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[MESSAGE JSNF-285-09] 2

APPROVED Minutes of the June 4, 2013 Meeting of the Asharoken Board of Trustees

 Incorporated Village of Asharoken

Board of Trustees Regular Meeting & Public Hearing

Held on Tuesday

June 4th 2013 7:30 P.M

At the Northport American Legion Hall

Approximate Attendance (27)

                                                                               

                                                                                               

                                                                                               

Officers Present:

Greg Letica, Mayor

Pam Pierce, Deputy Mayor

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

Marty Cohen, Conservation of the Environment

John Ross, Village Hall Expansion Committee Chair

Tony Wenderoth, Superintendent of Highways

Bill Raisch, Emergency Manager

 

The Pledge of Allegiance was said.

 

Proof of publication was made.

 

Trustee Ettinger made a motion to approve the regular board minutes for May 7th, 2013, seconded by Trustee Burke.

 

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Trustee Burke                                                  AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Trustee Ettinger made a motion to approve the regular board minutes for May 21st, 2013, seconded by Deputy Mayor Pierce.

 

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Trustee Burke                                                  AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica proposed a resolution to provide more structure during our public session and public hearings; he proposed the following resolution as a three month trial:

 

Resolution (2013-51) Be It Resolved that the Village Board does hereby approve the following public session and hearing policy; to limit each person to one opportunity to speak for a maximum of 3 minutes, the village board, upon approval of a motion to do so, may for good cause expressed in the motion, reduce or extend the time during which an individual may speak and allow this policy to automatically expire on August 30th, unless the board decides to extend it at that time depending on how it is working

 

Motion was made by Mayor Letica, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica opened up the public hearing for the proposed Cablevision franchise agreement

Proof of publication of the public hearing was read by village clerk, Nancy Rittenhouse

 

Mayor Letica introduced Joan Gilroy, Director of Government Affairs for Cablevision and Jim Gaughran, outside counsel for Cablevision.

Joan Gilroy thanked Mayor Letica, Village Attorney Bruce Migatz and Village Clerk Nancy Rittenhouse.  She went on to discuss the 10 year franchise renewal agreement and summarized the difference between Verizon’s franchise agreement and Cablevision’s franchise agreement.

In addition Jim Gaughran pointed out several features that the agreement includes in this current agreement vs. the agreement that was made 10 years ago.

 

Public Comments:

Resident, Bill Raisch, asked about notification capabilities and asked if it’s possible to notify a specific target group of people.  Joan Gilroy noted that Ch. 18 which is controlled by the Township could send out a notice but she didn’t think the town had the capabilities of sending it just to a specific group.  It would have to go out to the entire township.

Resident, Carol Cassmassima pointed out that the information listing on News 12 shows a variety of information throughout Long Island and may be the better broadcast station to notify residents of road closures and other village related information.  Joan Gilroy noted that she will supply the direct contact name and number associated with News 12 to Mayor Letica.

Resident, Matt Cassmassima inquired about the continual raises from cablevision and asked if it’s possible to incorporate a cap or moratorium on the amount of raises that we are subject to.  Joan Gilroy replied that per Federal FCC and according to their regulation the information that goes into the package cannot be negotiated and rates are no longer negotiable.  He asked then if the village is experiencing a benefit with a 10 year agreement.  Mayor Letica pointed out the village is getting a 5% of gross revenue, initial fee of $4000, free video service and two free cable modems. 

Resident Drew Mendelsohn asked what the proposed dollar amount is in savings; Mayor Letica noted approximately $12,000.

Trustee Ettinger, noted that after Superstorm Sandy, Cablevision provided great service to our village to ensure that our village hall had cable service immediately.

Mayor Letica noted that when the village had to contact Cablevision to come and hook up the trailers, he noted that they came in an hour.

Village Attorney, Bruce Migatz shared a story about Charles Dolan.

 

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

 

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

 

Mayor’s Report:

Mayor Letica reported, “FEMA has contacted the village to advise us that they will increase their share of Sandy cost to 90% from the initial 75%.  Additionally, they have accepted our proposal for repair of the Bevin Road sluice and are evaluating it for reimbursement.

On May 30, Deputy Mayor Pierce and I met with FEMA to meet our new Disaster Assistance Representative, Tim Kelly, and discussed village hall reconstruction. When the building was inspected by FEMA we were told that the buried fuel tank underneath the clerk’s office had to be removed and the only way to do that was to demolish the building. I would like to thank our departing Representative Joe Ahouse, who did a fabulous job getting our FEMA reimbursement in a very timely and complete manner.  

Gene Brickman, from the ACOE, reports that funds for the feasibility study and a modification of the existing cost sharing agreement between the DEC/ACOE could both be ready to go sometime after July 15th, 2013.

I received a request from Scott Martella, from Governor Cuomo’s office, to write a letter in support of the Governor’s LIPA restructuring plan.  I wrote back that I was reluctant to support any plan that does not address the tax certiorari case against Huntington and does not assure the tri-annual 45,000 CYD beach restoration required by the ACOE.  I also had a discussion with State Legislator Andrew Raia about this issue and he is in agreement with my position.

I submitted two letters to the Village of Northport in support of their effort to receive a grant from Suffolk County for upgrades to their sewage treatment facility.

On May 14th Deputy Mayor Pierce, Jim Zima and I met with Joe Hedges, from Coastal Group to evaluate the options to prevent overtopping of Bevin Road at the sluice and flooding of Kew Court. Building a berm or raising Bevin road was discussed. The complexity of the solution, private property issues and expense makes this project extremely difficult to undertake. Individual mitigation may be more appropriate.

I attended a Village Hall reconstruction committee meeting, the Asharoken PBA awards ceremony and the Northport Village Memorial Day parade and celebration in the village park. On the suggestion of Trustee/Police Commissioner Ettinger I contacted Cablevision and requested and received waiver of the monthly fee for the second modem that the Village required once it moved into the two trailers. The net savings will be $600/year.

The Village, represented by Roger Ramme, resolved the SCARs for year 2012/2013. A total of 8 homes contested with 3 getting reductions in taxes in the amount of $2876, the bulk of which was one property totaling $2431.30. Additionally, Roger has submitted his resignation as Village Assessor effective May 7th as he cannot serve simultaneously as Huntington Assessor.

Finally, the Village has set up a Twitter account to post important information for residents. The account is @Asharokenny.  The village will use this account to post real time information about things like road closures and openings, emergency situations and changes to scheduled events”.   .  

Trustee Reports:

Deputy Mayor Pierce reported that she met with FEMA consultant along with Mayor Letica and resident Jim Zima regarding funding and mitigation prospects for Bevin Road Sluice area.  She met with Coastal Group engineer along with Mayor Letica and Jim Zima to review the possible project at the Bevin Road sluice area as well.  She attended the Special Meeting to review the proposed Cablevision franchise Contract and twitter communication for Village emergencies and announcements.  She attended the FEMA transitional meeting of the village’s FEMA project manager.  She reviewed the vouchers and discussed various issues with village residents.

 

Trustee Ettinger reported that he met with the Mayor Letica and Officer-in-charge Ray Mahdesian on police matters.  He met with several residents regarding village issues.  On May 14th he participated in the semi-annual firearms qualification training course.  He attended two court sessions during the month of May.  He attended two village hall restoration meetings and met with Officer-in-Charge Ray Mahdesian and Rich Pandolfi on lighting solutions.  He attended the special board meeting on May 21st regarding the proposed Cablevision Franchise agreement.  He participated in the Sandy police awards ceremony and reviewed the vouchers for the month of May.

 

Trustee Burke reported that she reviewed the proposed Cablevision Franchise agreement and attended the Special Meeting May 21st.  She noted that she is working on the Blood Drive that is held on June 18th.  She pointed out an interesting article in Newsday about the Incorporation of Asharoken Village.

 

Village Attorney:  Village Attorney Bruce Migatz noted that he had nothing to report this month.

 

Treasurer: Emily Hayes reported that the total vouchers for the month of May totaled $45,741.77. Included in the vouchers for May is $8750.00, which is the final payment for the fireworks event.

 

Officer-in Charge

Officer-in-Charge Ray Mahdesian reported that the department completed the semi-annual firearms qualification training course on May 13th and May 14th.  On May 21st the department conducted its annual performance recognition awards ceremony.  Mayor Letica and Police Commissioner Ettinger presented awards.  He noted that a thank you letter to the Asharoken Police department was received from a victim of a bicycle accident for Police Officer Magerle. Issued 38 summons for the month of May.  Resident Tony Wenderoth asked a question regarding the removal of horseshoe crabs. Officer Mahdesian responded and noted that the police followed up with the call that came in. Resident Anna Pollaci asked about the two arrests that were mentioned in his report.

 

Superintendent of Highway’s:  Tony Wenderoth noted that he had no report.

 

Village Hall Building Committee: John Ross reported that this month we had several meetings and reviewed different types of window manufactures.  He noted that he finished preliminary construction drawings.  He noted that additional documentation was sent to the DEC for approval.

 

Emergency Manager: Bill Rasich noted that Hurricane season has begun.  He reported that we are trying to come up with an effective way to get better health information on our elder residents for preparedness during future storms.  He noted that he is updating his emergency contact list, vendor list and creating a volunteer system. He mentioned that on Saturday, June 8th the Blessing of the Fleet will take place at the Northport Village dock.

 

Stormwater Report: Mayor Letica reported for Avrum Golub who was unable to attend. He reported that Avrum attended the Northport Harbor Water Quality Protection Committee meeting and noted that they made progress with the sewer treatment plan and discussed drain filters in the storm drains into Northport Bay.

 

Conservation Board: No Report for the month of May.

 

Zoning Board:  Bruce Migatz, Village Attorney reported that the Zoning Board met on May 30th and had three cases on for that hearing date.  Two were for renewals of special use accessory permits at 147 and 154 Asharoken Avenue. Both were granted for a one year term.  The third case was for a side-yard set-back variance. The hearing was continued, due to additional plans that were required by the applicant.

 

Superintendent of Buildings: Doug Adil reported on several inspection reviews made on bulkheads that required repair due to Superstorm Sandy.  He noted that we had two demolition projects this month.  He discussed requirements for proper fencing around pools.  He performed 15 inspections for the month of May.

 

Resolutions:

Resolution (2013-52) Be It Resolved, that the Village Board approves the budget transfers for the month of May 2013.

 

Motion was made by Deputy Mayor Pierce, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2013-53) Be It Resolved, that the Village Board does hereby approve the vouchers in the amount of $45,741.77 for the month of May 2013.

 

Motion was made by Trustee Ettinger, seconded by Deputy Mayor Pierce.

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2013-54) Be It Resolved, that the Village Board, does hereby accept the donation from the “Asharoken Building Fundraising Committee” in the amount of $3,500.00 for the new village hall project.

 

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2013-55) Be It Resolved, that the Village Board does hereby approve a tent permit for Leslie Hepp located at 230A Asharoken Avenue for the time period September 27th, 2013 to September 29th, 2013.

 

 

Motion was made by Mayor Letica, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2013-56) Be It Resolved, that the Village Board does hereby approve the Mayor’s appointment of Chief Surgeon Scott S. Coyne, MD Medical Director as head of Medical Operations for the Village of Asharoken’s Police Department in order to maintain local municipal authority to provide Emergency Medical Services.

 

Motion was made by Trustee Ettinger, seconded by Mayor Letica.

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2013-57) Be It Resolved, that the Village Board does hereby accept the resignation of Roger Ramme, Village Assessor effective May 7th, 2013.

 

Motion was made by Deputy Mayor Pierce, seconded by Trustee Ettinger.

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

 

Resolution (2013-58) Be It Resolved, that the Village Board hereby approves the proposed Cablevision Franchise Agreement as approved in form by the Village Attorney,

WHEREAS, the Village entered a Franchise Agreement with Cablevision Systems Huntington Corporation (Cablevision), which was subsequently confirmed by New York State, and

WHEREAS, Cablevision has constructed, operated and maintained the cable television system pursuant to the terms of its previous franchise agreement and in accordance with the Rules and Regulations of the Federal Communications Commission and the New York State Public Service Commission, and

WHEREAS, on June 4, 2013, the Village held a public hearing affording due process to review the application and the terms of the proposed Franchise Agreement, and

WHEREAS, the agreement complies with the standards of the New York State Public Service Commission and will be submitted to that agency for formal certification, now, THEREFORE:

BE IT RESOLVED, That this Board grants a non-exclusive cable television franchise to Cablevision and authorizes the Village Mayor to execute such agreement with it as approved in form by the Village Attorney, and

BE IT FURTHER RESOLVED, that the Village Attorney shall coordinate with Cablevision to file the franchise certification application with the New York State Public Service Commission for its approval.

Motion was made by Mayor Letica, seconded by Trustee Ettinger.

Roll Call:

Trustee Burke                  AYE

Trustee Ettinger              AYE

Trustee Catanzano         Absent

Deputy Mayor Pierce    AYE

Mayor Letica                     AYE

 

New Business: Mayor Letica discussed the extension of the building fees relating to Sandy repairs, the board indicated that they were in favor of such an extension. Mayor Letica proposed the following resolution.

 

Resolution (2013-59) Be It Resolved that the Village Board does hereby extend the waiver for building permit fees for repair and/or construction work relating to damages from Hurricane Sandy for a three (3) month period, to end July 31st, 2013, subject to the Building Inspector’s approval.

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

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica reported that the board has received some concerns regarding a fence that was installed on a property located in the village for the purpose to keep deer out.  The fence was six feet high, had posts 8’ high and two wires that run across the top all covered in a black coating.  He asked the board to consider a future village code to address fencing.  Trustee Ettinger noted that the six foot fence looks reasonable, but the additional wires that run across the top makes it looks like a prison appearance. Bruce Migatz noted that it is typical for the finished part of the stockade fence to be facing your neighbor. Trustee Burke asked if a six foot fence is sufficient to keep deer out. She noted that a village code for fencing should include the deer issue as well. Trustee Ettinger noted that the deer problem is increasing and the code has to address both issues, in addition we should be finding ways to limit the number of deer.

Officer Tetro noted that deer herding is increasing because we have an abundant food source, and based on the information he received there could be a 40% increase in deer population each year.

Deputy Mayor Pierce noted that she did not find the fence objectionable since it was a chain link fence, if it was a stockade fence it may block a view of the water from other surrounding neighbors.

Mayor Letica noted that we will ask Bruce Migatz write up a draft code to be reviewed by the board.

Resident, Anna Pollaci noted possible different fencing requirements are sometimes made for a front yard vs back yard.  She noted that being on the Zoning Board there are many codes that are outdated and it is very costly to revise the codebook.

 

Public Session:

Resident Judy Ross asked the Mayor to repeat the resolution regarding the public session and hearing policy.

Resident Debbie Masterson mentioned having a outdoor lighting code and noted that when you live on a 50’ lot a lighting code maybe something that the board should consider.

Resident Judy Ross commented about the deer problem and ways to reduce the population by sterilizing the deer.  Trustee Burke noted that it’s possible it could cost approximately about $3000 per deer.  Mayor Letica is waiting to hear back from the deer committee on some solutions. 

Resident Bill Raisch suggested that we may want to state in our code what an allowable height should be and if you want to exceed that height then you need to file for a permit.

Resident Anna Pollaci asked about the real estate taxes on the two properties where the houses were demolished.  She also asked about the SCAR hearings for 2012-2013.  She noted that we should include in the code that you cannot take down a house without replacing it with a new one.

Drew Mendelsohn asked whether the West Hampton documents were reviewed.  He discussed the funding that was presented by Senator Schumer.  He also asked whether the plan of placing 600,000 cubic yards of sand is adequate. He also brought up the public access points that maybe required, and he pointed out the importance of securing the funding.

Resident Debbie Masterson asked about the distance required for public access.

 

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

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 police personnel matters, seconded by Trustee Ettinger.

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 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 Trustee Ettinger.

 

Trustee Ettinger                                              AYE

Trustee Burke                                                  AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

        The June 4th 2013 meeting of the Board of Trustees was adjourned at approximately 10:10pm.

                Signed: _____________________________________________

                Nancy Rittenhouse, Village Clerk