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APPROVED Minutes of the October 3, 2017 Meeting of the Asharoken Board of Trustees

 Incorporated Village of Asharoken

Board of Trustees Meeting

        Tuesday, October 3, 2017 7:30pm

             At the Village Hall

Approximate Attendance (22)

                                                                               

                                                                                                                                                                                               

Officers Present:                                                         

Greg Letica, Mayor

Pam Pierce, Deputy Mayor

Melvin Ettinger, Trustee

Laura Burke, Trustee

Ian Jablonski, Trustee

 

Officials & Appointees Present:

Nancy Rittenhouse, Village Clerk

Emily Hayes, Treasurer

Bruce Migatz, Village Attorney

Barry Bradley, Sanitation Operator

Doug Adil, Superintendent of Buildings

Raymond Mahdesian, Officer-in-Charge

Marty Cohen, Chairman of the Board of Conservation

 

The Pledge of Allegiance was said.

Publication of meeting was confirmed.

 

Trustee Ettinger made a motion to approve the regular board minutes for September 5, 2017 seconded by Trustee Jablonski.

Trustee Ettinger                                              AYE

Laura Burke                                                      AYE

Trustee Jablonski                                           AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayors Report;” On September 8th, the Village hosted an emergency planning meeting to review the Village’s response to a major storm and a possible breach of Asharoken Avenue.  Trustee/Police Commissioner Mel Ettinger, Village Emergency Manager Bill Raisch, Officer- in- Charge Ray Mahdesian, Storm Water Superintendent Avrum Golub and I were joined by: Town of Huntington Supervisor Frank Petrone, Deputy Supervisor Pat Del Col, TOH Emergency Manager Betty Walsh, TOH Highway Supervisor Pete Gunther, TOH Maritime Director Ed Carr, USCG Senior Chief Tony Martinez, Northport Fire Department Chief’s John Jacobsen and Dennis Sheridan, Eaton’s Neck Fire Department representative Larry Cavanaugh, Huntington Harbor Master’s Office, USACOE, Suffolk FRES (Fire Rescue Emergency and Safety), Suffolk County Police Department Second Precinct and Homeland Security Emergency Services.

Bill Raisch led the discussion, which began with planning for a coordinated response commencing 72 hours prior to the event and proceeding through the actual response.  The spirit of cooperation and common concern for the safety of the residents of Asharoken and Eaton’s Neck was remarkable.  Without a doubt, this meeting put the Village and Town in a much better position to respond to a serious storm.

The value of a meeting, like the one we had last Friday, is exemplified by what happened in the Village after Superstorm Sandy.  

With the recent impacts of Hurricanes Harvey, Irma and Maria I encourage all residents in the Village and Eaton’s Neck to plan for a serious storm. It is important to think about what supplies you may want to have on hand and in the unlikely need to evacuate a place to go. Staying safe should be your only priority.

On Friday September 9th the Village installed a custom made in-line check valve into the pipe that runs from two catch basins on Asharoken Avenue to a leaching pool behind Village Hall.  In the past the roadway became back flooded by sea water during exceptional high tides in Northport Bay.  The check valve is expected to prevent this from happening.

 

On September 10th Asharoken Police Officer in Charge, Ray Mahdesian, was honored for his exceptional record of public service at the 9/11 memorial ceremony that was held at Crab Meadow Beach. Northport Mayor George Doll, Suffolk County Police Commissioner Tim Sini and Northport Police Chief Bill Ricca were also recognized.  Each received a flag that was flown at the 9/11 memorial located at ground zero. Congratulations to Ray for this very well deserved honor.  We all know how dedicated Ray is to the Village and what a fantastic job he does leading our police department.  It is nice that the communities beyond Asharoken have the opportunity recognize just how incredible a civil servant Ray is. Thanks again Ray for always being there for Asharoken.

 

On September 15th, with the incredible assistance of Peter Gunther, TOH Superintendent of Highways, members of the Highway Department and ACOE representatives at the New Jersey City location, the Village completed the emergency remediation of the sink hole at the Bevin Road Seawall.  Following the instructions of the USACOE, the cap stones that had collapsed into the hole were carefully removed, approximately 1400 sand bags were placed in the hole, clean upland sand was placed over the bags to create the proper grade and the cap stones were replaced. The USACOE is hoping that the sand bags will act as a plug and prevent the embankment material from being pulled out from under the sheet steel which originally led to the sink hole.  The first test of the repair took place during the next couple of days with the waves from tropical storm Jose. This repair is a stop gap measure. We will just have to wait and see how it holds up under real world conditions. The repair was monitored after the waves from Jose and some expected settling of the patch took place but it is holding up well. I want to take a moment to thank Superintendent Gunther for the terrific job he did.  Less than 2 hours after the Village received the DEC permit to commence the project his crew was here and working. In preparation, Pete already had the sand bags picked up, pre-filled and staged at the TOH highway depot so they were ready to go at a moment’s notice.  He was determined to get the work done prior to any effects from Jose.  The support from the TOH for the residents of Asharoken and Eaton's Neck is really appreciated.  I would also like to thank Trustee/Police Commissioner Mel Ettinger for spending the day at the site.

 

On September 23rd the Village ran its annual Coastal Cleanup.  I would like to thank Deb Masterson, Cathy Zimmermann, Tracy Aboff and Pam Pierce for the outstanding job they did organizing and conducting the event.  Once again, a 20 yard dumpster was nearly full of trash that was removed from the local beaches.  I also want to thank TOH Deputy Supervisor Patricia Delcol and the Town of Huntington for providing the dumpster.

 

September 28th along with TOH Councilwoman Edwards and, NYS Legislature Andrew Raia, I co-hosted an emergency response training seminar at the Eaton’s Neck Fire House.  This was an educational lecture on preparing for an emergency; all participants received a backpacked filled with emergency gear.

On September 29th the Village hosted a memorial service for former Chief of Police Henry Brooks. He started in the police department in 1964 and retired in 1992. He served as Chief for over fifteen years. The service was attended by Henry’s family, former Police Commissioner George Ayer, officers from the Suffolk County Police Department, the Northport Police Department and former and present members of the Asharoken Police Department. The service shed much light onto how special a person Henry was. He served the Village with distinction and was responsible for laying the foundation for the incredible force we have today. It truly was an honor and pleasure to have known and worked with Henry.

The Village concluded contract negotiations with the Asharoken PBA and a resolution is on the agenda this evening to authorize the Mayor to sign the new four year contract.  I would like to thank the PBA negotiating team for a very professional and respectful approach during our meetings.  I was ably assisted by Deputy Mayor Pierce.  The contract calls for a 2% per year pay increase for officers presently employed by the department.  The salary for any new full time officer hired during the 4 years of the contract will remain the same as they were in the previous 5 years.  A clause was added to continue health insurance at the Village’s cost for the surviving spouse and dependents for an officer who dies while employed by the Village. This is a standard item found in most police contracts. The Village agreed to this because of the salary freeze for any new officers.  Small increases were made to the cleaning and clothing allowance, step raises for the part time officers and the addition of “parent in law” for bereavement days. I believe that this is a fair contract for both the Village and the PBA and will allow having an excellent Police Department for many years to come.

Finally, the Village is in the process of engaging First Coastal Consulting, Aram Terchunian President of FFC will be providing engineering advice in regards to the restoration of the seawall and beach fronting it. The Village is working with the TOH to share all consulting costs equally. The Village and Town cannot go forward with any projects of this scale and complexity without having an expert in the field to guide us.  First Coastal’s assistance will assure that we will end up with the best possible solution to the long standing seawall issues.

Trustee:

Deputy Mayor Pierce reported that during the month she attended a meeting with Mayor Letica and the Asharoken PBA regarding the police contract and reviewed it several times along with other village’s contracts for comparison.  She reviewed the proposed local law for unsafe buildings and property maintenance as well as other municipalities for the same.  She reviewed the First Coastal   proposal various documents for the shared services imitative including the plan that was adopted mid September as well as the minutes and vouchers.  She attended the Cow Harbor Parade and participated in the coastal Clean-up.

 

Mayor Letica pointed out that he voted for the shared services plan on behalf of the Village.

 

Trustee Ettinger reported that September was a busy month. On September 8th he attended the emergency meeting; on September 12th he met with Mayor Letica regarding the seawall problem.  On September 15th along with the Mayor he assisted in supervising the repair of the seawall, he noted that the Huntington Highway department did an amazing job.  He spent the remaining time monitoring the seawall with the anticipation of the hurricane.  He reported that he participated in the Cow Harbor Parade; he attended the emergency preparedness meeting held at the ENFD.  On the 29th of September he attended the memorial for former Chief of Police Henry Brooks. He attended the semi-annual firearms certification exercise at the Suffolk County police range. He reviewed the proposed draft of the local law Chapter 46, the police contract, FOIL responses, and monthly vouchers and had several discussions with residents.

 

Trustee Burke reported that she attended the 9/11 Memorial Service which was part of the Cow Harbor Wounded Warrior weekend, she attended the Memorial Service for former Chief of Police Henry Brooks, took photos for the upcoming newsletter.  She reviewed proposed local law Chapter 46, reviewed the minutes monthly vouchers and resident correspondences.

 

Trustee Jablonski reported that he reviewed the monthly minutes, emergency meeting minutes, monthly vouchers, proposed local law chapter 46, correspondence with residents and First Coastal proposal.

 

Village Attorney:  Bruce Migatz reported that the planning board and the zoning board did not meet in September.  The ERB did meet on September 25th they concluded their review of all the documentation and voted 3-2 to recommend to Board of Trustees that both applications be disapproved.   Upon receipt of the transcript of that meeting I will prepare a proposed decision to circulate to them for them to review, modify and adopt at their next meeting which is on October 30th that will then be presented to the Board of Trustees.  I reported at the last September meeting that the Duck Island Subdivision Article 78 had been adjourned to September 29th to afford the attorney for the petitioner Browne to submit papers in reply to the opposition papers submitted by the Village and Duck Island Corporation. That adjournment request was submitted to the court, the court adjourned it to October 5th for their internal reasons.  That will be presented to the court on October 5th; he noted that he should be receiving reply papers on October 4th. The decision he anticipates will be rendered between 30-60 days following October 5th.

 

Village Treasurer: Emily Hayes Treasurer reported that the Village received revenue of Aim funds in the amount of $4,213.00.  The total vouchers for the month of September were $169,238.07. Included in the vouchers this month are invoices for Northport Village for the fire contract in the amount of $117,882.10, an invoice from Du All Corp. for the replacement of the check valve in the amount of $9,800.00 and a separate bill from our village attorney for fees involved in defending an article 78 in the amount of $9,282.11.  There is a separate resolution to approve vouchers and budget transfers.

 

Officer-In-Charge:   Ray Mahdesian reported that the department has concluded the marine season. A memorial service was conducted at the Village Hall on September 29th for retired police officer Chief Henry Brooks. The department issued 31 summonses for the month no arrests.

Trustee Ettinger credited Officer Mahdesian for a wonderful job planning the Memorial Service for Chief Brooks and for his family.

 

Sanitation Operator: Barry Bradley reported that Big Blue is running well. The total trash tons was 25.09 tons, single stream 7.84 tons for total tonnage for the month being 33.9 tons.

 

Superintendent of Buildings: Doug Adil reported that he reviewed plans for alterations to a home on Asharoken Avenue; they were marked revised and resubmit. He reviewed final plans for a landscape construction for a new house at 161 Asharoken Avenue. He inspected a gas piping and pressure test at 315 Asharoken Avenue. He attended the ERB meeting to review the applications for two dock applications on September 25th. He reviewed plans for alterations to an existing garage located at 161A Asharoken Avenue; the original plans included a cupola that exceeded the height limit.  The revised plans showed the cupola was removed avoiding an application for a variance. Eight inspections were performed for the month.

 

Conservation Board Chairman:  Marty Cohen noted nothing to report.

 

Public Hearing: On Local Law #4-2017 repealing Chapter 46 of the Village Code entitled “Buildings, Unsafe” and adopting a new Chapter 46 entitled “Buildings, Unsafe and Property Maintenance”.

Publication was read by Village Clerk, Nancy Rittenhouse

 

Mayor Letica noted that the Village has had a number of properties in the village that have been left in substantial disrepair. In spite of the Village’s best efforts working with the owners we have been unable to effectuate these problems. We have a home with an abandoned swimming pool and have tried everything within our powers to rectify the problem.  Our present code does not allow the village to go in and take action on our own and bill back the property owner in a form of a lien against the property.  The proposed change in the code is for situations that are dangerous, unsightly, have safety issues and that have a material effect on the neighbors. We feel that this is an appropriate time to improve our code that is much in line with our neighboring communities. 

 

Mayor Letica opened up the Public Hearing:

During the public hearing four comments were made.

1.       A comment was made on the wording in the document, for example “unsightly and junk”, could be misinterpreted.  The wording in the proposal code is subjective. Also her concern was if you have a natural landscape on your property could this be considered a violation. She noted that it is important to get the wording right so it can be enforceable.

Mayor Letica pointed out that this is the type of code that when you see it you know it.  This proposed code is really for properties that are totally unkempt and ignored for years and it depreciates the value of the properties around it.

2.       A comment was made about the proposed code; he noted that it is a very good start.  But we need some measurable(s) in the proposed code. You need certain words like abandonment which is a sure sign that there may be a problem with the house, it’s essential measure that can be tested, if you have words like abandonment and unoccupied in the code you will have a reason to carry on an investigation. More measureable quantities may be needed.

3.       A comment was made about two houses that are located near the speaker’s home.  One of the properties has a dumpster in the driveway, the garage door is open, and there is sitting water on a tarp.  Also there is another property that the lawn is un-kempt and not maintained. The property should be maintained by the property owner, if not we should be able to put a lien on the property.

4.       A comment was made that the language is over broad and troubling, such as wood, he asked if stacking firewood would become an issue. He also mentioned old cars; the speaker noted that he has antique cars, but having old antique cars parked outside my garage will that be an issue. The speaker felt that it was excessively overbroad and should be defined better. If it can be worded in a way that protects our interest but achieves the goal would work.

Mayor Letica pointed out that if you have cars that are registered its fine. 

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

 

Resolutions;

Resolution (2017-103) Be It Resolved, that the Village Board approves the budget transfers for the month of September 2017.

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Ettinger.

Trustee Jablonski                                           AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-104) Be It Resolved, that the Village Board does hereby approve the vouchers for the month of September 2017 in the amount of $169,238.07.

 

Deputy Mayor Pierce made a motion to approve, seconded by Mayor Letica.

Trustee Jablonski                                           AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-105) Be It Resolved, that the Village Board does hereby approve the Local Law #4-2017 a local law repealing Chapter 46 of the code of the Village of Asharoken entitled “Buildings, Unsafe” and adopting a new chapter 46 entitled “Buildings, Unsafe and Property Maintenance” to take effective remedial action regarding unsightly, dangerous or unsafe conditions of property, buildings and structures located within the Village of Asharoken, effective once filed with the Secretary of State.

Mayor Letica made a motion to approve, seconded by Deputy Mayor Pierce.

 

Mayor Letica asked Attorney Migatz to respond to some of the comments that were made during the public hearing.  Attorney Migatz noted that this is not like a state building code regulation where it is cut and dry. This is more akin to a zoning law where you are seeking a variance, the zoning board has to determine whether the request will have an adverse impact on the community this is subjective. If you make it too ridged you will handcuff the villages ability to take action when appropriate. He noted that he drafted the code per the request of the Board, he noted that he looked at the current law, the Village of Northport’s law Huntington’s law, sample codes from General Code and he relied on his 41 years of municipal practice in this area.  This language unsightly is typical language used in these property maintenance codes and they are enforced by the courts. Any law is subject to challenge that it is vague.  This law mirrors most of the other municipal laws.  The safety valve for the resident is that the Superintendent of buildings gives a violation and along with a report to the Board of Trustees; the property owner is allowed to come before the board of Trustees to state their case before any action is taken.  You have to look at the legislative intent; the intent is to remedy the conditions that are a detriment to the village and village residents. The Board of Trustees is a safety valve to act and interpret the law, it’s not unlike many other laws. This law is similar to most municipal laws, some municipal laws go overboard, and I feel that I have not done that in this draft.

 

Trustee Burke asked about the subjectivity of the term “unsightly”. Attorney Migatz pointed out that you have to interpret what is unsightly in context of the legislative intent, is there a detriment to other properties. Aesthetics is something that should be addressed as well.

 

Superintendent of Buildings, Doug Adil addressed that the language under emergencies.  He noted that Asharoken is unique where we do not have a Fire Marshall.  The Northport Fire Marshall or Northport Fire Department may arrive first at the site and address the structure and determine if it is unsafe or not.  I may not be available or be the first one at the site to determine if the structure is unsafe. I want to make sure we don’t preclude the Northport Fire Marshall who will review the structure.

 

Attorney Migatz noted that the Fire Marshall is not a code enforcement officer he/she is not trained in building codes to determine if the building is unsafe. A Fire Marshall can look at a building and determine that it doesn’t look safe. To declare it unsafe you really need a person who is trained like the Superintendent of Buildings in NYS building codes. Attorney Migatz pointed out that we have provided for this, in the proposed code.  The Superintendent of Buildings is defined as; “the Superintendent of Buildings of the Village of Asharoken or such other individual appointed by the Board of Trustees to enforce the previsions of this chapter”. If there is an emergency and Doug Adil is on vacation the board can appoint an architect or engineer someone who is trained in the NYS codes to assess the structure if it is unsafe.

 

Doug Adil noted that we should have someone in place in his absence, so we are not scrambling for someone.

 

Mayor Letica noted that the property owner can appeal to the Board of Trustees and then you have five people looking at this in a reasonable manner.  There is that protection that there is not only one person reviewing the appeal.

 

Attorney Migatz noted that a person will always have a right to appeal to the courts with any administrative decision.

 

Deputy Mayor Pierce noted that we all have read the other municipalities and they are very similar in the wording and they have functioned a long period of time with that wording its proven and it works.

 

Mayor Letica noted that in the first section a lot of this is similar to Northport, but we removed some of the language and toned it down for example paint peeling on a house, which is not what we wanted to include.

 

Trustee Jablonski noted that he agreed with the comments from the public hearing, the more and more I read the proposed law I became more comfortable with it. I understand what Attorney Migatz is saying and appreciate the intent of it; he noted that there is structure in place to handle this and a process in place as well.

 

Mayor Letica noted that if the board adopts and law and problems occur with the law the board could amend the law and modify it. Not other comments were made from the Board.

 

Roll Call:

Deputy Mayor Pierce                    AYE

Trustee Ettinger                              AYE

Trustee Burke                                  AYE

Trustee Jablonski                           AYE

Mayor Letica                                     AYE

 

Resolution (2017-106) Be It Resolved, that the Village Board does hereby approve the adjustment to the fiscal budget for year end 5/31/2018 to increase the Public Works Catch Basin account (A1490.400) for $9800.00 and Increase Start Income (A1000.00) for $9800.00.

 

Mayor Letica made a motion to approve, seconded by Trustee Ettinger.

Trustee Jablonski                                           AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-107) Be It Resolved, that the Village Board does hereby approve the adjustment to the fiscal budget for year end 5/31/2018 to increase the Building Expenses account (A1620.400) for $1600.00 and Increase Start Income (A1000.00) for $1600.00.

Mayor Letica made a motion to approve, seconded by Trustee Ettinger.

Trustee Jablonski                                           AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-108) Be It Resolved that the Village Board does hereby authorize the Mayor to sign a four- year contract to be offered to all full-time police officers and part-time police officers covered by the collective bargaining agreement between the Incorporated Village of Asharoken and the Police Benevolent Association of Asharoken, effective June 1, 2017.

 

Trustee Ettinger made a motion to approve, seconded by Deputy Mayor Pierce.

Trustee Jablonski                                           AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-109) Be It Resolved that the Village Board does hereby authorize the Mayor to sign the proposal from First Coastal Consulting for professional consulting services on the Seawall Repair to work on behalf of the Town of Huntington and the Village of Asharoken in order to facilitate the implementation of a long term and sustainable reconstruction of the seawall, and furthermore First Coastal Consulting is assisting to implement the reconstruction of the seawall as part of a Coastal Storm Risk Management project under Disaster Assistance Appropriations Act of 2013 passed by Congress Following Hurricane Sandy; the proposed consulting expenditures incurred will be shared equally between the Incorporated Village of Asharoken and the Town of Huntington, the passing of this resolution is subject to the Town of Huntington approving its cost sharing agreement with the Village of Asharoken.

 

Deputy Mayor Pierce made a motion to approve, seconded by Trustee Jablonski.

Trustee Jablonski                                           AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Resolution (2017-110) Be it Resolved that the Village Board does hereby approve the street work permit for National Grid to install a gas hook-up for 101-103 Asharoken Avenue, surety performance bond is on file for $10,000.

 

Mayor Letica made a motion to approve, seconded by Deputy Mayor Pierce.

Trustee Jablonski                                           AYE

Trustee Burke                                                  AYE

Trustee Ettinger                                              AYE

Deputy Mayor Pierce                                    AYE

Mayor Letica                                                     AYE

Motioned Carried.

 

Mayor Letica opened up the meeting for public session.

During public session, no comments were made.

 

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 October 3, 2017 Regular board meeting of the Board of Trustees was adjourned at approximately 8:35pm.              

Signed: _____________________________________________

                Nancy Rittenhouse, Village Clerk