Approximate Attendance (35)
Bruce Migatz, Village Attorney
Barry Bradley, Sanitation Operator
Doug Adil, Superintendent of Buildings
Marty Cohen, Chairman of the Board of Conservation
Trustee Jablonski made a motion to approve the regular board minutes for November 14, 2017 seconded by Deputy Mayor Pierce.
Mayors Report;" It has only been three weeks between meetings and with the Thanksgiving Holiday falling within that time span I have a short report this evening. I spent a good deal of time reviewing the Environmental Review Board transcripts and supporting documentation during the last three weeks. I attended a meeting with the Duck Island Dredge Committee.
The Village's new local law on unsafe structures and unsightly properties continues to pay dividends. A home with an abandoned pool has been remediated since our last meeting. The Village had been trying to rectify this situation for many, many months without any success prior to the adoption of the law. The four properties that motivated the Village to adopt the local law have had major improvements in their appearance and safety.
The Village is looking forward to hosting a meeting on December 15th with Congressman Suozzi, the ACOE and the NYSDEC to continue discussions on the seawall repair.
On December 17th the Village will be having a Holiday acapella concert by the group "Valance" from 3pm to 4pm, and Santa and Mrs. Claus will be arriving at 4pm. This is a great event for everyone and I look forward to seeing you there. I would like to thank Judy Ross for the lovely Christmas tree ornaments that she made and also thank the Asharoken Garden Club for their Christmas wreath donation. Also I would like to remind everyone that starting on January 9th the Board of Trustee meetings will start at 6:30 PM.
Trustee:
Deputy Mayor Pierce reported that she attended the Duck Island Harbor Dredging Committee meeting; she reviewed the dock material, minutes, and this month's vouchers. She reviewed the IMA with the Town of Huntington for cost sharing and the contract with First Coastal Consulting. She wished everyone Happy Holidays.
Trustee Ettinger reported that during the month of November he spent time reviewing police related matters. He also reviewed the dock material, correspondences, FOIL's, minutes, this month's vouchers. He wished everyone a very happy season and a healthy New Year.
Trustee Burke reported that she reviewed this month's minutes, the ERB minutes and transcripts and this month's vouchers and correspondences.
Trustee Jablonski reported that he reviewed the material regarding the docks, and walked the Ida Smith property shore line. He reviewed the monthly minutes, vouchers, and also attended the Duck Island Dredging Committee meeting.
Village Attorney: Bruce Migatz had nothing to report.
Village Treasurer: Emily Hayes Treasurer reported that the vouchers for the month of November were $190,710.56. Included in the vouchers this month was a payment to NYS for the village's annual pension contribution of $164,937.00. There is a separate resolution to approve vouchers and budget transfers.
Officer-In-Charge: Officer Ray Mahdesian reported that there were 47 summonses issued, 1 arrest and no reported burglaries in the village for the month of November.
Sanitation Operator: Barry Bradley reported that Big Blue is running well. The total trash tons was 29.48 tons, single stream 10.27 tons for total tonnage for the month being 41.49 tons. Yard waste was 1.74 tons a total of 142 bags.
Superintendent of Buildings: Doug Adil reported that he re-reviewed plans for landscape construction for a home on Bevin Road, relative to zoning issues. He noted that based on the Notice of Violation under section 46 of the Village Code the following properties were either cleaned up or secured.
· 3 Bevin Road, the exterior of the home was closed with plywood to secure it.
· 37 Bevin Road yard was cleaned up and the landscaping was addressed.
· 152 Asharoken Avenue the rear property/pool was cleaned up and secured.
He reported that he continued discussions on plan requirements with a homeowner for elevating the home in the NY Rising Program. He re-reviewed plans for alterations to a home on Kew Court; he re-reviewed proposed tennis court lighting submittal for compliance with the Village Code. Nine inspections were performed for the month.
Conservation Board Chairman: Marty Cohen had nothing to report.
New Business: The Board of Trustees held a discussion on two recommendations submitted by the Environmental Review Board (ERB) on two dock applications from the Akeson applicant and the Giunta applicant.
Mayor Letica asked all the trustees if they had enough time to review the material and if they feel they are adequately prepared to discuss this. All the trustees responded yes. Mayor Letica asked the trustees if they need additional information. All the Trustees responded no.
Mayor Letica thanked the Environmental Review Board, Chairman Doug Vaughn, Planning Board Chairman Patrick Cleary, Conservation Board Chairman Marty Cohen, Zoning Board Member Michael Elsas and Building Inspector Doug Adil. As a group, they worked very hard and devoted a lot of their free time to studying the applications from the Giunta and Akeson families. I sincerely appreciate their efforts reviewing all the testimony and documents needed to reach a recommendation. The ERB was created by the Board of Trustees for the purpose of studying the applications of docks in the Ida Smith property area and making recommendations to the Board of Trustees on whether or not the applications should be approved. Prior to making the recommendations on the Giunta and Akeson applications the ERB conducted an extensive review. The ERB held seven meetings heard hours of oral testimony, was given hundreds of pages of written comments and consulted with an outside engineering firm. He noted that he read the transcripts of all seven meetings and reviewed the written material that was submitted to the ERB. He felt that the ERB did a thorough job collecting the information they needed to reach a decision. There is substantial evidence in the record to support the ERB recommendation. Therefore, in his opinion the Board of Trustees should accept the recommendation of the ERB to disapprove the Giunta and Akeson dock applications.
Trustee Burke noted that she had nothing to add, she agreed with Greg's comments 100%.
Trustee Ettinger, noted that he felt the same way as what the Mayor said, he noted that he reviewed the material, and testimony and the documentation from the environmental organization and also believed that the ERB spent a lot of time and a lot of deliberations and agrees with their conclusions.
Deputy Mayor Pierce stated that she read and reviewed all of the material regarding the two dock applications submitted by both the applicants and the objectors to the Environmental Review Board. This was an extensive amount of documentation since the process started over two years ago with the public hearing which was extended for seven meetings to examine all of the points by both sides as pertaining to the conditions set forth in the village code: section 125-22. She noted that in her opinion the ERB did a thorough public hearing and deliberation in reaching their recommendation to disapprove the applications as per the code. She agreed with their recommendation.
Trustee Jablonski thanked the ERB for its careful review of the application and testimony's and documents in support and opposition of the regulations within Chapter 125 of our Village Code. After thoughtful consideration of chapter 125 of the Village Code he agreed with the ERB position.
Attorney Migatz reported that the ERB did not conduct a review under the State Environmental Review Quality Review Act, because they were not taking an action as defined in the SEQRA regulations they were only making a recommendation. The village Code provides for the Board of Trustees to conduct the SEQRA review. The resolutions that are on the agenda end in a blank. If this board were to contemplate not accepting the ERB recommendation, the application would have to be continued pending SEQRA review by this Board of Trustees, if this Board of Trustees is of a mind to accept the ERB recommendation and deny the applications then no SEQRA review is required.
Mayor Letica noted that based on advice of counsel and statements from the trustees I would propose that we go forward with resolutions 2017-127 and 2017-128 with the additional final word in the resolution that would say "the application is disapproved".
Resolution (2017-127) WHEREAS, by letter dated September 24, 2015 from Land Use Ecological Services, Inc., Daniel Akeson (the, "Applicant") filed with the Village Clerk an application for a Dock Permit for the premises 255 Asharoken Avenue, Asharoken, New York (the, "Application"), and WHEREAS, pursuant to Section 125-22.4 of the Code of the Village of Asharoken, the Village Clerk referred the Application to the Environmental Review Board (the, "ERB") to review and make a recommendation to the Board of Trustees whether or not the permit should be approved, and WHEREAS, the ERB conducted a public hearing on the Application on November 23, 2015, May 23, 2016, June 27, 2016, July 25, 2016, October 24, 2016 and September 25, 2017 at which all interested parties were afforded the opportunity to be heard, and WHEREAS, at its October 30, 2017 meeting the ERB adopted a decision setting forth its findings and recommending disapproval of the Application, and WHEREAS, pursuant to Section 125-22.6 of the Code of the Village of Asharoken the ERB submitted its recommendation to the Board of Trustees; and WHEREAS, the Board of Trustees reviewed the findings and recommendation of the ERB, NOW THEREFORE BE IT RESOLVED, based on the findings and recommendation of the ERB, the Application is disapproved.
Resolution (2017-128) WHEREAS, by letter dated September 24, 2015 from Land Use Ecological Services, Inc., Philip Guinta (the, "Applicant") filed with the Village Clerk an application for a Dock Permit for the premises 241 Asharoken Avenue, Asharoken, New York (the, "Application"), and WHEREAS, pursuant to Section 125-22.4 of the Code of the Village of Asharoken, the Village Clerk referred the Application to the Environmental Review Board (the, "ERB") to review and make a recommendation to the Board of Trustees whether or not the permit should be approved, and WHEREAS, the ERB conducted a public hearing on the Application on November 23, 2015, May 23, 2016, June 27, 2016, July 25, 2016, October 24, 2016 and September 25, 2017 at which all interested parties were afforded the opportunity to be heard, and WHEREAS, at its October 30, 2017 meeting the ERB adopted a decision setting forth its findings and recommending disapproval of the Application, and WHEREAS, pursuant to Section 125-22.6 of the Code of the Village of Asharoken the ERB submitted its recommendation to the Board of Trustees; and WHEREAS, the Board of Trustees reviewed the findings and recommendation of the ERB, NOW THEREFORE BE IT RESOLVED, based on the findings and recommendation of the ERB, the Application is disapproved.
Resolution (2017-129) Be It Resolved, that the Village Board approves the budget transfers for the month of November 2017.
Trustee Ettinger made a motion to approve, seconded by Mayor Letica.
Deputy Mayor Pierce made a motion to approve, seconded by Trustee Jablonski.
Mayor Letica made a motion to approve, seconded by Trustee Jablonski.
Resolution (2017-132) Be It Resolved that the Village Board does hereby approve the payment to transfer from the Sanitation Fund Reserve account #5059 for $5,545.00 for two major replacement parts for the Sanitation vehicle (turbo & intercooler) to the Money Market Account #5018.
Trustee Jablonski made a motion to approve, seconded by Trustee Ettinger.
Resolution (2017-133) 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 Sanitation Vehicles Repair account (A8160.452) for $5,545.00 and Increase Start Income (A1000.00) for $5,545.00.
Mayor Letica made a motion to approve, seconded by Trustee Ettinger.
Resolution (2017-134) Be It Resolved, that the Village Board does hereby approve the awarded grant of $8,800.00 for police protective equipment through the Division of Criminal Justice Services.
Resolution (2017-135) Be It Resolved that the Village Board does hereby authorize the Mayor to sign the proposals from General Code; codification services (Supplement No.32) for new legislation, cost not to exceed $3,275.00 and (Standard eCode360) an electronic file and access application of the updated Village Code for an annual maintenance fee of $995.00, the initial six months of maintenance service fee and setup fee for the standard eCode360 application have been waived, proposals approved as to form by our Village Attorney.
Village Clerk noted that the annual fee of $995.00 will be budgeted in next year's fiscal budget. She addressed the important points of the new eCode360 application. Village Attorney recommended the eCode360 application as well.
Resolution (2017-136) Be It Resolved, that the Village Board does hereby authorize the Mayor to sign the First Coastal Consulting Contract for professional consulting services for the reconstruction of the Eaton's Neck Causeway/Asharoken seawall in order to facilitate the implementation of a long-term and sustainable reconstruction of the seawall, contract term is for one (1) year commencing December 6, 2017.
Resolution (2017-137) Be It Resolved, that the Village Board does hereby authorize the Mayor to sign the Inter-municipal Agreement between the Town of Huntington and the Town of Huntington Board of Trustees and the Incorporated Village of Asharoken to share costs equally for professional consulting services from First Coastal Consulting for the reconstruction of the Eaton's Neck Causeway/Asharoken seawall in order to facilitate the implementation of a long-term and sustainable reconstruction of the seawall, the Inter-municipal agreement term is for one (1) year commencing December 6, 2017.
Mayor Letica opened up the meeting for public session.
During public session, four comments/questions were made.
1. A resident commented on the dock decision. He noted that after reading the dock law of 1994 he noted that the applicants met the requirements. He asked what the reason was to add the 1994 law.
Mayor Letica noted that the village passed a law prior to the present law that banned docks. That law was disallowed because of a procedural matter due to the Village not notifying the Suffolk County Planning Board prior to its adoption and the village had to withdraw the law. The village then changed the law from a prohibited law to a regulatory law. Mayor Letica noted that there are two components to the law. The first component is the width and length of a dock and how a dock is anchored and removed from the water. The second component is what affects will these docks have on the surrounding area. In order for the dock to meet the criteria for approval it must pass on both components. When you read the transcripts you get a clear sense from the ERB that they felt that these docks were going to cause other problems that are enumerated in the law; for that reason the ERB decided to recommend that the docks be disapproved. The dock law pertains to the (Ida Smith) area because the property owners own the land under the water. The intent of the law is clear and notes the uniqueness of that property (Ida Smith) area.
2. A resident commented on the dock decision. She pointed out that there was no intention of approving these dock applications. The ERB had us go through months and months of hearings, lawyer's fee and an environmental study. Why wasn't this application denied 18 months ago?
Mayor Letica pointed out that the ERB is an independent board to work on dock applications. They work on their own time schedule. They are independent; the board of trustees does not get involved with their review and their final decision during the process. Their task is to give the Board of Trustees a recommendation. This is the first time we have gone through this process. There was a previous dock application but the applicant after reading the intent of the ordinance withdrew the application because they felt that the dock was likely to become intrusive to their neighbors and their enjoyment in that area.
The resident asked "what is the reason the dock was denied". Mayor Letica noted that the ERB reached a decision that the docks should be disapproved because it would result in detrimental effects that are enunciated in the law. There are approx. six things noted in the law; swimming, boating, pollution, noise, changing of the vista, all these were considered by the ERB to come to their recommendation.
3. A resident thanked the Board of Trustees, and the ERB. He noted that they worked very hard. This was a very difficult effort for all parties.
4. A resident commented on the new time of the board meetings. He commented that the new time 6:30pm is dinner time and could be difficult for people who have late meetings, or commuters. Mayor Letica pointed out that the current meetings end late, other communities hold their meetings at 6pm and also some communities in the afternoon. We should give the new meeting time a try.
Mayor Letica wished everyone Happy Holiday's and Happy Hanukah.
Mayor Letica made a motion to close the public session, seconded by Trustee Ettinger.
The December 5, 2017 Regular board meeting of the Board of Trustees was adjourned at approximately 8:35pm.