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]

APPROVED Minutes of the September 4th, 2012 Meeting of the Asharoken Board of Trustees

 Incorporated Village of Asharoken

Board of Trustees Regular Meeting

Held on Tuesday

September 4th, 2012 7:30 P.M

At Village Hall

Approximate Attendance (28)

 

 

Officers Present:

Greg Letica, Mayor

Pam Pierce, Deputy Mayor

Joseph Catanzano, Trustee

Melvin Ettinger, Trustee

Laura Burke, Trustee

 

Officials & Appointees Present:

Nancy Rittenhouse, Village Clerk

Emily Hayes, Village Treasurer

Bruce Migatz, Village Attorney

Ray Mahdesian, Officer- in- Charge

Doug Adil, Superintendent of Buildings

Tony Wenderoth, Superintendent of Highway

Avrum Golub, Superintendent of Stormwater

Marty Cohen, Conservation of the Environment

John Ross, Village Hall Expansion Committee Chair

Bill Raisch, Emergency Manager

Barry Bradley, Sanitation Operator

 

The Pledge of Allegiance was said.

Mayor Letica asked if the publication was approved, Village Clerk indicated that it was approved.

Mayor Letica reported that due to Joseph Tilleli’s increased business responsibilities he felt that it was necessary to resign from his position as Deputy Mayor. 

Trustee Mel Ettinger read Deputy Mayor Joseph Tilleli’s resignation letter.

Mayor Letica appointed Laura Burke to replace Joseph Tilleli.  He noted that she has served as a village trustee in the past.  Her father was a police commissioner and her mother was a member of the Zoning Board of Appeals and served as a village trustee for several years as well.  He also noted that he appointed Pam Pierce as Deputy Mayor.  Mayor Letica did disclose that Trustee Burke is Village Clerk Nancy Rittenhouse’s sister-in-law.  He noted that he discussed with Trustee Burke that she will need to recuse herself from any discussions or votes on personnel issues relating to the Village Clerk’s position.

 

A presentation was made by a representative from the Long Island Blood Service to discuss the importance of giving blood.  He noted that the Asharoken Blood Drive will be held on Monday, September 24th, 2012.

Joan Hauser discussed the Asharoken Newsletter and noted that the newsletter will be coming out the first week of October.  Trustee Catanzano asked if the newsletter was going to include village business, Joan Hauser noted that it was. Trustee Catanzano asked if a dollar amount was budgeted for the newsletter, Mayor Letica noted that the village had budgeted approximately $1,500.00 for the newsletter.

 

Mayor Letica made a motion to approve the minutes as submitted, Trustee Ettinger seconded the motion.

 

Trustee Catanzano                                         NAY

Trustee Ettinger                                              AYE

Trustee Burke                                                  Abstain

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor’s Report:

 

Mayor Letica reported that the Suffolk County Legislature unanimously approved the inclusion of Sandpiper Farm in the Agricultural District and it has been sent to Albany for final approval. Prior to that vote the village reached an understanding with our neighbor, Sandpiper Farm, to meet and discuss in good faith appropriate zoning for the property and discuss PILOTS (Payments in Lieu of Taxes) should we lose tax revenues, due to reduction in the assessment.

 

Mayor Letica noted that he had several discussions with Bryan Monaghan, Town of Huntington Assessor. On August 15th   he and Trustee Pierce met with Mr. Monaghan. The Town of Huntington hired an expert, Mark Twentyman, to aid with the assessment of Sandpiper Farm.  He also spoke to Bob Somers in Albany about various issues that will influence the assessment on Agricultural properties.

 

Mayor Letica noted that on August 23rd he received a phone call from Jon Santemma, attorney for Sandpiper Farm. He noted that Laurie Landeau is working on a written proposal explaining her desired use of the property which the board should receive within a few months.  Mayor Letica noted that during his conversation with Mr. Santemma, Mr. Santemma indicated that Eaton’s Neck LLC never grieved Asharoken village taxes.  Mr. Santemma also noted that “we do not want to do anything to hurt the village. “  Mr. Santemma noted that he will contact the village when they are ready to talk.

 

Mayor Letica explained how this may affect the residents financially.  He explained the worst case scenario where the assessment is lowered the most and the village will receive the least amount of PILOT’s from Sandpiper Farm. This could result in an average approximate tax dollar increase of $500 per homeowner.  He noted that based on the prior board meeting the feedback from the residents was to ensure that the property continue to be preserved and to avoid an increase in traffic into the village. 

 

Mayor Letica reported that it is important to keep in mind the village will need to continue to budget for unused police sick leave costs, feasibility study costs and anticipated increases in police & state retirement costs.  He noted next year we could potentially have a substantial tax increase.  He noted that the board will make every effort to minimize this possible increase in the next budget cycle, but he noted that he would rather communicate this now to the residents than in March of next year.

 

Mayor Letica noted that on August 10th, he attended along with Trustee Pierce, Deputy Mayor Tilleli an Emergency Management Planning Meeting organized by Bill Raisch.  He noted that this was a terrific event to discuss the steps that should be taken in case of a Hurricane or flooding situation.  In addition he noted that it allowed all officials from the township, coast guard, local fire departments and LIPA to meet and work better together, in a time of crisis.  He thanked Bill Raisch for all his time on the meeting.

 

Mayor Letica attended the village hall restoration meeting on August 17th.  He met with the Coastal Clean-up committee on August 24th.  He received permission from the Commander of the Coast Guard Station, Steve Pollack to allow people to park and have access to the beach for clean up.  He noted that Eva and Stanley Browne volunteered to host a lunch at their home from 12-3pm for village participants in the clean up.

 

Mayor Letica attended the NYCOM Ethics Training workshop on August 28th along with Trustee Ettinger.  He thanked Trustee Pierce and Village Clerk Nancy Rittenhouse for attending the Ethics Workshop as well.  He noted that in response to the information provided in the course, a copy of our ethics code will be provided to all employees and elected and appointed officials.

 

Mayor Letica noted that he spoke with Barbara Van Epps at NYCOM regarding financing options for village hall.  In addition he sent a letter to Senator Marcellino requesting consideration for aid or grants toward the village hall project in the states’ next year’s budget.

 

Mayor Letica spoke with Wade Baltramo an attorney for NYCOM about the next election process.  He noted that in June of 2013 our Village Justice will run for a four year term, one trustee position will run for a one year term and the remaining two trustee’s positions will run for a two year term.

 

Mayor Letica reviewed the management letter provided by the auditors and the recommendations have begun being implemented. He also spoke with Joan Hauser and asked her if she would be the editor of the Asharoken Newsletter and she agreed.

 

Mayor Letica noted that he spoke with Tony Wenderoth, Superintendent of Highway and Andy Mendelsohn and asked Tony to come up with a proposal and estimate for Bevin Road flooding for the next board meeting.

 

Mayor Letica noted that he was invited to attend the Wounded Warrior parade, but was unable to attend due to a prior commitment.   Trustee Pierce and Trustee Ettinger attended the parade.

 

Mayor Letica noted that he spoke to Sue McCormack with the NYSDEC and she noted that nothing is new to report about the feasibility study.  He noted that the 19 caps have been removed and have been stored at village hall.  He noted that Ed Wrocenski of the Army Corps reported that the repair of the seawall will be out to bid soon and that the repairs should commence late October, early November of 2012.

 

Mayor Letica noted that the village is in the process of reviewing and adopting new policies for the village which he hopes to have completed in the upcoming months.  In addition the village will begin to sit down and begin the negotiations with the police department on their contract.

 

Mayor Letica pointed out that a rumor is going around that the Northport Post Office maybe closing and he encouraged the residents to write letters to congressman Israel if they feel that keeping it open is a good idea.

 

 Trustee Reports:

Deputy Mayor Pierce reported that she attended the Suffolk County Legislature meeting on August 7th, and Asharoken court trials and planning board meeting on August 16th.

 

Trustee Ettinger reported that on August 7th he attended the Suffolk County Legislature meeting and he noted that he was overwhelmed by the people who got up and spoke in favor of the inclusion of the Agriculture District.  On August 10th he attended a meeting with Officer-in-Charge Ray Mahdesian and a number of his policeman regarding some preliminary ideas regarding the police portion of the new village hall.  He attended the tabletop exercise for hurricane preparedness part of our emergency planning.  On August 11th he attended the village court session as well as meeting with John Ross and Ray Mahdesian to discuss their thoughts on the design of the proposed new village hall.  On August 16th he attended the planning board commission meeting. On August 17th he attended the village hall expansion committee meeting.  On August 22nd he attended village court session.  On August 24th he along with Mayor Letica discussed some finance options for the new village hall.  On August 28th he attended the Ethics Workshop along with Mayor Letica.  He also congratulated Pamela Pierce on becoming Deputy Mayor and Laura Burke on her appointment for Trustee.  He also commented that Joseph Tilleli did a lot of work for this village over the last two years and expressed his appreciation.   Trustee Ettinger then welcomed the new village attorney, Mr. Bruce W. Migatz.

 

Trustee Catanzano reported that he reviewed the vouchers and the bills for the month of August.

 

Trustee Burke had no report due to her recent appointment.

 

Treasurer:

Emily Hayes reported that the outstanding real estate taxes were $10,700.00 at the end of September. She noted that the total vouchers for the month of August were $35,338.40.  Included in the vouchers were the new lower attorney fees showing a savings of $2,500 per month and a voucher in the amount of $2647.86 for a new server to be used for the court system.  This server was funded by the Justice Court Grant program.  In addition the total vouchers included the final payment of $3,100.00 for the auditors (Skinnon & Faber) and a voucher for the removal of the wood caps for $2,000.00.  Emily noted that all the vouchers were reviewed by Trustee Catanzano. 

In addition Emily Hayes noted that the auditors Skinnon & Faber completed the audit for the year end 5/31/2012 and the financial statements are available for inspection at village hall.

 

Officer-in Charge

Officer-in-Charge Ray Mahdesian reported on the road closure that will be occurring for the Wounded Warrior race.  The road at the top of the hill will be closed but the entrance to Steers Avenue will be open. He noted that the department was granted through the justice court program, funding for a server and that the village receives funding almost every other year for equipment.  He noted that the police assist the judge by protecting him as well as performing clerical duties in the court room and this helps reduce overall costs.

Murray Schwartz will be taking over for the Village Justice position and Mark Kleczka will take over for the Acting Village Justice position.  He noted that this was a good and safe month and several traffic summons were issued.  He also noted that Joseph Affrunti, Harbormaster has done a great job handling the work on the water this season.  Ray Mahdesian also noted that the Personal Water Craft (PWC) riders have a good understanding of the rules and regulations regarding the village boundaries.  Trustee Burke asked about the jet skis in Duck Island Harbor and Officer Mahdesian noted that the PWC is classified as a boat and would need the necessary permits to be used in Duck Island Harbor. 

 

Sanitation: Barry Bradley noted that trash pick- up was 32.26 tons and comingled 3.64 tons and news and cardboard 3.42 tons for a total of 39.71 tons.  Big Blue is running well. Yard waste-9 families participated with 38 bags and 4 bundles. 

 

Emergency Management:  Bill Raisch, Emergency Manager noted that he was gratified to see the collaboration around the Tabletop Hurricane Awareness exercise and also the opportunity to establish the relationships between our village, Town of Huntington, local fire departments, Coast Guard and LIPA officials.  He noted that he volunteered in the aftermath of the tragedy in Oyster Bay and that Officer Mahdesian reached out to the Nassau County police department as well.  He suggested to participate in the Town of Huntington lighthouse event and also noted that the town did institute a one mile five mile per hour maximum to minimize the wake in the area.

Mayor Letica noted that one good point that was made at the tabletop exercise to the LIPA officials was that in the event  that the utility poles come down, it is critical to remove the poles and wires first to allow clearing and opening of the road, and then to work on power restoration.

 

Superintendent of Buildings Report: Doug Adil, building inspector reported on eight inspections for the month.  He also met with several homeowners to discuss driveway paving project and advised them as to what is required by the village.  He reviewed conceptual dock plans for a homeowner and advised the designer that he needs to secure permits with other agencies. He discussed requirements for paving an existing stone driveway. He discussed pool requirements with a builder regarding maximum height permitted above grade to pool deck and pool fence requirements. 

 

Superintendent of Highway:  Tony Wenderoth, Superintendent of Highway, reported on the puddle at the corner of Bevin Road.  He noted that he continues to look at how they can reduce the quantity of the water.  He noted that there are two basic sources of water.  The first one is the upper portion of Eaton’s Neck Road, at this area the water gullies two properties (Golub & Kim) and works its way down towards the Kleczka property and the percentage of the water is absorbed by the hill.  The other source is the lower portion of Eaton’s Neck road. Tony noted that he stood in the road as the rain and water came down to see which direction the water is flowing.  He noted that he is looking at the catch basins to determine how well they work, where they are connected and how the pipes lead to the leaching pools and where the man holes to the pools are located. The second issue is how much the driveways contribute to the water entering the roadway.

He noted that his objective is to have a decision on what adjustments need to be made and a cost estimate to complete these adjustments by October.

Bevin Road Corner: He reported on the Bevin Road area.  He noted that he will be going to the NYSDEC and ask the DEC to approve the village to scrape the mud at the edge of the roadway to allow the water to run away from the roadway.

He reported that a dead tree limb at Bevin road was removed. He also discussed the water hydrant that needs to be cleared at house number 262 and he will be following up this month.

Trustee Catanzano told Tony Wenderoth that the second phase was not complete because there was not enough money to complete the second phase project. 

Mayor Letica noted that the first catch basin is not catching any water at all; Tony Wenderoth confirmed that that the first catch basin is not working properly.  In addition the pipe leading to the leaching pool is at the bottom of the basin which will fill up the leaching pool.  Tony Wenderoth asked Trustee Catanzano if he would like to set up a meeting to discuss the project with him.  Trustee Catanazno questioned Tony Wenderoth’s comments about the possible design defects and installation defects, and Tony Wenderoth noted that he would like to fix the problem and do a good job to make it right. Tony noted that he would like to discuss this with the board to explain what steps have to be done to correct this project.

 

Conservation Board Report: Marty Cohen had no report this month.

 

Stormwater Report: Superintendent Avrum Golub reported on three new laws that have been enacted and are related to water quality: He mentioned that it is noteworthy that these laws were sponsored by Long Islanders.

He reported that the New York State Department of Environmental Conservation (DEC) intends to publish its Retrofit Plan Guidance to aid “MS4s” in meeting Permit No. GP-0-10-002’s “Watershed Improvement Strategies” requirements. DEC held two similar public meetings in order to explain the Guidance, receive comments from regulated entities, and answer questions. These meetings occurred on August 15th and August 16th at DEC’s Regional Office on the Stony Brook Campus. He attended the August 15th session at which rigorous and detailed input was provided to DEC regarding modeling, loading, pollutants of concern, water quality testing and standards, the “no net increase” requirements and TMDL requirements.

He reported that he has been working with the Northport Harbor Water Quality Protection Committee’s (NHWQPC) Subcommittee on Inter-Municipal Agreements (IMA). He noted that he submitted a draft IMA that has been emailed to Subcommittee members. A Subcommittee meeting is expected to be held shortly. He mentioned that the Subcommittee’s efforts will have new potentials now that Chapter 378 of 2012 has been enacted.

He also noted that together with Nassau County Legislator Judi Bosworth, Suffolk County 18th District Legislator William Spencer, M.D. hosted a public hearing on August 29th regarding Water Security: Bringing Long Island Together to Protect Our Aquifers & Drinking Water, at the William H. Rogers Legislature Building, Rose Caracappa Auditorium. He was invited to join them. He noted that this hearing was the first in a series of public hearings to discuss the threats to Long Island’s aquifers and the future of our drinking water.

 

Village Hall Expansion Committee: Chairperson, John Ross reported on the progress of the Village Hall Project.  He met with several members of the police department and Village Clerk to determine the design and layout of the village hall.   He noted that he has come up with a workable preliminary plan that keeps the costs reasonable.  Several committee members including Mayor Letica are looking into the funding that may be available for the project.  He also noted that we are still in preliminary stages and are determining how feasible this project will be to the village.  He noted that the committee is in the process of determining how cost effective the project can be and determining the most reasonable location the building should be placed that will be accepted by the DEC.    

 

Planning Board Report:  Chairperson Patrick Cleary was unable to attend; Village Clerk Nancy Rittenhouse noted that the next Planning Board meeting will take place on September 27th, 2012.  The board will discuss the continuation of the Ackerly Sub-division application.

 

Resolution:

 

Resolution (2012-69) Be It Resolved, that the Mayor does hereby appoint Joan Hauser as the Newsletter editor for a one year term to end 7/1/2013, subject to Board approval.

Motion was made by Mayor Letica to approve, seconded by Deputy Mayor Pierce.

 

Trustee Catanzano                                         AYE

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2012-70) Be It Resolved, that the Village Board does hereby accept the audited Financial Statements for year-end 5/31/2012, the Financial Statements have been filed with the Village Clerk and will be published in the Village’s paper of record for inspection.

Deputy Mayor Pierce made a motion, seconded by Trustee Catanzano. Prior to the vote, Trustee Ettinger asked the Village Attorney his advice whether he should be voting on the Financial Statements since he did not review the statements with the auditors.  Bruce Migatz recommended that he review the Financial statements prior to his vote, if he still feels uncomfortable since he was not part of the board during this fiscal year, then he suggested that he could abstain from the vote. Mayor Letica suggested that the board review the financial statements with the auditors and the board members agreed.  The resolution (2012-70) was tabled.

 

Resolution (2012-71) Be It Resolved that the Village Board authorizes the Mayor to sign the 2012 Operation Shield contract, subject to the village attorney’s review.

Motion was made by Trustee Ettinger, seconded by Trustee Catanzano.

Trustee Catanzano                                         AYE

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2012-72) Be It Resolved that the Village Board approves the vouchers in the amount of $35,338.40 for the month of August and related budget transfers.

Motion was made by Trustee Catanzano, seconded by Mayor Letica

 

Trustee Catanzano                                         AYE

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

New Business:

Mayor Letica suggested moving the Village Board Meeting dates to Tuesday evening instead of Monday evening.  Mayor Letica asked the board if they agreed and the board members had no objections.  Mayor Letica requested that the 2013 Monthly calendar meeting resolution be put on next month’s agenda for a final vote. 

 

Public Session:

A resident requested that the paper of record be changed back to the Observer or The Record from the Times of Northport.  She noted that there is always going to be political opinion and that the paper should be the paper that more people receive.

Trustee Catanzano noted that why we are not using Roberts Rules of Order, Mayor Letica corrected the situation and began asking the public for their name and address.

Bruce Mitgatz noted that it is common practice to state your name and address.

A resident commented that it would be horrendous if the Board decided to change back to the Observer. She noted that she has no objection to the village using The Record.

An individual or representative who is associated with the Huntingtonian newspaper noted that he was stopped delivering the paper in Asharoken and he handed a letter to the Village Clerk.  He commented that he wants to deliver his paper to everyone in the village.

A resident asked if the Village Code is on the website and the board noted that it is already on the website. He also asked about making the village hall accessible to wifi. Mayor Letica noted that the board is looking into it.

A resident asked if the Village Attorney had plans on reviewing the resolutions. She noted that resolution (2012-35) appeared to be vague and requested clarification. She requested a legal opinion about what can be paid in a taxpayer funded newsletter. She requested an explanation of the Village Attorney’s role with Vision Long Island and if the organization had any plans to develop the Morgan Property.  He noted that he was not aware of the Morgan Property prior to him being appointed Village Attorney. He responded to the question about Vision Long Island.  He noted that it promotes smart growth initiatives.  He noted that Smart Growth deals with areas such as Huntington and Port Washington and downtown areas.  Asharoken would not be a candidate for smart growth initiatives.  Smart Growth deals with building housing near mass transportation to eliminate automobile trips.  They focus on housing near mass transportation, such as bus stops, train stations, and the ability to walk to stores etc.  Asharoken is clearly not that type of area.

Trustee Catanazno asked if the village is liable if a child gets hurt while walking on the sea wall. Trustee Catanzano noted that since the caps were removed is the village liable. Mayor Letica noted that the caps were not even securely fastened to the seawall and were half off.

 

A resident asked about the minutes.  She inquired about the additional comment that Trustee Catanzano made and questioned whether they were put into the minutes. Mayor Letica responded that the additional comments were inserted into the July 2nd 2012 minutes along with a notation made on the August 6th, 2012 minutes regarding Trustee Catanzano’s request.

She then inquired about a possible mistake in the public session part of the August 6th minutes, but the board indicated that there was no mistake and she had confused the two last names.

 

Trustee Cantanzano asked about Sand on the Beach. Mayor Letica mentioned that there is no update on Feasibility Study which was already noted in his Mayor’s report.

 

A resident noted that last year information was provided on storm damage prevention and possible funding from the DEC and FEMA that may help build the berm on Bevin Road and fix the sluice way. 

 

A resident noted that a portion of the minutes in the public session section should have been re-worded.

A resident questioned the village clerk about information on delivering the Huntingtonian. The village clerk noted that she did not recall telling the representative from the Huntingtonian that they needed a permit.  The village clerk responded by explaining that she referred to the Officer-in-Charge of the police department whether it is legal to distribute.  Officer-in-Charge Ray Mahdesian noted that under the first amendment this paper and any other newspaper can be delivered properly as long as it is not thrown on the ground. He stated that we addressed this issue for years. The paper is not allowed to be placed in the mailbox or thrown on the ground; it can be hung on the post that holds the mailbox.  The resident noted that she gets Newsday and New York Times thrown on the ground, why not this paper.  Officer-in-Charge noted that if you request Newsday to be delivered than that is fine, the police department was involved with this years ago on the basis of complaints from residents from advertisement flyers thrown in the driveway.

 

The representative from the Huntingtonian handed in a packet to the village clerk and the village clerk handed it to the board.

 

A resident asked if one can subscribe to the Huntingtonian.  He then asked if this was a subscription it would then be a newspaper.  The representative of the Huntingtonian noted that one can subscribe if they want and he indicated that they print 20,000 copies and deliver to areas within the town to inform people of what is going on.

 

Mayor Letica suggested that the board will refer this to the village attorney.

 

Mayor Letica made a motion to close the public session, seconded by Trustee Ettinger.

 

Trustee Catanzano                                         AYE

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica made a motion to go into executive session to discuss the police contract, seconded by Trustee Ettinger.

 

Trustee Catanzano                                         AYE

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

No action was taken in Executive Session.

Mayor Letica made a motion to close executive session, seconded by Deputy Mayor Pierce.

 

Trustee Catanzano                                         AYE

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica made a motion to adjourn the meeting, seconded by Deputy Mayor Pierce.

 

Trustee Catanzano                                         AYE

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

        The September 4th, 2012 meeting of the Board of Trustees was adjourned at approximately 9:25 pm.

        Signed: _____________________________________________

        Nancy Rittenhouse, Village Clerk