Incorporated Village of Asharoken
Board of Trustees Regular Meeting
Tuesday, September 6, 2016 7:30pm
At the Village Hall
Approximate Attendance (75)
Officers Present:
Greg Letica, Mayor
Pam Pierce, Deputy Mayor
Melvin Ettinger, Trustee
Ian Jablonski, Trustee
Officials & Appointees Present:
Nancy Rittenhouse, Village Clerk
Bruce Migatz, Village Attorney
Emily Hayes, Treasurer
Barry Bradley, Sanitation Operator
Doug Adil, Building Inspector
Raymond Mahdesian, Officer-in-Charge
Marty Cohen, Chairman for the Conservation Board
Joseph Affrunti, Harbormaster
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 minutes for August 2nd, 2016, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Mayor’s Report:
Mayor Letica reported, “The best news of the month was that Hurricane Hermine remained far enough off shore as to cause no problems for the Village. The storm had the potential to have caused a series of very high tides had it followed its initially predicted forecast. So although Labor Day weekend was cloudy and breezy on balance it was a terrific holiday.
There is much to report on the ASDRP much of which has been shared with the residents via email already. On August 10th the Village received from the NYSDEC a copy of the letter it received from Colonel Caldwell of the USACOE. The letter reiterated the USACOE position that access points and parking would be required every half mile. The amount of parking required is still under review. The letter also requested that the Village send a letter committing to “providing five public access points, located approximately every one half mile within 30 days of the date of the letter”. This letter clearly indicated that the USACOE was not willing to consider the proposal of Congressman Steve Israel and Town Supervisor Frank Petrone that public access is limited to two areas as a trade off for the public benefit of protecting Asharoken Avenue. The Village previously submitted a draft public access plan noting these requirements.
The morning of August 12th in response to the ACOE letter Deputy Mayor Pierce and I had a phone conversation with Sue McCormick and Matt Chlebus of the NYSDEC. Their input was that the USACOE was not going to back down from their requirements. They did say that the Village and the USACOE would have to work out the parking but that very limited parking in the three middle access points might be acceptable.
The afternoon of August 12th I met with Supervisor Petrone and discussed the need to have the project done for the benefit of both the Village and Town. Supervisor Petrone and I reached out to Senator Chuck Schumer asking for his help. A Joint letter was written requesting that the Senator reach out to the USACOE to try to make every effort to negotiate the public access component of the plan. That letter was sent to Senator Schumer on August 26th.
On September 2nd I was informed by Sue McCormick with NYSDEC that Colonel David Caldwell, Head of the New York District of the U.S. Army Corp of Engineers would like to have a phone call with the Village on September 13th. This conference call is confirmed. She also informed me that the ACOE did not grant the 30 day extension in spite of the fact that the NYSDEC also requested an extension. I informed her that the Village was not in a position to make any response until we speak to Colonel Caldwell.
In my conversations with both the DEC and Supervisor Petrone I made it very clear that the opposition to public access is so strong among Village residents that the project is in jeopardy of not being constructed.
I received a letter that was distributed by the Asharoken Property Owners Association. The letter points out all of the issues that the property owners are faced with if this project is approved.
· Increased costs to all Village Property Owners if the project is approved.
· Losing your private beach if the project is approved.
· Possible additional liability if the project is approved.
· Increased security measures if the project is approved.
· Potential home value adjustments if the project is approved.
· Zero flooding plan for bayside homeowners if the project is approved.
The Village Board has heard your concerns at many monthly and special meetings, I and the entire board have read your letters and all your email correspondence on this project. We are making every effort to convince the ACOE to agree to this project for the public benefit of the roadway, which we hope will remove the public access component. We have brought in Congressman Israel, Town Supervisor Petrone and recently Senator Schumer to help change the ACOE’s interpretation of the Statue.
The Village Board knows that ideally a beach replenishment project is what Asharoken needs but the price of giving up our private beaches is not acceptable. We know this because of your input. If we cannot change the minds of the ACOE, then our only course of action left is to;
· Complete the Feasibility study. The original agreement to commence the Feasibility Study and obligation to pay the local share was signed by Mayor Kelly in 2001.
· The Feasibility study does not obligate or bind the village to do this project; it is a prerequisite for any coastal beach project and is required. Completing and securing the study will help future projects down the road. If conditions change and the village is in need of a future project the finished study will be required and expedite the process. By completing the study does not obligate the village to the beach project.
· The cost of the completed Feasibility Study is approximately $300,000; the village has $345,000 set aside under the Feasibility Reserve Account. This money is owed whether the study is finished or not.
· In order to complete the study the Village will have to submit an acceptable public access plan which as of today needs 5 access points with parking. This could be subject to modification based on our discussion with Colonel Caldwell next week.
· Other communities have faced similar situations. In Long Beach their study was done but the residents did not want to do the project because the proposed dunes were going to block their view of the ocean. Following Sandy there was nothing people in Long Beach wanted more than giant sand dunes protecting them from future flooding. By having a completed study, Long Beach was able to move forward quickly with its project. During the meeting I mentioned that Bayville did a similar thing. I want to make this correction. Correction: Months back the mayor of the Village of Bayville, indicated that they were completing their study; several days ago NYSDEC informed me that they made a decision not to complete the study. Per the NYSDEC this was not recommended.
Timeline:
Nine to Twelve Months from now (August 2017) the Village Board will make a decision to either sign the Project Partnership Agreement to design and build the beach project or walk away from the agreement. The board’s decision will be based on the residents and property owners input. Public hearings will be scheduled; surveys will be distributed asking for input from all property owners. The Board understands that there is much opposition to this project based on public access, required easements, liability, security and uncertainties in cost both for the initial placement of sand as well as replenishment. But also we would be irresponsible if we did not point out that we are a seaside community that has one-time permission from the NYSDEC to dredge LI Sound as well as federal and state funding to cover 89.5% of the project. This should not be discounted too quickly. The Village just dodged a bullet with Hurricane Hermine. Your property values will certainly change for the worse if a severe storm damages the village. This is a given. What may happen to your property values if the ASDRP is constructed is far less objective.
As Mayor all I ask is that you make your decision on the facts, not on rumor or hear say, keep an open mind until all of the facts are known. I assure you that you will be kept informed every step of the way. I would just like to close by repeating what I said earlier, the ultimate decision to move forward with the construction of the beach project will be made by the residents via their input to the Board of Trustees.
Trustees:
Deputy Mayor Pierce reported that she believes finishing the Feasibility Study keeps our options open and one of our long term goals should be to have the long term interest in our sights. There is no downside to finishing the Feasibility Study. We are a coastal community many of you have read or seen the article in the New York Times; it gives a preview as to what is going on along the Atlantic Coast. The article referred to “Sunny Day Flooding”, flooding on a sunny day when a high tide exists with just a brisk wind. She noted that she strongly recommends completing the Feasibility Study. She reported that she reviewed the minutes, vouchers for the month and information on the docks. She also reviewed the memorandum from the Planning Board and joined a teleconference with Mayor Letica and the DEC and reviewed the letter to Senator Schumer. She noted that she met with a resident on funding questions and met with a contractor on the concrete groins on the eastern side of the beach. She reviewed information on the Coastal Clean-up held on the September 24th.
Trustee Ettinger reported on his involvement with the threat of Hermine. He participated in daily conference calls with County officials and worked with Mayor Letica and Officer-in-Charge Mahdesian in planning for the necessary support from various agencies. He noted that he spent time on police matters. On August 24th he met with a resident regarding funding questions. On August 31st he and Mayor Letica and Officer-in-Charge Mahdesian interviewed a potential part-time police officer. He noted that he reviewed the minutes, vouchers for the month, FOIL submitted for the month and correspondence.
Trustee Jablonski reported that he reviewed the minutes, vouchers, letters and correspondence.
Village Attorney: Bruce Migatz reported that the Zoning Board of Appeals did not meet in August; he noted that a meeting is scheduled for September 19th. As of now one application has been placed on the calendar, 168 Asharoken Avenue for a front yard setback for a shed. The Planning Board did not meet in August, VHB engineering is conducting its SEQRA review of the Duck Island Corp sub-division application and once the review is complete they will make a recommendation to the Planning Board the public hearing will be reconvened. The ERB did not meet in August on two pending dock applications. The board is waiting for further submissions by the applicants and by the people opposed to the application.
Treasurer: Emily Hayes reported that the vouchers for the month of August totaled $53,392.57. Included in the August vouchers are bills for a total of $25,864.76 for lights and equipment for the two new police cars. There will be a separate resolution to approve the vouchers.
Officer-In- Charge: Officer-In-Charge Ray Mahdesian reported that the department had a good month, crime free month, 33 summonses and 1 arrest this month.
Superintendent of Buildings: Doug Adil reported that ten inspections were performed this month. He reviewed a building permit package for the homeowner’s improvements to its driveway. He met with a homeowner to discuss site drainage work for a paved driveway. He responded to a possible floodlight violation. He discussed zoning requirements for a tennis court and building requirements for adding bedrooms to an existing home.
Sanitation: Barry Bradley reported that Big Blue is running well, trash total was 29.47 tons, single stream 9.60 tons, yard waste is 1.25 tons for a total of 42.32 tons and a monthly cost of $2,425.35.
Mayor Letica pointed out the importance of Single Stream recycling for our village. Every Wednesday residents can place all acceptable recyclables in one container. By recycling it reduces our trash pickup and sanitation costs.
Conservation Board: Marty Cohen noted that the board received one request for a tree removal.
Harbormaster: Joe Affrunti reported that he pulled the police boat out of the water in anticipation of the storm and will be put back in by the end of the week.
Resolutions:
Resolution (2016-119) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of August 2016 in the amount of $53,392.57.
Motion was made by Deputy Mayor Pierce to approve, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2016-120) Be It Resolved, that the Village Board does hereby approve the transfer from the Police reserve account #5059 for $8313.82 to the Money Market Account #5018.
Motion was made by Deputy Mayor Pierce to approve, seconded by Mayor Letica.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2016-121) Be It Resolved, that the Village Board does hereby approve the adjustment to the fiscal year 5/31/2017 budget to increase the Start Income (A1000.000) for $19,125.36 (police car equipment)and increase the Police Equipment Expense account (A3120.200) for $19,125.36.
Motion was made by Mayor Letica to approve, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2016-122) Be it Resolved, that the Mayor does hereby appoint Frank Joseph Tricamo as a Part-Time/Seasonal Police Officer for the Village of Asharoken, subject to his availability, subject to Board approval.
Motion was made by Deputy Mayor Pierce to approve, seconded by Mayor Letica.
Trustee Jablonski 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, thirteen questions or comments were presented.
1. Question was asked on outlining the mechanism on how the public input will be collected for the board to make a decision. Mayor Letica noted that we will have a public hearing and the board will send out a survey.
2. Question on the obligation of the ACOE to maintain the seawall if and when a storm damages it. Deputy Mayor Pierce noted that the Village’s position is that the ACOE is obligated to maintain the seawall.
3. Comment was made on topics that should be discussed during the ACOE conference call such as the additional cost of sanitation facilities, use of the beach when a red tide exists, the responsibility of the costs of the crossovers at the access points. In addition he asked if a raised roadway is an option. Deputy Mayor Pierce reported that Asharoken is in a 100 year flood plain and a road that would be considered elevated would have to have been included in the Feasibility Study.
4. Comment was made on the ASDRP and the Feasibility Study and the fact that the project has nothing to do with the homes but Federal power.
5. Question was asked on the procedure used to gather input from the residents; he asked if only residents will be solicited. Mayor Letica pointed out that all property owners and residents will be solicited.
6. Comment was made thanking the board for its thankless job. She also asked about the survey and how they will be distributed. Mayor Letica pointed out through the postal mail system.
7. Comment was on the Feasibility Study, and has the board considered all the costs involved in the project, such as additional police protection, trash collection, etc. Mayor Letica pointed out that the Feasibility Study is for the ACOE to determine the project’s cost benefit factor. He discussed a bicycle path to be used as public access instead of the beach.
8. Comment was made on the responsibility of the ASDRP committee. He recommended that the board conduct a referendum of all sound side property owners and all beach lot owners since they are directly affected by the project.
9. Comment was made on giving the Board of Trustees credit for dealing with the NYSDEC. He discussing pumping sand seaward of the property line and place the dune in front of it and noted that the NYSDEC will not give out permits to protect your own property.
10. A comment was made about a quote in a Newsday article. She also noted that many residents have communicated their desire not to have public access.
11. A comment was made about the survey distributed for input on the ASDRP. Mayor Letica pointed out that we need suggested data from the residents and property owners. After the discussion with Colonel Caldwell, we may be in a different place or the same place. He expressed his concern about the future availability of the Feasibility Study. Deputy Mayor Pierce pointed out that you have to file and accept a public access plan to move forward with study.
12. A comment was made on a discussion that occurred 14 years ago with former Mayor Kelly on public access. During that discussion the former Mayor explained public access. He commented that nothing has changed today fourteen years ago former Mayor Kelly asked if he would give up his beach lot for public access. He noted that the Village has to purchase the property from the owners which could cause the village fighting with themselves in court.
13. Comment was made on the positioning of the resolutions. He also discussed the concrete groins and noted that Deputy Mayor Pierce has been working on gathering estimates to correct this project.
Mayor Letica pointed out that the structure of these meeting has been going on for 34 years. Mayor Letica thanked Mr. & Mrs. Quarles for the idea of emailing the agenda the day before the board meetings, which was never done in the past. Residents have an opportunity to reach out to the board with questions prior to the meeting.
Mayor Letica made a motion to close the public session, seconded by Trustee Ettinger.
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 Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
The September 6th, 2016 Regular board meeting of the Board of Trustees was adjourned at approximately 9:15pm.
Signed: _____________________________________________
Nancy Rittenhouse, Village Clerk