Incorporated Village of Asharoken
Board of Trustees Regular Meeting/Public Hearing
Tuesday, January 10, 2017 7:30pm
At the Village Hall
Approximate Attendance (35)
Officers Present:
Greg Letica, Mayor
Pam Pierce, Deputy Mayor
Melvin Ettinger, 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 for the Conservation Board
The Pledge of Allegiance was said.
Mayor Letica requested, proof of publication, Village Clerk confirmed.
Trustee Ettinger made a motion to approve the regular board minutes for December 6, 2016, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Mayor Letica reported, “December 2016 and the first two weeks of January 2017 marked a very significant period in the history of the Village. Two major initiatives that were commenced during the William Kelly administration, the ASDRP and the initial effort to construct a new Village Hall, have reached their final conclusions.
On December 6th, the Village mailed out 427 ASDRP surveys. As the Village waited for the surveys to be returned it received and email on 12/15 from Sue McCormick of the NYSDEC which said, “I am sorry to inform you that despite the New York State Department of Environmental Conservation’s best efforts, the US Army Corps of Engineers has elected to terminate the Asharoken Storm Damage Reduction Project’s Feasibility Study immediately.” The email had attached a December 14th letter from Colonel Caldwell of the ACOE to Alan Fuchs of the NYSDEC as well as a December 14th response to that letter from Deputy Commissioner James Tierney to Colonel Caldwell. Colonel Caldwell in his letter states “I have notified the Commander of the USACE North Atlantic Division that the Study is now concluded in accordance with Engineering Regulation, ER 1105-2-100, and Paragraph 4-3.”
I would ask that Clerk Rittenhouse add a copy of the survey, the survey results, the email from Sue McCormick to Asharoken, the letter from Colonel Caldwell to the DEC, the letter from Mr. Tierney to the ACOE and the transcript of the public hearing to be appended to the minutes of tonight’s meeting.
On December 20th Clerk Nancy Rittenhouse, Kathy Martin, Michele Tilleli and John Lento tabulated the results. I would like to thank Kathy, Michele and John for the careful and conscientious help in this project. The preference of the respondents was an overwhelming “no” to going forward with the project. I would like to review a few of the statistics that came out of the survey. Overall 61% of the 427 surveys were returned and 85% of the returned surveys were against going ahead with the ASDRP. Interestingly, approximately 90% of the homes that own Long Island Sound beach property and responded were opposed. Had the remaining 23 sound side properties responded in the affirmative the overall opposition would have still been 73%. 50% of the beach lot owners responded of which 90% were opposed to the project. I would like to thank everyone who took the time to review the fact sheet and respond.
The responding property owners sent a comprehensive, resounding, unambiguous and nearly unanimous message to the Board of Trustees; we do not want to do the ASDRP. You have been heard loud and clear.
On January 4th, the Village held a public hearing on the ASDRP and the sentiments expressed by the 15 residents who spoke mirrored the survey with 13 opposed to going forward, 1 in favor and 1 undecided. The meeting room at the National Grid power plant was full. Several people asked why the Village needed to hold the public hearing in light of the survey results. That happens to be a very easy question to answer. Due to the historic significance and long term impact that approving or rejecting the ASDRP will have on Asharoken the residents of the Village needed to be afforded every opportunity to apprise the Board of their desires. The public hearing was a critical component of that process. I would like to thank everyone who either shared their opinions or just came to listen.
I would like to sincerely compliment the residents of Asharoken for their participation in the process to help guide the Board of Trustees in their decision on the ASDRP. You were engaged every step to the way, provided very helpful insight into aspects of the plan that otherwise may have gone unnoticed, communicated passionately to the board about how you felt, responded to the survey in very high numbers and provided polite, concise and clear comments at the public hearing. I will say that at times the discussions became rather lively but it was only because you are passionate about Asharoken. We live in a unique community and your participation in this process should be a guide for other Villages to follow. Everyone who took time to be involved in this historic decision should be proud of their efforts.
The past is prologue. For the last sixteen years Asharoken has been debating what to do with the ASDRP and tonight is the final chapter in this long and often contentious saga. A resolution is on the agenda to provide closure on the ASDRP.
You may wonder why I mentioned Village hall in the opening paragraph. Well as the story goes when Police Commissioner/Trustee Mel Ettinger first approached Mayor Kelly about building a new Village hall the Mayor said “you can do what you want but I will not spend tax payer money to build it”. Tonight, I am happy to report that Mayor Kelly’s wish has been fulfilled. During the last couple of months Clerk Nancy Rittenhouse has worked with our insurance carrier NYMIR to get insurance compensation for damage done to the previous Village hall during Sandy that was not covered by FEMA. Several days ago the Village received a check in the amount of $6,411. This payment covers the remaining $1700 of costs for Village Hall that had not been paid for by FEMA, donations, grants and rebates. I am very proud to say that this building has been constructed without using any tax payer money.
On December 18th, Santa and Mrs. Claus paid a visit to Village Hall. Prior to their arrival, the acapella group Valance, featuring Emily Rittenhouse, performed Christmas Carols and a medley of songs from the Lion King. It was really a magical afternoon filled with great music and beaming children who got to share their Christmas wishes with Santa. Thanks to our always amazing Village Clerk Nancy Rittenhouse for organizing this special event.
The sand placement project has been completed with 45,000 CYDs of material placed on the beach between homes 100 and 252.
Jeffrey Toscano, the son of Ed and Janet Toscano, was named Nassau County’s PBA top cop for 2016.
I would like to send out condolences to the family of Sally Knackle. Sally passed away last month and she will be missed. She had a great sense of humor, cared for her friends and loved to feed the birds. But her real claim to fame was that until very recently she used to go swimming every day of the year. I once asked her if there was ever a day that you thought it was too cold to swim, and after thinking for a bit said that the day the tug boat Gwendolyn Steers sank back in December 30th 1962 she said, it wasn’t the best day to go in the water. It was so cold and windy that day that the spray from the water froze on the tug and sank it off of Eaton’s Neck. I believe that the entire crew perished. The Village has lost a really special resident.
I would like to send out condolences to Jeanne Prewitt’s family, Jeanne passed away on December 30, 2016 and Tom Greenlees passed away several days ago.
Trustees:
Deputy Mayor Pierce reported that during the month she finished monitoring the National Grid Sand Placement which finished on December 13th. She attended the public hearing last week and reviewed Law #1 of 2017, the minutes and correspondence from residents regarding ASDRP and deer hunting.
Trustee Ettinger wished the residents a Happy New Year. He reported that he spent time with Officer-in-charge Mahdesian discussing various related police matters. He spent time with Officer-in-Charge Mahdesian and Officer O’Connor on new mobile communication technologies to upgrade our police fleet capabilities. We are trying to obtain most of these items through grants that Officer-in-Charge Mahdesian is working on. He noted that he also reviewed correspondence that we received from the NYSDEC and ACOE regarding the ASDRP. He noted that he reviewed the ASDRP survey results. On December 18th he attended the Santa visit at Village Hall. He thanked the Village Clerk for all her efforts. On December 21st he attended court; on January 4th he attended the public hearing regarding the ASDRP and attended the January court session. He reviewed the minutes, FOILS and payment vouchers.
Trustee Jablonski reported that he reviewed the minutes, vouchers, and correspondence and attended the public hearing on the ASDRP.
Village Attorney: Bruce Migatz reported that the Zoning Board did not meet in the month of December, no applications were filed. The Planning Board did not meet; he noted that we received today from the attorney for Duck Island Corporation with respect to the sub-division their response to the latest comments from the village’s consultants VHB Engineering. The comments will be sent to VHB Engineering and to the Planning Board for their review. If all is in order the board will set a date for the continued hearing. The ERB did not meet in December; at the request of the ERB board the board of Trustees elicited proposals from two firms to perform services to assist the ERB board in reviewing the technical environmental data that was submitted. Proposals were requested from GEI Consultants and Ocean and Coastal Consultants. Ocean declined to submit a proposal, GEI did submit a proposal and that was sent to the ERB board members for their review, we are waiting for a response back from the ERB chairman.
Treasurer: Emily Hayes reported that the Village received a check for 6,411.32 for wind damage from Super Storm Sandy for the Village Hall. The vouchers for the month of December were $182,162.58. This includes payment to NYS for the Village’s annual pension contribution for Police and State employees in the amount of $147,366.00. The village received the Town of Huntington snow removal bill in the amount of $5,412.30. There will be a separate resolution to approve the vouchers and budget transfers.
Officer-In-Charge: Officer-In-Charge Ray Mahdesian reported that 29 summons and 4 arrests. For the year, there were no serious injuries or fatalities on our highway, no burglaries in the village.
Sanitation Operator: Barry Bradley reported that Big Blue is running well. Total trash tons was 22.21, single stream 8.27 tons for total tonnage for the month being 30.48 tons.
Superintendent of Buildings: Doug Adil reported that he responded to six homeowner inquiries. He prepared a denial letter for a package of drawings that were submitted to obtain a building permit. He performed 17 inspections in the month of December which included several inspections of the large projects at 117 and 161 Asharoken Avenue.
Conservation Board: Marty Cohen had nothing to report for the month of December.
Mayor Letica noted the next order of business is a public hearing to solicit comments on the proposed local #1 of 2017 authorizing a property tax levy in excess of the limit established in general municipal law 3-C.
Village Clerk read the public notice.
Mayor Letica noted that in each of the last four years the village has stayed below the NYS 2% tax cap. Our four year average tax increase was the lowest since 2002-2005 and that included last year’s 0% tax increase which was also the lowest tax increase since 2005. The NYS Comptrollers office has conducted two financial stress tests of local governments, and in both occasions the Village received the best possible evaluations which were no designation. The Village will hold a public hearing on local law #1 of 2017 to authorize the village to adopt the budget that exceeds the state tax levy should that become necessary during the budget process.
This law allowing the Board of Trustee is a routine step in the budget process and has been enacted the last four years. Legislation provides the Village the financial flexibility to do what is right for Asharoken without the constraints of an arbitrary tax limit imposed by NY State. Passage of this law gives Asharoken a safety net should unexpected expenses or revenue shortfalls arise prior to the adoption of the budget. Examples could include extreme snow removal costs; police overtime due to a storm or rather unanticipated fiscal events. For the fiscal year beginning June 1, 2017 the Village can raise its tax levy only 1.24% or to remain below the NYS 2% tax cap. It is due to the fact pursuant to tax cap law the allowable levy growth factor is 2% or CPI whichever is less. The village has adopted this law in the last four years and has always stayed below the tax cap. Adopting this law should not be interrupted or assume to mean that the Village will have a tax increase above the 1.24% threshold. At this time the work on the budget for 2017-2018 has just started. NYS is no longer offering a tax rebate to residents should the village stay below the tax cap. Last year was the last year as a financial incentive. The Board will do its best to construct a tentative budget with the lowest possible tax increase that maintains the Village services and ideally stays under the NYS tax cap something we have done in the last four years. Simply put adopting local law #1 of 2017is in the best interest of the village with the hope and expectation that it will not be needed. The Village has had a long history of fiscal prudence and I expect this year will be no different.
Mayor Letica opened up the public hearing for comments:
Two comments were made during the public hearing.
Mayor Letica made a motion to close the public hearing on local law #1 of 2017, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolutions:
Resolution (2017-01) Be It Resolved, that the Village Board approves the budget transfers for the month of December 2016.
Motion was made by Trustee Ettinger to approve, seconded by Deputy Mayor Pierce.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2017-02) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of December 2016 in the amount of $182,162.58.
Motion was made by Deputy Mayor Pierce to approve, seconded by Trustee Jablonski.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2017-03) Be it Resolved that the Village Board, does hereby approve in accordance with the provisions of the Election Law of the State of New York, the 2017 Annual Village Election in the Village of Asharoken shall be held on June 20th, 2017, and be it further resolved that the offices to be filled at said election and the terms thereof are as follows:
Trustee, two (2) years
Trustee, two (2) years
Be it resolved that the polling place will be held at the Village Hall, 1 Asharoken Avenue, Northport, NY 11768 during the hours of 12 noon to 9:00 pm, subject to change.
Motion was made by Mayor Letica to approve, seconded by Deputy Mayor Pierce.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2017-04) Be It Resolved, that the Village Board of the Village of Asharoken, does hereby approve the local law 1-2017 authorizing a property tax levy in excess of the limit established in General Municipal Law}3-c for the fiscal year commencing 6/1/2017.
Motion was made by Mayor Letica to approve, seconded by Trustee Ettinger.
Roll Call:
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Resolution (2017-05) Be it Resolved that the Village Board does hereby grant a permit to Chris O’Neill located at 85 Asharoken Avenue for use of firearms pursuant to 67-2(a).
Motion was made by Mayor Letica to approve, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2017-06) Be it Resolved that the Village Board does hereby approve the standard day for appointed officials for retirement purposes,
Whereas, the New York State Employees’ Retirement System requires that a standard workday be established for retirement credit purposes; so therefore, be it,
Resolved, that the Asharoken Village Board hereby establishes the following as a standard workday for appointed officials: For full-time appointed officials a five day work week, six hour day for the village clerk; for part-time appointed officials a five day work week, six hour day for the treasurer and building inspector, And be it further Resolved, that said standard is being established to meet the accounting requirements of the New York State Employees’ Retirement System for calculation of retirement benefits; and
Resolved, that the Village Clerk is hereby authorized to send a certified copy of this resolution to the New York Employees’ Retirement System.
Motion was made by Trustee Jablonski to approve, seconded by Mayor Letica.
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
Resolution (2017-07)
Whereas, on March 21, 2001 the Department of the Army and the State of New York entered into an agreement (the “State Agreement”)to perform a Coastal Storm Risk Management Feasibility Study in the Village of Asharoken (the “Feasibility Study”) with the State of New York as the Non-Federal Sponsor; and
Whereas, on April 18, 2001 the State of New York and the Village of Asharoken entered into an agreement (the “Village Agreement”) wherein the Village agreed to be the Local Sponsor for the Feasibility Study;
Whereas the Village Agreement expressly states that entering into the agreement in no way obligates the Department of Army, the State of New York or the Village of Asharoken to implement a project, and that whether any of said parties budget for implementation funding depends upon the outcome of the Feasibility Study; and
Whereas, prior to completion of the Feasibility Study, the State of New York, by letter dated November 22, 2016, informed the Village of Asharoken that the Department of Army will not complete the Feasibility Study unless, among other things, the Village of Asharoken agrees to construct a specific project alternative; and
Whereas, the Village of Asharoken cannot, and is not required pursuant to the Village Agreement, to agree to construct a specific project alternative until the Feasibility Study is completed and the cost of the project is known; and
Whereas, the Department of Army, by letter dated December 14, 2016, informed the State of New York that, since there has been no clear commitment on the part of the State of New York or the Village of Asharoken to construct the project, the Department of Army was stopping work on the Feasibility Study in accordance with Engineering Regulation, ER 1105-2-100, paragraph 4-3;
Now Therefore, Be It Resolved that the Village of Asharoken considers the Village Agreement to be terminated by the action of the Department of Army and no further action will be taken by the Village of Asharoken with respect to the Feasibility Study.
Motion was made by Mayor Letica to approve, seconded by Deputy Mayor Pierce.
Roll Call:
Trustee Jablonski AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Mayor Letica opened up the meeting for public session.
During public session, twenty suggestions, comments or questions were presented.
1. Comment was made about the possibility of the Town of Huntington or Suffolk County becoming a local sponsor.
2. Comment was made giving credit to the Board of Trustees and the Village Attorney Bruce Migatz for the vote and the resolution.
3. Comment was made on the Feasibility Study reserve funds.
4. Comment was made on the frequent splash-over at the seawall area, noting the effect on drivers and neighboring properties. Resident discussed that a large number of Asharoken residents live beyond the seawall and noted that the seawall falls under the ACOE 103 project. Mayor Letica noted that we have substantial interest from the Town of Huntington to work in this area. Mayor Letica offered to set up some time to discuss this matter.
5. Comment was made about washing your car after driving past the seawall.
Mayor Letica made a motion to close the public session, seconded by Trustee Ettinger.
Trustee Jablonski AYE
Trustee Burke 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 Jablonski AYE
Trustee Burke AYE
Trustee Ettinger AYE
Deputy Mayor Pierce AYE
Mayor Letica AYE
Motioned Carried.
The January 10th, 2017 Regular board meeting of the Board of Trustees was adjourned at approximately 8:30pm.
Signed: _____________________________________________
Nancy Rittenhouse, Village Clerk