & 2015, together with a description of the lands on which said taxes are unpaid:

 

Mayor Letica made a motion to waive the reading.

 

Name of Owner

2014/2015 Real Prop. Taxes

Dist/Section/Block/Lot

Taxes

Penalty

Pub. Fee

Total

Kuhn, Thomas

0401-003-01-015-000

$43.18

 

$4.75

$7.50

$55.43

Blower

0401-003-02-091-000

$3123.39

$374.81

$7.50

$3,505.70

Roth

0401-008-02-008-000

$6477.08

$476.24

$7.50

 

$6960.82

Shakib

0401-008-01-007-003

$7542.19

$1,360.69

$7.50

$8910.38

 

Peterson

0401-003-02-002-000

$518.17

$62.18

$7.50

$587.85

 

 

 

 

 

 

 

 

NOW, THEREFORE, BE IT RESOLVED that this Board has examined said account, and compared it with the original tax rolls, and hereby certifies it to be correct.

WHEREAS, the Village Clerk by the 1st day of February, 2015 did return and file an account of unpaid taxes to this board for the year 2014 & 2015, and

WHEREAS, the Board of Trustees did examine such account and did compare it with the original tax rolls and did therefore, certify to the effect that they found it be correct,

AND WHEREAS, from the account of unpaid taxes returned by the Clerk of the Village of Asharoken, New York, to this Board for the year 2014 & 2015, the following taxes still remain due and unpaid after diligent efforts have been made to collect same, to wit;

 

 

Name of Owner

2013/2014 Real Prop. Taxes

Dist/Section/Block/Lot

Taxes

Penalty

Pub. Fee

Total

Kuhn, Thomas

0401-003-01-015-000

$43.18

 

$4.75

$7.50

$55.43

Blower

0401-003-02-091-000

$3123.39

$374.81

$7.50

$3,505.70

Roth

0401-008-02-008-000

$6477.08

$476.24

$7.50

 

$6960.82

Shakib

0401-008-01-007-003

$7542.19

$1,360.69

$7.50

$8910.38

 

Peterson

0401-003-02-002-000

$518.17

$62.18

$7.50

$587.85

 

 

 

 

 

 

 

 

NOW, THEREFORE, this Board, pursuant to Article 14 of the Real Property Tax Law of the State of New York, determines to collect the amount of such unpaid taxes levied or assessed for the year 2014 & 2015 by a tax lien sale in accordance with procedures authorized by the Board of Trustees in the manner and after the form and resolution, certified by the Clerk, shall be transmitted forthwith to the Treasurer of the Village with the account, affidavit, and certificate of such unpaid taxes and is authorized and directed to cause to be published in the official paper of the Village, once each week for three consecutive weeks, a list as shown in the tax roll, with the amount of the tax, penalties, and charges thereon, excepting there from such parcels of property on which the Village holds and owns one or more unredeemed certificates of tax sale; and also a notice  that the said real estate will, on a day subsequent to the expiration of said three weeks to be determined by said Village Clerk and specified in said notice, be sold at a place in said Village to be designated by said Village Clerk, to discharge the tax, penalties, and charges aforesaid, which may be due thereon at the time of such sale, and that the said Village Clerk, at the time and place specified in said notice, proceed with the sale of said real estate upon which such taxes are unpaid, as set forth above, and continue the same from day to day until the sale is completed.  That such real estate shall be sold subject to any unpaid assessments thereon levied by the Village of Asharoken and also subject to any unpaid tax liens purchased and held by the Village.

 

AND BE IT FURTHER RESOLVED, that in all cases where no bid shall be made on a lot or parcel of land so offered for sale for an amount sufficient to pay the said tax, penalties, and charges, the said premises shall be deemed to have been sold to and purchased by the Village of Asharoken, New York

The Village Clerk has advised that the tax sale referred to in the foregoing resolution would be held on Tuesday, March 16, 2015, at 1pm to 3pm, at the Village Hall trailer, 1 Asharoken Avenue, Northport, New York, and that publication of the list of properties to be sold would commence on or about February 19, 2015, and be it further resolved that the Village Board reserves its right to authorize and direct the Village Treasurer on behalf of the Village to reject any and all bids for parcels of lands listed in the annual tax lien sale to be held as set forth herein and, and to bid in and purchase if necessary the same for the Village.

AND BE IT FURTHER RESOLVED, that the Village Board reserves the right to withhold any and all said tax liens from sale and/or to cancel said tax lien sale.

Trustee Ettinger made a motion to waive the reading, seconded by Trustee Jablonski.

Trustee Jablonski                                            AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica 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: (2015-14) Be It Resolved, that the Village Board of the Village of Asharoken does hereby authorize the Mayor to sign the agreement letter authorizing Skinnon and Faber CPA’s P.C. to perform an audit for the Village of Asharoken financial statements and the Court financials statement and furnish the NYS Update Report for the year ending 5/31/2015. The cost of the audit will be approximately $8000 to $8800 and the cost of the court audit will be approximately $600.00.

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 (2015-15) Be It Resolved, that the Village Board authorizes the Mayor to sign the letter of intent to enter into an Inter-Municipal Agreement with the Town of Smithtown for acceptance of single stream recyclable items, no tipping fees to the Village of Asharoken.

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 opened up the meeting for public session.

During public session, four questions and comments were presented.

1.       Question on the penalty amount for delinquent tax payments and question on the building inspectors report and clarification of the property owners in Duck Island listed on the report. 

2.       Comments were made on the benefits to the Beach Restoration Project.

3.       Question on the mayors report and the valuation of the plan by the ACOE relating to groins.

4.       Comment on having a presentation by the NYSDEC and ACOE on the Beach Restoration Plan.

 

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 February 3rd, 2015 Board meeting of the Board of Trustees was adjourned at approximately 8:20 pm.               

Signed: _____________________________________________

                Nancy Rittenhouse, Village Clerk