Incorporated Village of Asharoken
Board of Trustees Regular Meeting/Public Hearings
Tuesday, May 2, 2017 7:30pm
At the Village Hall
Approximate Attendance (36)
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
Bill Raisch, Emergency Manager
The Pledge of Allegiance was said.
Trustee Ettinger made a motion to approve the regular board meeting minutes for April 4, 2017 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 reported, “On April 7th Deputy Mayor Pierce and I had a productive meeting with Congressman Tom Suozzi and Huntington Town Supervisor Frank Petrone to discuss the problems with the seawall area. The meeting has been continued to this Friday, May 5th and at that time we will be joined by the ACOE and NYSDEC. I attended the water quality meeting at the Northport Yacht Club on April 27th. I would like to thank Stephanie Quarles for her hard work to make this session such a success. Speakers discussed issues covering improved cesspools, Long Island Sound water quality assessment, Huntington’s town wide efforts to improve water quality and a presentation from the SCWA explaining how they get water from point A to point B and how they filter it. The efforts of Stephanie and the Women’s Committee at the Northport Yacht club are helping people better understand what they can do to improve the environment and learn about the efforts of other groups who have a similar passion.
This year’s NYS Budget requires each county to come up with a shared services agreement. Deputy Mayor Pierce and I will be attending meetings next week to become fully informed as to what will be required of the Village as the plan is formulated. Finally a sad note, Annette Carr passed away last week; she was a former Trustee of the Village a wonderful woman and cared about her community. I extend my condolences to the entire Carr Family on their loss.
Trustees:
Deputy Mayor Pierce reported that she attended the meeting with Congressman Suozzi and Supervisor Petrone. She attended on the Village’s behalf a meeting with State Senator Carl Marcellino who discussed the Shared Services program and other items. She noted that she attended the Northport Water Quality workshop. She reported that the stairs on the Sound side were repaired yesterday. These stairs were damaged during the LIPA sand placement. She reviewed the minutes, payment vouchers, two local laws, and the stormwater annual report. She noted that she met with Patrick Parker on the concrete bench.
Trustee Ettinger reported spending time with Officer Mahdesian reviewing various police matters during the month. On April 5th he attended the swearing in ceremony for part-time police officer Steven DeMarco. On April 12th he attended the semi-annual firearms certification. He reviewed the two local laws, stormwater annual report, correspondences, last month’s minutes, FOIL’s and payment vouchers.
Trustee Burke reported that she worked on the proposed changes for Chapter 122 Waterways of the Village Code and updated the water ski application. She reviewed the payment vouchers, last month’s minutes, the proposals for the concrete shoulder repair. She noted that she attended the Northport Water Quality meeting. She reviewed the responses to her email requesting feedback on building a kayak rack at Village Hall. She noted that she reviewed 48 positive responses and 4 opposed. She thanked Ed Carr with the Town of Huntington for his assistance on this project.
Trustee Jablonski reported that he reviewed last month’s minutes, payment vouchers, the two local laws, the stormwater annual report, and proposals for the concrete shoulder repair.
Mayor Letica confirmed with Village Clerk, that proper publication was made.
Village Attorney: Bruce Migatz reported that the Planning Board met on April 27th. He noted that at the prior meeting in March the hearing was closed and VHB Consultants worked on the Environmental EAF which they presented to the board on April 27th along with their recommendation of the Negative Declaration under SEQRA. The Planning Board then adopted the Negative Declaration which concludes the SEQRA process thereby permitting the Board to go forward to render a decision. The Planning Board voted to have the Village Attorney prepare a decision approving the sub-division with the appropriate conditions recommended by VHB Consultants and several that came up during the public hearings. That decision will be presented to the Board on May 16th through their actions. The Zoning Board did not meet in April a meeting is scheduled for May 23rd. The ERB did not meet they are still waiting for the report from GEI Consultants.
Officer-In-Charge: Officer-In-Charge Ray Mahdesian reported 42 summonses and 4 arrests. Officer in charge Mahdesian reported that the department assisted in Eaton’s Neck for a couple of accidents; one involving a truck with wires and down poles.
Sanitation Operator: Barry Bradley reported that Big Blue is running well. The truck had new tie rods ends, new rear brakes and new rear springs installed in order to pass inspection. The total trash tons was 25.53 single stream 8.04 tons for total tonnage for the month being 34.35 tons.
Village Treasurer: Emily Hayes Treasurer reported that the total vouchers for the month of April were $99,115.12. Included in the vouchers for the month is the annual insurance bill from Hartt Insurance of $44,442.35 and the annual workers comp insurance invoice of $24,448.08. There will be a separate resolution to approve the vouchers and budget transfers.
Emergency Manager: Bill Raisch reported that last week the weather channel noted that the hurricane season for this year is less active.
Superintendent of Buildings: Doug Adil reported that he responded to a complaint regarding accessory structures in use without a Special Use Permit. Reviewed plans provided by an architect representing a homeowner who wanted to legalize or remove existing structures installed with a permit. Re-reviewed plans for proposed alterations to an existing structure at a property. He noted that he reviewed updated survey for a new garage construction at 245 Asharoken Avenue. Sixteen inspections were performed.
Conservation Board Chairman: Marty Cohen noted that he had nothing to report this month.
Mayor Letica invited Linda Letica and Carole Casamassima to come up and give a presentation.
Mayor Letica noted that both Carole and Linda’s committee’s helped raise money to defray the fireworks cost. Linda Letica presented a check for a $1000 from AVT Shirts committee to help defray the costs for the barge and tugboat. Carole Casamassima presented a check for a $7500 from Save the Fireworks committee to help defray the costs for the barge and tugboat. She noted that year to date Save the Fireworks committee raised over $55,000 dollars.
Mayor Letica presented both Linda Letica and Carole Casamassima proclamations for all of their hard work on their committee’s to help support the Asharoken Fireworks event. Mayor Letica read both proclamations.
Mayor Letica opened up the first public hearing on local law #2-2017 amending Local Law Chapter 122 entitled “Waterways”.
Village Clerk, Nancy Rittenhouse read the public notice.
Trustee Burke noted that the intent of the code change is to help control excessive wake in the waters of Asharoken, especially in Duck Island Harbor and within 1500 feet of the Asharoken shoreline. She noted that by controlling wakes we can improve the safety of other boaters and personnel property on shorelines and control erosion. If this is approved then wakesurfer will be banned. She thanked Tom D ‘Antonia who brought this matter to her attention and thank the Greater Huntington Council of Yacht and Boating Club who supports legislation to support our local waterways. She thanked Town of Huntington Maritime Director Ed Carr.
Mayor Letica read into the record a letter received from the Greater Huntington Council of Yacht and Boating Clubs, from vice commodore Ian Milligan.
Six public comments were made on the proposed local law #2-2017;
1. Comment was made about not wanting to over regulate, but noted that our shoreline is being damaged by wakes; it’s difficult to kayak, sunfish or sit on your docks. The village has to do something more than just issue permits. I am impacted by the large wakes and my float is being destroyed by them.
2. Comment was made on the background of the wake devices. An entrepreneur invented a hydrologic system that is attached to the underside of a boat. The hydraulic system pushes this device into the water and throws a very large wake. The Town is looking into regulating this type of device and keeping it away from shore lines and inner harbors. This legislature prohibits this use in Duck Island Harbor and within 1500 feet of your shoreline.
3. Comment was made by thanking Trustee Burke, for extending this so it protects the entire village shore line. He noted that boats could still pull tubes and other devices departing from the shoreline and he asked if it can be considered to be changed.
4. Comment was made that boats that tow wakesurfers go slower which is an impediment to the wakeboarders and skiers. He discussed the Towns noise ordinance for boats.
5. Comment was made to reconsider the restriction within the 1500 feet of the shoreline of Asharoken beach outside of Duck Island Harbor.
6. Comment was made that he agrees that the wakesurfing is an issue within Duck Island Harbor and that the proposed law is effective in addressing that issue. He also indicated that he agreed with the prior speaker that the regulation eliminating wakesurfing within the 1500 feet of the shoreline of Asharoken beach is not necessary.
Mayor Letica made a motion to close the public hearing, seconded by Trustee Ettinger.
Trustee Ettinger AYE
Trustee Burke AYE
Trustee Jablonski AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Mayor Letica opened up the second public hearing on local law #3-2017 amending Local Law Chapter 112 entitled “Trees”.
Village Clerk, Nancy Rittenhouse read the public notice.
Mayor Letica noted that we have been issuing tree permits different from our local law and that the purpose of this law is to codify the method that has been used for approximately ten years. Give the Conservation Board the power to issue tree removal permits without approval from the Board of Trustees.
No comments were made during the public hearing.
Mayor Letica made a motion to close the public hearing, seconded by Trustee Ettinger.
Trustee Ettinger AYE
Trustee Burke AYE
Trustee Jablonski AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Mayor Letica opened up the third public hearing on the annual MS4 stormwater report.
Village Clerk, Nancy Rittenhouse read the public notice.
Mayor Letica reported that, every year the Village must file an annual Stormwater report called an MS4, the annual reports’ year end is March 9th. MS4 is a (small municipal stormwater sewer system). The MS4’s are regulated under EPA’s Phase II stormwater rule, along with the NYSDEC. The MS4 program is to develop a stormwater management program that will help reduce the amount of pollutants carried by stormwater run-off into our water bodies (our bay, sound and wetlands). The program has six elements call minimum control measurements.
· Public Education/outreach
· Public Participation/involvement
· Illicit Discharge Detection and Elimination
· Construction Site Runoff control
· Post construction Run-off control
· Pollution Prevention/Good Housekeeping
When implementing these measurements together they are expected to result in lower or reduced pollutants into our waterways. The ultimate goal is to improve water quality and recreational use of our waterways. The public hearing and approval to sign the MS4 annual report is required and must be filed by June 1st to the NYSDEC office, Division of Water. A couple of things the Village has made progress on to satisfy the control measurements;
· May of 2016 the Village passed a local law implementing Dog Waste Management
· Trash Management Local Laws help minimize pollutants.
· Our Village has partnered with Town of Smithtown to simplify recycling by commingling recyclables which falls under the education and outreach measurement.
· Coastal Clean-up for our local beaches program organized by Cathy Zimmermann and Deb Masterson educate and provide public involvement and outreach.
· April 2016 the Village ran an Arbor Day event organized by Marty Cohen, educating the residents on native plantings.
· In April 2016 our Catch Basins were cleaned out and are cleaned on an annual basis.
· Our Building Department educates contractors and residents on minimizing run-off on job sites.
No comments were made during the public hearing.
Mayor Letica made a motion to close the public hearing, seconded by Trustee Ettinger.
Trustee Ettinger AYE
Trustee Burke AYE
Trustee Jablonski AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolutions:
Resolution (2017-40) Be It Resolved, that the Village Board approves the budget transfers for the month of April 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 (2017-41) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of April 2017 in the amount of $99,115.12.
Deputy Mayor Pierce 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 (2017-42) Be It Resolved that the Village Board does hereby appoint the following election inspectors, Denise DeAcetis as Chairperson, Marian Milliken, and Hillary Candelora and Mary Brabender for the June 20, 2017 Village Election.
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 (2017-43) Be It Resolved, that the Village Board does hereby approve a tent permit for the Merri Ferrell located at 202 Lighthouse Road for the time period of June 25, 2017 thru June 28, 2017.
Trustee Jablonski 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 (2017-44) Be It Resolved that the Village Board does hereby approve local law #2-2017 a local law amending Chapter 122 of the code of the Village of Asharoken entitled “Waterways” to provide for the regulation of vessels towing a person on waterski(s), wakeboard, surfboard, tube or other device in the waters within and bounding the Village of Asharoken is necessary to protect the public health, safety and general welfare of the Village of Asharoken, effective once filed with the Secretary of State.
Mayor Letica made a motion to approve, seconded by Trustee Burke.
Trustee Burke noted that we should consider compromising the limitation of wakesurfing within the village’s 1500 feet jurisdictional line. Mayor Letica noted that it will be difficult to enforce it.
Roll Call:
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Resolution (2017-45) Be It Resolved that the Village Board does hereby approve local law #3-2017 a local law amending Chapter 112 of the code of the Village of Asharoken entitled “Trees” to expedite the issuance of tree removal permits for individual undeveloped and developed parcels of property, when such permits are being issued in the absence of any construction activity at the site, effective once filed with the Secretary of State.
Deputy Mayor Pierce made a motion to approve, seconded by Mayor Letica.
Roll Call:
Trustee Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Resolution (2017-46) Be It Resolved that the Village Board does hereby authorize the mayor to sign the MS4 Annual Stormwater report for the period ending on March 9, 2017, subject to Board’s approval.
Trustee Ettinger 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 (2017-47) Be It Resolved that the Village Board does hereby accept the donation from “Save the Fireworks” committee in the amount of $7,500 to put towards the cost of the barge and tugboat for the 2017 Fireworks Event.
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 (2017-48) Be It Resolved, that the Village Board does hereby accept the donation from “AVT Shirts” committee in the amount of $1000.00 to put towards the cost of the barge and tugboat for the 2017 Fireworks Event.
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 (2017-49) Be It Resolved that the Village Board does hereby approve the adjustment to the fiscal year 5/31/17 budget to increase the Other Government Aid account (A3089.000) for $2360.00 and increase the Police Equipment expenditure account (A3120.200) for $2360.00 for receiving the Spota District Attorney Grant Award.
Trustee Ettinger made a motion to approve, seconded by Trustee Burke.
Trustee Ettinger AYE
Trustee Burke AYE
Trustee Jablonski AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2017-50) Be it Resolved that, whereas the Village received a franchise renewal notice from Verizon New York, Inc. pursuant to Section 626 of the Federal Communications Act, the Village Board does hereby approve the scheduling of a public hearing on July 11th, 2017 to review Verizon New York, Inc.’s performance under their existing cable television franchise and to identify the cable-related needs and interests of the Village.
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.
Mayor Letica opened up the meeting for public session.
During public session, one comment was presented.
1. A comment was made on the kayak proposal. He noted that the town has kayak spots at seven beaches within the Town of Huntington. He noted that on a typical weekend, 7-8 people come and use their kayaks, a small number of users. He noted that stickers are used to be placed on the kayaks to be traced to its owner.
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 May 2nd, 2017 Regular board meeting of the Board of Trustees was adjourned at approximately 8:35pm.
Signed: _____________________________________________
Nancy Rittenhouse, Village Clerk