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Incorporated Village of Asharoken
Board of Trustees
Held on Monday
May 4, 2009, at 7:30 P.M
At Village Hall
Approximate Attendance
(36)
Officers Present
Patricia Irving, Mayor
Joseph Affrunti, Trustee
Avrum Golub, Trustee
Alexander Janow, Trustee
Peter Masterson, Deputy Mayor
Village Officials Present
Nancy Rittenhouse—Village Clerk
Kenneth Savin—Village Attorney
Emily Hayes—Village Treasurer
Barry Bradley—Sanitation Operator
Ray Mahdesian—Police Officer in Charge
Andy Mendelsohn- Planning Board Chairman
Doug Adil – Building Inspector
Heidi Hayden-Highway Superintendent
The Pledge of Allegiance
was said.
Mayor Irving called the Meeting to order.
Proof of Publication, Village Clerk,
Nancy Rittenhouse read the Public Hearing Notice.
Mayor Irving opened the Public Hearing for the Verizon Contract; Mayor Irving asked if anyone would like to speak in favor of the Verizon Contract.
Susan Hayes director of Government
affairs and Pamela Goldstein Verizon’s outside council with McGuire
Woods spoke to the entire board and residents about the benefits of
the Verizon application to the Village for a cablevision franchise.
They pointed out many benefits to the cablevision franchise, such as
competing cable services, price stabilization, approving customer service,
etc.
Mayor Irving asked if anyone would
like to speak in opposition. James Gaughran an attorney for Cablevision
thanked the Board for giving him the opportunity to speak at the meeting.
Mr. Gaughran noted that Village Attorney Ken Savin had done a great
job in negotiating the Verizon contract; he also mentioned that Cablevision
welcomes the competition and we understand that you have an obligation
to your residents to provide a competitive market. Mr. Gaughran mentioned
that in the next four years he hopes the Asharoken Village follows the
same level playing field when Cablevision approaches renegotiations.
Two letters were entered into the record by Mayor Irving. The first letter was from resident Dr. Gary Trager at 131 Asharoken Avenue in favor of the Verizon Contract. The second letter was from Andres F. Irlando, president of the Verizon New York Region.
Property owner Debbie Masterson spoke in favor of the Verizon Contract.
Mayor Irving made a motion to close
the public hearing, seconded by Trustee Janow.
Vote on motion to close as follows:
Trustee Golub AYE
Trustee Affrunti AYE
Trustee Janow AYE
Trustee Masterson AYE
Mayor Irving AYE
Motioned Carried.
Mayor Irving moved the following resolution
(2009-31) To authorize the Mayor to sign the Verizon Contract.
Trustee Masterson then moved to waive
the reading of the following resolution (2009-31), seconded by Trustee
Affrunti.
Resolution of the Village Board of
the Village of Asharoken awarding a cable television franchise to Verizon
New York Inc. To provide cable service to the Village of Asharoken and
approving a cable franchise agreement with Verizon New York Inc.
Resolution (2009-31)
RESOLUTION OF THE VILLAGE BOARD OF THE VILLAGE OF ASHAROKEN AWARDING A CABLE TELEVISION FRANCHISE TO VERIZON NEW YORK INC. TO PROVIDE CABLE SERVICE TO THE VILLAGE OF ASHAROKEN AND APPROVING A CABLE FRANCHISE AGREEMENT WITH VERIZON NEW YORK INC.
WHEREAS, the Village of Asharoken (the “Village”) is a franchising authority in accordance with Title VI of the Communications Act of 1934 (the “Communications Act”), and is authorized to grant cable television franchises pursuant to Article 11 of the New York State Public Service Law and Title 16, Chapter VIII, of the Official Compilation of Codes, Rules and Regulations of the State of New York (the “Cable Laws”);
WHEREAS, VERIZON NEW YORK INC. (“Verizon”) is upgrading its existing telecommunications and information services network pursuant to authority under Section 27 of the New York Transportation Corporations Law and Title II of the Communications Act, and Verizon desires to use its network to provide cable service in the Village;
WHEREAS, Verizon submitted a written application for a cable television franchise to the Village on April 14, 2009 (the “Verizon Application”), which the Village has reviewed;
WHEREAS, due negotiations between the Village and Verizon have resulted in a proposed “Cable Franchise Agreement between the Village of Asharoken and Verizon New York Inc.,” which proposed agreement was filed with the Village on April 14, 2009 (“Verizon Franchise Agreement”); and
WHEREAS, on May 4, 2009 at a regularly scheduled Village Board meeting, a public hearing was held on the proposed Verizon Franchise Agreement at which members of the Board of Trustees, Verizon and the public were given notice and opportunity to comment;
NOW, THEREFORE, BE IT RESOLVED, that the Village Board finds that it approves the character of Verizon; and be it
FURTHER RESOLVED, that the Village Board finds that Verizon is legally, technically, and financially and otherwise qualified to meet the cable-related needs and interests of the Village and will meet all statutory and regulatory non-discrimination requirements; and be it
FURTHER RESOLVED, that the Village Board finds that although the terms of the proposed Verizon Franchise Agreement are not identical to those of the franchise agreement with the incumbent operator, the terms of both agreements contain no economic or regulatory burdens which when taken as a whole are greater or lesser than those burdens placed upon one another; and be it
FURTHER RESOLVED, that the Village Board authorizes the award of a non-exclusive franchise to Verizon to own, construct, operate and maintain a cable system along the public rights-of-way within the Village in order to provide cable service, which authorization is made in accordance with the applicable provisions of Title VI of the Communications Act and the Cable Laws; and be it
FURTHER RESOLVED, that the Village Board authorizes the Mayor of the Village to enter into a franchise agreement with VERIZON NEW YORK INC., in a form approved by the Village Attorney, and to execute any other documents necessary to effectuate the granting of the franchise on behalf of the Village of Asharoken.
Mayor Irving called for a vote to waive
the reading of the resolution (2009-31).
Trustee Golub AYE
Trustee Affrunti AYE
Trustee Janow AYE
Trustee Masterson AYE
Mayor Irving AYE
Motioned Carried.
Mayor Irving then called for a roll
call vote on the resolution (2009-31)
Trustee Janow AYE
Trustee Affrunti AYE
Trustee Golub AYE
Mayor Irving AYE
Trustee Masterson AYE
The Board then considered approval
of the Regular Board Meeting minutes for 4/6/09, Trustee Affrunti made
a motion to approve, seconded by Trustee Golub.
Trustee Golub AYE
Trustee Affrunti AYE
Trustee Janow AYE
Trustee Masterson AYE
Mayor Irving AYE
Motioned Carried.
Mayors Report:
Mayor Irving reported on arrangements
with the USACOE for them to present to the residents of Asharoken Village
and surrounding areas issues involving “Sand on the Beach” project.
On April 23rd, 2009 Mayor
Irving hosted the USACOE presentation held at the Northport Middle School
in Northport. The Informational meeting was well attended, approximately
100 property owners from Asharoken Village, Eaton’s Neck and Eaton’s
Harbor Corporation attended. The USACOE plans on providing an
internet link that will enable all interested parties to review the
presentations given at the April 23rd informational meeting.
The link can be accessed from the asharoken website, www.asharoken.com
. Hard copies are also available at Village Hall. Many thanks went out
to the representatives of the USACOE for providing such an informative
meeting.
Mayor Irving also noted that she received
two emails from Megan Jadrosich, Project Manager and George Nieves,
Operations Policy Team. Both emails mentioned how professional
the meeting was held and that the USACOE look forward to answering any
questions residents may have and in addition look forward to future
informational meetings with the Village of Asharoken.
Mayor Irving reported on several areas,
such as the proposed Verizon contract, municipal Insurance policy, reviewed
monthly vouchers and payroll. Participated in several discussions
for projects which include road repairs, landscaping estimates, planning
board members, zoning board members, computer issues, and inspections
of storm drains, local laws, cluster development and concerns regarding
the privacy of our beaches.
Mayor Irving reported on coordinating
with the Morgan Estate property manager a walk-through of the property.
The property manager has supplied the mayor with several dates, planning
the walk thru is being worked on.
Regarding the fireworks, the permit
process continues, thanks to Martin and Patricia Hakker. The DEC
and U.S. Fish and Wildlife personnel have been visiting the beaches
and monitoring them for any signs of Piping Plover nests. Thanks
to all the residents who have been cooperating with the DEC.
The celebration of the 4th of July is just around the corner; Mayor Irving emphasized the importance to downsize our traditional celebratory bonfires. Safety always comes first.
Mayor Irving reported on attending the following:
April 3rd, 2009 participated in the Asharoken Emergency Management meeting.
April 23rd, 2009 attended the NYCOM training session on Government Finance.
April 25th, 2009 attended
the Northport Fire Department annual awards Ceremony and the 120th
installation of officers.
Mayor Irving also noted the upcoming events:
Northport Memorial parade
Huntington Memorial Day parade
Asharoken 4th of July Celebration, T-Shirts are on sale to help minimize the cost of the fireworks.
Pot Luck Dinner held July 25th at Village Hall.
Cow Harbor Day parade Sunday, September
27th, 2009
Treasurers Report:
Vouchers for the month of April 2009: Requested approval for vouchers in the amount of $97,276.01 and related budget transfers. We received a refund from NYS of $2843.39 for the fuel excise tax. We received $772.80 for court furnishings grant.
Tax bills will be sent out by the end
of the week.
Motion was made by Trustee Masterson
to approve the Treasurers Report and April 2009 vouchers of $97,276.01
and related budget transfers, seconded by Trustee Janow.
Trustee Golub AYE
Trustee Affrunti AYE
Trustee Janow AYE
Trustee Masterson AYE
Mayor Irving AYE
Motion Carried.
Village Attorney’s Report:
Village Attorney Ken Savin reported on the Verizon Contract noting that there were many conferences with Verizon’s attorneys.
He also attended the Sand on the Beach committee meeting in Steve Israel’s office with National Grid.
He reported on two tax assessment challenges. He also reported working with the Village Clerk and Chairman McLaughlin on a Zoning Board matter. He also reported that he had reviewed a stop work order that was issued this month and advised on a violation notice.
Ken Savin with Mayor Irving met with the insurance broker and reviewed our insurance coverage’s. He is still reviewing cost and coverage issues with the Police Boat insurance policy. He is still reviewing cost and coverage with the police boat coverage issues.
Ken Savin attended the Village Hall Expansion committee meeting.
Ken Savin reported on another lawsuit
that was brought against the Village by William Kelly and Dorothy Aiello.
This lawsuit was another article 78 proceeding which Kelly and Aiello
are requesting the Village to turn over the Grand Jury subpoena served
on the Village by the District Attorney’s office. Mayor Irving
denied the request due to the fact that it is not “FOIL”able”,
Kelly and Aiello decided not to accept the denial. It now is up to the
court.
Police Department:
Officer Ray Mahedesian, reported the new dispatch service with Northport is working well.
We completed the Marine Schedule with Trustee and Harbormaster Affrunti. Issued 36 water ski permits.
This past month we had a burglary;
this was a location specific incident due to specific circumstances.
Summonses were down for the month.
Sanitation Report:
Barry Bradley reported for the month of April 2009.
Refuse amount 25.61 tons; Recyclables
3.47 tons; Newspaper and Cardboard 3.73 tons (No Charge, no revenue).
The truck is running well; service of the truck went well. Barry
reported that we cannot pick up bags of grass and leaves.
Planning Board:
Andy Mendelsohn noted that a letter
was sent from the entire board, asking the Mayor to coordinate a meeting
on open space, cluster development and the Master plan. Andy requested
an informational meeting to inform the public about cluster development.
Andy Mendelsohn also discussed replacing a member on the planning board.
Building Inspector:
Doug Adil reported on the month of
April. During this month Doug followed up on three project planning
sites. Performed six inspections and attended a full day seminar
on structural wood framing at Building Officials Association of Suffolk
County as well as attending a full day seminar for Fire Marshal’s
Association with the State of NY.
Highway Department:
Heidi Hayden reported on street sweeping,
Town of Huntington performed the street sweeping. Town of Huntington
repaired one pothole and the Village of Northport repaired the potholes
in our Village. Landscaping proposals will be discussed.
Resident called in about his driveway and where it meets the road, Heidi
followed up with this resident and took care of the concern. Trustee
Janow asked about the Double yellow line being damaged, Heidi reported
that she is working on having Fenceman come back and redo those damaged
double yellow lines.
Trustees Report:
Trustee Janow suggested on having a
concert for the Village to raise funds for next year’s fireworks.
Trustee Janow and Heidi Hayden handled a roadway concern . Trustee Janow
followed up on two Tree Inspection requests.
Trustee Affrunti attended the USACOE
meeting at the Northport Middle School and attended the Village Hall
Expansion Committee meeting. The 5MPH marine signs and the Police
Boat will be placed in the water for the new season. Trustee Affrunti
is working on negations with a marine for a new floating dock behind
Village Hall. He is reviewing new locations for the Police Boat
this season.
Trustee Golub reported on the new reporting
format for the MS4 Storm water annual report. The new report is
different, the difference being that the new report is more quantitative
then qualitative. The reason for this change is to enable the
DEC to come in and Audit the report. The report is due June 1st.
Trustee Golub also noted that we have to provide a public informational
meeting for the residents. Trustee Golub reported on H1N1 also called
Swine Flu, noting the difference between Pandemic being more widespread
and epidemic is more localized.
Trustee Masterson noted that on April
1st, he attended a legal seminar on Police Liability On April
3rd he attended the Emergency Preparedness Planning committee
meeting and on April 14th with Mayor Irving and Village Attorney
Ken Savin he met with Congressman Steve Israel and members of National
Grid. He also met with USACOE and discussed beach erosion , on April
23rd Trustee Masterson took part in a seminar held by NYCOM
on Government administration and the evening of the 23rd
attended the USACOE informational meeting at the Northport Middle School.
Trustee Masterson attended several court sessions with Deputy Police
Commissioner Mel Ettinger.
Resolutions:
Board discussed landscaping services for Village properties and adopted the following resolution.
Resolution (2009-32)
Be it Resolved, that the Mayor is hereby authorized to sign the Landscaping Contract with Patrick Parker landscapers for the fiscal year 2009 at an annual cost of $4000.00
Mayor Irving made a motion to hire Patrick Parker, landscaper, seconded by Trustee Masterson.
Trustee Golub Abstained
Trustee Affrunti AYE
Trustee Janow Abstained
Trustee Masterson AYE
Mayor Irving AYE
Motion Carried.
Resolution (2009-33)
Be It Resolved, that Ms Laura Burke is hereby appointed as the chairman for the Election Inspectors for the June 16th, 2009 Election.
Trustee Masterson made the motion to approve, seconded by Trustee Masterson.
Trustee Golub AYE
Trustee Affrunti AYE
Trustee Janow AYE
Trustee Masterson AYE
Mayor Irving AYE
Motion Carried.
New Business:
Tony Wenderoth reported on the Catch Basin project which he has volunteered his time to research and monitor. Tony Wenderoth reported on most of the catch basins that are located in the Village of Asharoken. Village Clerk, Nancy Rittenhouse brought up the Asharoken Garden Club program organized by Joan Hauser. In addition the Asharoken 2009 T-Shirts Fundraiser is going on now to help support the Fireworks event.
Public Session:
Resident Tony Wenderoth noted the importance to address the Vista Laws. Trustee Affrunti asked for a list of all the pools in our Village of Asharoken, Tony Wenderoth noted that he will try to supply such a list. Tony Wenderoth also brought the point of dryer fires and that this is something to address in the future.
Resident Mr. Hoey asked about the dredging of Duck Island Harbor.
Resident Anna Pollaci asked a question
regarding the ongoing lawsuits.
Mayor Irving made a motion to adjourn,
seconded by Trustee Masterson.
Trustee Golub AYE
Trustee Affrunti AYE
Trustee Janow AYE
Trustee Masterson AYE
Mayor Irving AYE
Motion Carried.
The May 4, 2009 meeting of the Board of Trustees was recessed at approximately 9:15PM.
Signed: ______________________________
Nancy Rittenhouse, Village Clerk