This site requires that JavaScript be enabled, but either your browser does not support JavaScript or it is disabled.
To access this site, please upgrade your browser, or turn on JavaScript.

[MESSAGE JSNF-285-09]

Incorporated Village of Asharoken

Board of Trustees

Held on Monday

November 3rd, 2008, at 7:30 P.M

At Village Hall

Approximate Attendance (40) 

Officers Present

Patricia Irving, Mayor

Avrum Golub, Trustee

Alexander Janow, Trustee

Peter Masterson, Trustee  

Village Officials Present

Nancy Rittenhouse—Village Clerk

Kenneth Savin—Village Attorney

Barry Bradley—Sanitation Operator

Ray Mahdesian—Police Officer in Charge

Andrew Mendelsohn—Planning Board Chairman

Douglas Adil— Building Inspector

Emily Hayes – Village Treasurer

Billy Beach—Highway Superintendent

William Raisch—Chairman of Emergency Planning Committee 

The Pledge of Allegiance was said. 

Mayor Irving called the Meeting to order. 

Trustee Masterson made a motion to approve 10/06/08 minutes; Seconded Trustee Janow. 

Trustee Golub   Abstained

Trustee Affrunti  Not Present

Trustee Janow   AYE

Trustee Masterson  AYE

Mayor Irving  AYE

Motioned Carried. 

Mayor’s Report:

Mayor Irving reported that the U.S. Army Corps of Engineers (USACE) willingness to enforce the special conditions of the original operating permit is a significant positive step in our efforts to get the sand on the beach.  National Grids response to the Army Corps letter is that they will cooperate, and they are seeking a face to face meeting between themselves and the Army Corps.  Mayor Irving noted that the effort to get sand on the beach involves working many options and it will result in a series of steps. Mayor Irving has continued to work with Congressman Steve Israel to keep the pressure on all involved parties and to outline the next steps. 

Oral arguments regarding the Lawsuit against LILCO/National Grid will be held Thursday, November 6th, 2008.  The scheduled time is 10:00am at the Appellate Courthouse in Brooklyn (45 Monroe Place), residents should know that it is open to the public.

Michael Marcus the lawyer for the Appeal along with Richard Dolan presented his arguments to the parties that are directly involved in the lawsuit. This was held at Village Hall on Thursday, October 30th, 2008.  Everyone believes that the attorney was well prepared for Thursday, November 6th, 2008 Appeal. 

Mayor Irving attended the SCVOA breakfast, Steve Levy informed the Village of Asharoken that $37,000 in police funding will be received. 

Wednesday October 29th, 2008 Village Attorney Kenneth Savin was given notice that a lawsuit was being filed by William Kelly, Dorothy Aiello and Eleanor Fauser related to health care coverage.

Mayor Irving read a prepared statement:

“Upon my taking office, we discovered enrollments in the New York State Health Insurance Plan that we thought were questionable.  There were individuals and families enrolled in the plan that did not meet the qualifications for such enrollment.  There were also individuals and families enrolled in the plan that were purportedly reimbursing the Village the cost of such enrollment.  Although reimbursements had been made, the cost to the Village exceeded those reimbursements by approximately $16,000 per year.  This Board has taken action to terminate those participants from the plan and end the unauthorized expenditure of tax dollars.

Some of those individuals have instituted a law suit against the Village in order to continue to receive those benefits.  Furthermore, these enrollments are being investigated by law enforcement agencies.  It is up to those agencies, not us, to determine the circumstances of these persons participation.

The Village had served upon it in October a Grand Jury Subpoena from the Suffolk County District Attorney’s Office.  The District Attorney’s Office has had, and will continue to receive the full cooperation of my administration.

In light of the litigation now pending against the Village and the investigation being conducted by the District Attorney, I have no further comment on this matter”. 

The 2008 Justice Court Assistance Program materials were reviewed to complete an application for our Court. The Village Board had on the agenda to discuss a resolution to apply for $30,000 for assistance for new furnishings. 

Mayor Irving noted that continued improvements to the infrastructure (roads, utilities) and the way the Village operates each day.  The Village of Asharoken continues to get good cooperation from the agencies that are required to provide support. 

Treasurers Report:

Vouchers for the month of October 2008:  Requesting approval for vouchers in the amount of $46,419.87 and related budget transfers. 

NIMS Grant: Due to the efforts of officer in charge Ray Mahdesian the village received a grant to reimburse personnel costs for officers, who attended NIMS Training, the amount was for $1065.64. 

Motion was made by Mayor Irving to approve the Treasurers Report and October 2008 vouchers of $46,419.87, second by Trustee Masterson. 

Trustee Golub   AYE

Trustee Affrunti  Not Present

Trustee Janow   AYE

Trustee Masterson  AYE

Mayor Irving  AYE

Motion Carried. 

Village Attorney’s Report:  

Village Attorney Kenneth Savin reported that he spoke with Building Inspector Douglas Adil on several issues regarding Village Code and building permit applications.  Village Attorney Savin discussed with a resident who was obstructing the fog line, the resident advised the Village Attorney on Friday that he will correct the situation. Village Attorney Savin attended several sessions of the Village court this past month and there were no pleas involving any village ordinance and therefore no revenue to the Village.

The Snow and Ice Contract with the Town of Huntington, has been fully signed and is filed with the Village Clerk.

The Verizon Contract is still being negotiated, Village Attorney Savin returned a marked up copy with changes back to Verizon’s attorney for review.

Village Attorney Savin advised the board about a small claims review hearing, the property was assessed at 1.8 million the property owner wanted it assessed at 1.285 million the hearing officer ended up assessing it at 1.6 million, the result was a reduction of approximately $700 in taxes per year for 2007 and 2008.

Conversations took place with Michael Marcus the attorney handling the LILCO appeal and I attended the briefing meeting on Thursday, October 30th, 2008.

Several communications took place with Congressman Israel’s staff regarding dealings with the Army Corp and National Grid.

Village Attorney Savin reported on the suit initiated by William Kelly, Dorothy Aiello and Eleanor Fauser regarding the termination of Health benefits. 

Police Report:

Police Officer in Charge Raymond Mahdesian reported a good month. No problems.

(See Attached Police Report) 

Building Inspector Report:

Douglas Adil discussed several projects and the phases that they are in, project planning, building permit applications, inspections performed and completed projects. Doug also discussed producing a sheet that is a larger version of the Fog Line requirements for the residents.  Doug also discussed FEMA’s new Flood Map and Doug attended the Flood Map Study Meeting.  Community meetings have been scheduled and the dates are available to all residents.

(See attached Building Inspector’s Report) 

Emergency Planning Committee:

William Raisch reported that he is in the process of creating the Core Planning Group.  The Core Planning Group will include approximately a dozen people.  It will include Fire Department’s (Eaton’s Neck and Northport), Police Commissioner, and expertise former fire Department personnel, public works and Highway Department.  William Raisch reported that our next item is to identify what our primary risks are, we will prioritize them based on their impact.

The next step is to prepare for impacts; many of the impacts are common and require similar and common Reponses. We are building on the Town of Huntington’s risks and responses and also working through the Suffolk County Emergency office and the State of NY Emergency Offices (SEMO). Working with adjacent jurisdictions and relating to common risks and sharing common responses.  The next meeting is this Friday, November 7th 2008 held at Village Hall. The Coast Guard offered their faculties to have the next meeting as well. 

Village Planning Board:

Chairman Andrew Mendelsohn reported the planning board members attended the Suffolk County Planning Conference.  Andy asked about when the walk thru will take place, Mayor Irving responded that the Morgan Estate Walk-thru will take place in the spring. Andy also asked the Mayor about a scheduled private meeting with the attorneys for the Morgan Estate and the Mayor responded that she has no idea what he was talking about. 

Sanitation Report:

Sanitation reported by Barry Bradley for the month of October 2008.

Refuse amount 29.97 tons; Recyclables 2.41 tons; Newspaper and Cardboard 4.39 tons (No Charge, no revenue).

Barry Bradley noted that the Truck was running well.

Sanitation truck needs new tires before the truck goes into service.

The demand for newspaper and cardboard is low this month; therefore we are not being paid for our recycled paper.  We still are not being charged for it either.

(See attached Sanitation report) 

Superintendent of Highway:

Billy Beach reported that some of the sections of the fog lines were repaired by the Vendor (Fence Man). John Elefante, deputy Superintendent of Highway, coordinated this effort for the Village. 

Zoning Board of Appeals:

Village Clerk Nancy Rittenhouse reported that the next Zoning Board of Appeals hearing will take place on November 17th, 2008 at 7:30PM.  Two Accessory Permit Renewals will be discussed as well as a Variance for a rear yard setback. 

Trustee’s Report:

Trustee Janow reported on the Suffolk County Village Breakfast and expressed his concern about not attending the breakfast.  Trustee Janow also indicated that he would like to be informed of any issues that fall under the committees that he is responsible for.

Trustee Golub reported that at an informal get-together at Douglas Whitcomb’s home, some concerned residents parleyed about approaching the Board of Trustees regarding establishing a new committee to examine the Restoration and Revitalization of Duck Island Harbor. 

Trustee Golub reported on the Asharoken Avenue Storm water Catch Basin Contract (C303220) with NYSDEC.  He and Douglas Adil reviewed Schedule A and B of the contract.  Trustee Golub recommended that the entire contract should be reviewed by the Village Attorney.  Trustee Golub noted that the funding from NYSDEC is for three years with possible extensions. 

Trustee Golub reported that twenty individuals came to donate blood at the Fourth Annual Columbus Day Blood Drive.  Nineteen blood donors were accepted under federal and NY State regulations by the New York Blood Center. Dr. Golub, a specialist in blood transfusion, thank the blood donors. 

Trustee Golub noted that the NYSDEC issued an internet announcement seeking applications for Water Quality Improvement Projects (WQIP) grants that involve the New York City (NYC) Watershed, Asharoken is not located in the NYC Watershed.  Trustee Golub will explore NYSDEC’s pattern for announcing when further WQIP grants will be available. 

Mayor Irving reported that Senator Marcellino suggested that we get engineer expertise for the drainage issue and she has sought funding for same from Assemblyman Raia.

Trustee Masterson reported that he attend the Suffolk County Village Officials Meeting and helped Trustee Golub and Mayor Irving organize and run the Blood Drive.   Trustee Masterson also attended and participated in the Village Hall Expansion Building meeting.  

Resolution (2008-32) To approve justice court assistance program.  Be It Resolved the Village Clerk and/or Court Clerk is authorized to submit an application to the justice court assistance program for funding of courtroom refurbishment and furniture not to exceed $30,000. 

Mayor Irving made a motion to approve, seconded by Trustee Golub. 

Trustee Golub   AYE

Trustee Affrunti  Not Present

Trustee Janow   AYE

Trustee Masterson  AYE

Mayor Irving  AYE

Motion Carried. 

Correspondence:

This administration will not report on correspondence that does not require action; a package was received by Andy Mendelsohn regarding Sand on the Beach and is available in the Clerk’s office. 

Public Session:

Students from Northport High School discussed the ALS Fundraiser and the importance of the event.

Martin Cohen asked about the LILCO Lawsuit and which attorney is standing in for the Appeal, Mayor Irving replied that Michael Marcus is standing and Richard Dolan is second seat.

Martin Cohen asked about the Health Care Plan, Village Attorney Savin responded by explaining the expense to the Village for Health Care.

Greg Letica expressed his concern about the LILCO Lawsuit and about home values in the Village of Asharoken. Mayor Irving responded about the Army Corp meeting and noted that she took this project to the next level and it is her highest priority.  Mayor Irving is opening new doors. Trustee Janow noted that both Mayor Irving and Greg Letica are on the same page, Trustee Janow thanked Greg Letica and Mayor Irving for being on top of the situation.

Resident at 131 Asharoken Avenue requested the status of the Verizon Contract, Village Attorney Savin responded that all four Villages in the Town of Huntington have different Verizon Contracts.

Resident John Irving commented that he applauded the way the administration is exploring all options and it’s important to keep Steve Israel involved.

Resident John Ross commented that it’s a different attitude and the direction of the Board is positive, the momentum is going in a different direction and handled differently and he applauded the Board for that.

A resident from Lloyd Harbor communicated to the Board about the Village of Asharoken being an open government. He expressed how different the Village of Asharoken conducts their meetings compared to the Village of Lloyd Harbor. 

Resident Anna Pollaci asked information regarding the Duck Island Harbor Revitalization meeting. 

Mayor Irving made a motion to adjourn the meeting, seconded by Trustee Masterson. 

Trustee Golub   AYE

Trustee Affrunti  Not Present

Trustee Janow   AYE

Trustee Masterson  AYE

Mayor Irving  AYE

Motion Carried.