Board of Trustees

Board of Trustees Minutes April 27, 2020 Meeting called to order at 7:34 p.m. MEMBERS PRESENT: Mayor Dennis Siry, Deputy Mayor Kevin Smith, Trustee Jessica Bernius, Trustee Thomas Whalen, Trustee Michael O’Neill ALSO PRESENT: Acting Chief of Police Bryan Burton Superintendent of Public Works Bruce S. Hopper Chief of Fire Department Leland Greey Building Inspector Bryan Donato Village Attorney Bruce Kennedy Clerk/Treasurer Catherine Murdock Deputy Treasurer Tiffany Ladd Assistant to the Mayor Wendy O’Neill The salute to the flag was led by Acting Chief of Police Bryan Burton. The Mayor requested a moment of silence in memory of Ex-Captain Harold Smith, a 68-year volunteer member of the Fire Department and father of Deputy Mayor Kevin Smith and Roger Smith, Zoning Board of Appeals member. Mayor Siry offered thanks to the Chamber of Commerce and all the organizations who gathered to show their support on April 20th for a healthcare parade on Louden Avenue. Mayor Siry thanked our health care workers, Fire Department, Police Department and Department of Public Works along will all other first responders and essential workers who help the Village function during the COVID crisis. He indicated this will be Chief Leland Greey’s last meeting as outgoing Chief of the Amityville Fire Department, and thanked him for his service and dedication. Due to social distancing, formal recognition will follow at a later date. The Trustees joined in expressing their congratulations and thanks. Mayor Siry welcomed everyone to the April 27th meeting of the Board of Trustees, which was conducted online via video as well as by telephone using Zoom Meeting. Attendees were reminded to raise their hands and were advised of the three-minute time limit for questions. Committee Reports were presented by the Trustees for the month of March: DPW (Trustee O’Neill) – crews have done a wonderful job of cleaning and disinfecting Village facilities. Superintendent Hopper has created sneeze screens to ensure safety at Village Hall and Building Department, and the Court Room will be receiving screens soon. 1  Board of Trustees Minutes April 27, 2020 The Chamber of Commerce has put up thank you signs/banners to thank essential workers and support businesses on Broadway and on the LIRR. Street sweeping is ongoing, spring preparations have been begun, and dumping at the Beach and under the LIRR has been cleaned up. He asked that everyone play a part in using the trash receptacles for gloves and masks, which are appearing more and more on the streets. We have ordered fuel to take advantage of the drop in fuel prices. Mark-outs have also been made throughout the Village for pole transfers. He also reminded all that the Blue Angels will be doing a flyover tomorrow to thank healthcare workers. Fire Department (Trustee Whalen) – thanked Chief Greey for all he has done and all the volunteers responding to so many calls this month. He reported: 8 commercial fire alarms, 1 car fire; 173 rescue, 3 car accidents; 2 mutual aid with working fires; 4 mutual aid CO/gas; 8 calls for members miscellaneous CO/gas; 6 residential automatic alarms; 60 mutual aid calls in addition to figure above. COVID – 14 members sick and 11 tested positive for COVID. 1 member is deceased, one is due to return to work this week, one is out with femur fracture, and 11 members returned back for duty. The Chief elections are on May 7th. In the midst of the pandemic, the Easter Bunny run was held and was appreciated by the residents. He shared that there was an electrical short in headquarters due to the old generator being transferred. And finally, he offered condolences for the loss of Ex- Chief Murney Lewis and Ex-Captain Harold Smith. Village Justice Court (Trustee Bernius) – $21,044 total reported; $8,577.00 Village Justice; $3,262.00 Assoc. Village Justice; and $9,205.00 Parking Violations. Penal/Criminal, Vehicle & Traffic, and Village Ordinances: 72 charges processed; 90 charges closed out; and $11,839.00 collected in fines and surcharges. Parking: 118 tickets processed; 90 collected on; $9,205.00 collected in fines/penalties collectively. Senior Court Clerk Shannon Kokoneshi reported that Village Court was cancelled on March 17th and March 24th due to COVID 19 health concerns. The closure was in accordance with the directives and guidance of the NY State Unified Court System. Court proceedings have been adjourned for nonessential matters until further notice. Staff was reduced to the Senior Justice Court Clerk working remotely and reporting to the office multiple times a week, then reduced to reporting once a week for office matters. At the onset, all pending temporary orders of protection were extended for 90 days. Essential matters such as new arrests, issuing new temporary orders of protection, issuing subpoenas, warrants and ACODs continue to be heard and processed. The Judge has continued to coordinate by teleconference with the staff, Mayor and District Administrative Judges, office to name a few. Temporary relief has been given for time-sensitive tasks however, our Judges Reports were filed ahead of the April 9th deadline. All nonessential administrative matters are adjourned until May 30th for defendants not in custody. She also thanked DPW for the new barriers in the Court Room. The Village Court will participate in the County Court’s Skype pilot program for non-misdemeanor vehicle/traffic law hearings. 2  Board of Trustees Minutes April 27, 2020 Amityville Beach (Trustee Bernius): We are in the process of sending out letters for Summer Employee rehires with the stipulation that we get approval from the State and County to go forward. Our Senior Center has been closed but Coordinator Mayra Lee has been in touch by phone with participants every week. Amityville Police Dept. (Trustee Smith deferred to Chief Burton): 9 arrests; 420 blotters; 61 citations, 78 medical aided and 21 traffic accidents. A homicide/possibly a drug robbery took place at 100 Park Ave., 5:15 a.m. on April 16, 2020, where an occupant Romero Williams, age 25, was killed. A second individual was shot and found at St. Joseph’s Hospital. A week later at Stop and Shop, a man selling watches was robbed by an individual known to police locally. This individual is wanted for the crime and for later brandishing a firearm/domestic battery. Building Dept. (Deputy Mayor Smith): March Revenue $52,586.94. Although the Building Dept. is closed currently to the public, applications are available on the Village website Amityville.com and can be mailed in. We are doing our best to process all complaints and FOIL requests during the COVID-19 closure. When permitted to restart we will process applications. Mayor’s Actions: Mayor Siry requested the approval of the Board of Trustees minutes from April 6, 2020 MOTION to APPROVE was made by Deputy Mayor Smith and seconded by Trustee Whalen Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Mayor Siry requested to hire Evan Krohn, 101 Southgate Circle, Massapequa Park, NY 11762, as a call in EMT at the hourly rate of $21.50, with a raise to $22.00 per hour after three months (7/28/2020) and approve waiver of residency MOTION to APPROVE was made by Trustee O’Neill and seconded by Trustee Bernius Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays 3  Board of Trustees Minutes April 27, 2020 Landscaper License – Renewal Michael Terlato, 725 Route 109, West Babylon, NY 11704, for Earthway Landscaping MOTION to APPROVE the above four applications (a. through d. on the agenda) was made by Trustee Bernius and seconded by Trustee O’Neill Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Taxicab (Renewal): Michelle Phillips, 362 Hoffman Ave., Lindenhurst, NY 11757 for Lindy’s Taxi MOTION to APPROVE was made by Trustee Whalen and seconded by Deputy Mayor Smith Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Deputy Treasurer Request to approve the abstract from April 3, 2020 – April 23, 2020 MOTION to APPROVE was made by Trustee Whalen and seconded by Trustee O’Neill Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Village Clerk/Treasurer Request to pay Siegel and Sitler, PLLC for legal services rendered for March 2020 in the amount of $4,975.00 (A1420.440) Trustee Bernius clarified whether this covered the draft for the Security Dodge stipulations, to which Mayor Siry said yes. (Mayor Siry later corrected a statement he made to Trustee Bernius that the invoice also included work done on a Burch Ave. property). Margaret Shuff, 77 S. Bayview Avenue, asked about Village Attorney Bruce Kennedy’s recusal, due to a conflict of interest. 4  Board of Trustees Minutes April 27, 2020 MOTION to APPROVE was made by Deputy Mayor Smith and seconded by Trustee Whalen Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Request to pay Nelson and Pope for management of Amityville Pavement 2019 invoice 50113 in the amount of $36,000.00 (H5110.401) MOTION to APPROVE was made by Deputy Mayor Smith and seconded by Trustee Whalen Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Request to pay Rosemar Contracting for phase 2 pavement project in the amount of $457,209.99 (H5110.401) MOTION to APPROVE was made by Deputy Mayor Smith and seconded by Trustee O’Neill Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Request to pay Nelson and Pope for management of Amityville Pavement 2019 invoice 50789 in the amount of $48,083.00 (H5110.401) MOTION to APPROVE was made by Trustee Whalen and seconded by Deputy Mayor Smith Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays 5  Board of Trustees Minutes April 27, 2020 Request to pay Coastal Contracting Corp. for the first claim in the amount of $63,681.35 (A1625.440) It was noted that the amount of the invoice should be amended to reflect the correct invoice amount, rather than the $67,033.00 previously extracted for the agenda MOTION to APPROVE was made by Trustee Whalen and seconded by Deputy Mayor Smith Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Request to pay Cashin Associates for engineering services invoice 0320038 in the amount of $1525.98 (A1625.440) MOTION to APPROVE was made by Trustee Bernius and seconded by Trustee O’Neill Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Request to approve the 2020-2021 Village Budget Trustee Jessica Bernius read a statement indicating that the budget is a pre-COVID-19 budget and that she is not in favor of any tax increase on the taxpayers. She stated she must vote her conscience and insists on a pay freeze for non-contractual employees which she believes will continue the financial stability that the current and previous administrations have achieved will continue. She added that she has the utmost respect for the Village’s noncontractual workers who work hard. Trustee Whalen stated that he feels the budget, which comes in under the tax cap, is fiscally responsible. He pointed out that the average increase to homeowners equates to a $5 per month per household. Regarding the proposed salary increases, he noted that many of these employees’ salaries are comparatively low, relative to other industries. Trustee O’Neill concurred, saying much of the budget increases are contractual and it is prudent for us, from a bond rating standpoint, to approve the proposed budget with a minimal increase. This is not the time for us to stop the momentum begun in the previous administration, he said. This budget already anticipates decreases in revenue, and there are areas where we can make adjustments when we have a better idea of where the economy is going to land. 6  Board of Trustees Minutes April 27, 2020 Deputy Mayor Smith also feels this is a responsible and conservative budget. Donelle Cronin, 32 Mole Pl., asked if anyone has asked employees of the Village to forego their raises. Clerk Murdock clarified that the two union employees’ salaries are contractually obligated increases, while one contract is going to arbitration. Mayor Siry said he appreciates everything our workers do, and they are worthy of the increase. He clarified that the raise of two percent equates to $16,000 or just .1% of the budget. He pointed out that the proposed budget includes decreases including: 2% Administrative, 11% Building Dept., Fire Department, 14% Justice Court. Margaret Shuff, 77 S. Bayview Ave., asked whether the $500,000 anticipated Police Department budgetary increases are solely for payouts. The Mayor clarified it is for retirements and contractual pay raises including night differentials. She asked why money is not put away in advance. Mayor Siry replied that for the past five years, starting with the Wandell administration, the Village began putting money away for police retirements. Our reserve fund has now increased by $1.6 million under his administration, he said, which pays for the anticipated retirements. This has given us a favorable bond increase. With no further comments, Mayor Siry put the budget to a vote. MOTION to APPROVE was made by Trustee O’Neill and seconded by Trustee Whalen Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius nay Trustee Whalen aye Trustee O’Neill aye Motion Carried: 4 aye 1 nay Police Department Request to pay Richmond Auto Body for car 10 repair in the amount of $13,516.25 (A3120.231) MOTION to APPROVE was made by Trustee Whalen and seconded by Trustee O’Neill Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays 7  Board of Trustees Minutes April 27, 2020 Fire Department Request to pay Bound Tree Medical for medical supplies in the amount of $5,224.10 (A3410.412) MOTION to APPROVE was made by Trustee Bernius and seconded by Trustee O’Neill Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Department of Public Works Request to pay Omni Recycling of Babylon for removal of 48.6 tons in the amount of $5,003.38 (A8160.442) MOTION to APPROVE was made by Trustee Bernius and seconded by Trustee O’Neill Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Resolution RESOLUTION No. 20-04-27-01 MEMORANDUM OF AGREEMENT RE: COVID-19 WHEREAS the members of the Amityville Police Department have been responding to calls providing services to village residents who have, or may have the COVID-19 virus, and WHEREAS such exposure may result in said members contracting such virus, and WHEREAS said members should be entitled to receive the benefits conferred upon them by §207-c of the General Municipal Law in such circumstances, and WHEREAS because of the highly contagious nature of said COVID-19 virus, it can be unclear how such virus was transmitted, and consequently the members of the Amityville Police Department who have interacted with village residents having said virus should be entitled to a presumption that it was contracted in the course of their duties as a police officer. NOW THEREFORE IT IS RESOLVED AS FOLLOWS: 1) The Mayor of the Village of Amityville be, and he hereby is authorized to execute a 8  Board of Trustees Minutes April 27, 2020 Memorandum of Agreement with the Amityville Police Benevolent Association, Inc. in the form attached hereto creating a rebuttable presumption that any Amityville Police Officer contracting the COVID-19 virus did so in the course of his duties and shall be entitled to receive benefits provided in §207-c of the General Municipal Law and any related contractual benefits. 2) This Resolution shall be effective immediately. MEMORANDUM OF AGREEMENT WHEREAS, the Amityville Police Benevolent Association, Inc. (PBA) and the Village of Amityville (Village) have discussed the ongoing COVID-19 public health emergency and the potential for first responders to be exposed to COVID-19 by virtue of their duties; and WHEREAS, the PBA and the Village are desirous of entering into an agreement to memorialize their mutual understandings and obligations pertaining to impacts of COVID-19; now IT IS HEREBY STIPULATED AND AGREED as follows: 1. Any employee who contracts or has contracted the COVID-19 virus and provides proof by a medical diagnostic or antibody test, shall receive the benefit of a rebuttable presumption that the exposure to the virus occurred in the performance of duty and shall receive benefits pursuant to section 207-c of the New York State General Municipal law and any related contractual benefits. 2. Any employee who contracts the COVID-19 virus shall be required to return to work pursuant to criteria set forth by the NYS Department of Health (DOH) which is currently 7 days since the onset of symptoms, with no fever for 3 days without the use of fever reducing medications, and improvement of other symptoms. If, on the 5th day of isolation, an employee has a fever or symptoms which would prevent him/her from returning to work on the date they are scheduled to return, the employee shall be required to notify the Village and make themselves available for a medical examination at their place of isolation, at the Village’s option, either in person or electronically, unless the employee is hospitalized. If the employee does not have a fever, the employee shall report to duty following the medical examination unless such examination finds that the employee’s COVID-19 related symptoms have not diminished. If the employee has a fever, or is found by the medical examination to not have 9  Board of Trustees Minutes April 27, 2020 diminished COVID-19 symptoms, the employee shall continue to comply with medical examinations as provided above, as deemed necessary by the Village, until the employee returns to work. An employee absent on 207-c shall remain in isolation at their residence except for visits to a medical provider or unless hospitalized. If, after being cleared to work by the medical examination, the employee does not return to work, the employee may remain out using their own accruals for pay, but will continue to receive all other benefits and entitlements pursuant to 207-c. Medical examinations pursuant to this provision shall be conducted only by licensed health care professionals. 3. Whether an employee is able to return to work shall be determined pursuant to the procedure contained herein and shall not be subject to review by grievance, arbitration, court review or any other third-party review. In addition, employees at high risk of injury or death if they contract COVID-19, upon providing the Village with medical documentation of the condition and basis for high risk, shall be permitted to absent themselves from work utilizing accruals. 4. This Agreement is limited to a rebuttable presumption for 207-c and related contractual benefits as to illness caused by COVID-19 only. No liability shall accrue to the Village pursuant to the terms of this Agreement for determinations made by the New York State and Local Retirement System. 5. Nothing contained herein shall be deemed as precedent setting and may not be cited in any other matter, such as but not limited to, any grievance, arbitration, PERB conference or hearing or any other court related proceeding except to enforce the terms of this Memorandum of Agreement regarding COVID-19. DATED: FOR THE ASSOCIATION: FOR THE VILLAGE: ______ Chris Mullin, President Dennis M. Siry, Mayor Amityville Police Benevolent Assoc., Inc. Village of Amityville 10  Board of Trustees Minutes April 27, 2020 MOTION to APPROVE was made by Trustee Bernius and seconded by Trustee Whalen Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Public Commentary: Margaret Shuff, 77 Bayview Avenue, expressed displeasure with way in which the meeting was announced to the public, however, Mayor Siry stated it was announced on the Village website, Facebook page and in the Amityville Record. Trustee Whalen and Trustee O’Neill thanked Mayor Siry and the Department Heads for all their daily work throughout the COVID crisis. Trustee Bernius and the Trustees congratulated Mayor Siry on his retirement, wishing him well. Joan Donnison, 150 S, Ketcham Ave., thanked the Chamber for organizing the healthcare parade at local hospitals and rehabilitation centers, and asked everyone to support local businesses. Mayor Siry acknowledged that in Amityville everybody steps up to the plate, to help each other and our small businesses. He thanked the community and Department Heads, especially the Fire and Police chiefs for their service. Margaret Shuff, 77 S. Bayview Ave., thanked the Mayor for conducting a Zoom Meeting and urged him to continue the practice. She said was unhappy with the meeting turnout. Joseph LaManna, 123 Richmond Ave., disagreed saying the meeting is posted on the Village website and Facebook and was appropriately shared. Mayor Siry replied that the Village will be looking at other video/livestreaming options. He wished everyone a good night and reminded them to remain safe. There being no further comments, Mayor Siry requested to adjourn. 11  Board of Trustees Minutes April 27, 2020 MOTION to ADJOURN was made by Trustee O’Neill and seconded by Trustee Whalen Vote on Motion: Mayor Siry aye Deputy Mayor Smith aye Trustee Bernius aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Meeting adjourned at 8:34 p.m. ____________________ Catherine C. Murdock Clerk/Treasurer 12