Board of Trustees

Board of Trustees Minutes September 14, 2020 Meeting called to order at 7:30 PM MEMBERS PRESENT: Mayor Dennis Siry, Deputy Mayor Kevin Smith, Trustee Jessica Bernius, Trustee Whalen, Trustee O’Neill ALSO PRESENT: Village Attorney Bruce Kennedy AFD Chief Rob Waegerle APD Chief Bryan Burton Superintendent Bruce Hopper Building Inspector Bryan Donato Clerk/Treasurer Catherine Murdock Assistant to the Mayor Wendy O’Neill The salute to the flag was led by Mayor Siry. Mayor Siry welcomed everyone to the September 14th Meeting of the Board of Trustees, conducted via Zoom Meeting. He thanked the Department of Public Works and Superintendent Bruce Hopper for their outstanding work during the recent storm. Mayor Siry then asked the Trustees to provide Committee Reports, as follows: Dept. of Public Works (Trustee O’Neill): Following Tropical Storm Isaias, removed and hauled brush and debris (200-400 yds per day), thanks to Bruce Hopper and the staff who came through in a clutch once again. They repaired the gate at Peterkin Park, and are working on replacing the signage removed for the Oak St. paving/drainage project; called in mark outs for the removal of 12+ stumps; installed new side boards and repaired tarp on #64 dump truck; performed street sweeping; assembled a memorial bench; filled emergency generator with fuel and checked operation to prepare for emergencies; ordered new 2020 6-wheel dump truck with plow and spreader, to replace 25-year-old vehicle. They also repaired a wood chipper, cut grass, watered hanging baskets, and escorted a phone service vendor at Village Hall. They also picked up trash throughout Village (and did beach maintenance/seaweed removal) and prepared for end of season beach closing. DPW crews also prepared Amityville Fire Department Memorial Plaza for the 9/11 remembrance ceremony. Amityville Fire Department (Trustee Whalen): 172 calls, 72 rescue, 28 fire calls in August. Amityville Police Department (Deputy Mayor Smith): For the month of August - 510 Arrests, 48 blotter cases, 62 citations, 3 impounds, 79 medical aided and 17 traffic accidents. A seatbelt campaign has been completed. Justice Court (Trustee Bernius): Grand total reported to the state $9,156.50 ($2,956.50 Village Justice; $2,100.00 Assoc. Village Justice; $4,100.00 Parking Violations). Penal/Criminal, Vehicle & Traffic, and Village Ordinances: 100 charges processed, 21 charges closed out, $5,056.50 collected in fines and surcharges. Parking: 88 tickets written; 39 tickets collected on; $4,100.00 collected in fines and surcharges. 1  Board of Trustees Minutes September 14, 2020 Court office resumed normal business hours on July 28th. Court was in session as of August 18th with new Covid protocols in place. If the trend continues, we intend to be in session each night per the 2020 Court Calendar. Computers in the Courtroom and Judges chambers need to be replaced. Shannon Kokoneshi, Sr. Justice Court Clerk, has been working with the LAN Administrator, through the 10th Judicial District Administrative Judge’s office, to secure three (3) Dell computers. Installation is expected by the end of the month. This is a great saving for the Village. Building Department (Building Inspector Donato): Revenue: $14,153.00 26 Permits Issued, 39 Inspections Performed, 7 Fire Marshal Inspections, Responded to 1 Callout. Outdoor dining – streamlined permit application is working and the quality of life team is enforcing the newly adopted sign code. Mayor Siry stated that the 9-11 Remembrance Service and dedication of the new AFD Memorial Plaza was well done and the plaza looks great. Trustee Whalen added that the Mayor and Trustees also were able to attend the Town of Babylon memorial service, thanking resident Kriss Gulbrandsen for transporting them by boat to Cedar Beach in time for the back-to-back services. Deputy Mayor Smith reported on upcoming events over the coming weekend, including the Farmers Market, the sold-out Drive-in Concert at the Beach and the Kiwanis Flea Market all on Saturday, and the Bay Village Civic Association’s Shredder Event on Oct. 17th. Mayor Siry welcomed Bob Balzani to the Quality of Life team, joining Denise Jacaruso, and they are doing a great job. Mayor’s Actions: Mayor Siry requested the approval of the Board of Trustees minutes from August 24, 2020 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 Mayor Siry requested to approve the hire of Jacqueline Aissa as Secretary to the Planning Board, effective September 14, 2020 at the annual salary of $45,000. 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 With no further Mayor’s Actions, Mayor Siry moved to the agenda items. 2  Board of Trustees Minutes September 14, 2020 Licenses: Landscaper License -Renewal Isabel Rubio-Ortez for Rubio Landscaping Corp., 375 Mazzini Ave., Copiague, NY 11726 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 Automotive License – Renewal Applications on the agenda are subject to stipulations as indicated on the application as well as those being discussed. As previously stated, applicants have 30 days to meet any stipulations, unless the stipulation involves a safety issue, in which case it must be remedied immediately. Harald Hejna for Amityville Foreign Auto, 105 Merrick Rd., Amityville, NY Mr. Hejna responded to questions from the Mayor and Trustees concerning the condition of his lot. He stated that he has begun to remove weeds in his lot, however, Mayor Siry stated that he also would like to see him remove the abundance of vehicles that are in disrepair that have been there for many years. Mr. Hejna cited reasons for the crowded conditions, including Covid and reduced space due to the rental of his lot to Crunch Fitness. He acknowledged that more work needs to be done and will be notifying the owners of cars stored there so he can remove vehicles. The Board asked him to work on remedying the issues and report on his progress in one month. MOTION to TABLE 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 The following agenda items (b. through l. on the agenda) were voted upon as a block: Dennis Hemmerly for Vette Doctors Performance, 52 Elm Place, Amityville Mark Becker for 7-Eleven #32338 403 Broadway, Amityville Sean Persico for Shining Star Collision, 370 Merrick Rd., Amityville John Lauria for Coastal Collision, 9 DeForest St, Amityville Francis A. Lescius for Sunrise Auto Outlet, 189 Sunrise Hwy., Amityville Harvey Wiesman for Harvey Wiesman, 60 Sprague Ave., Amityville Ken Taylor for Long Island Auto Recovery, 9 Elm Pl., Amityville Ahmet Yildizel for Sunoco Albany Triangle Corp., 293 Broadway, Amityville Kenneth Raab for German Auto Repair Technicians, 1 Elm Pl., Amityville Pedro Torres for First Choice Autobody, 262 Broadway, Amityville Jason Sepulveda for East Coast J & J, 42 Elm Pl., Amityville 3  Board of Trustees Minutes September 14, 2020 MOTION to APPROVE the above 11 applications 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 On-Street Parking Request for On-Street Parking from Carla Gilligan, 46 Robbins Ave., Amityville Request for On-Street Parking from Carla Gilligan, 46 Robbins Ave., Amityville Request for On-Street Parking from Carla Gilligan, 46 Robbins Ave., Amityville Request for On-Street Parking from Carla Gilligan, 46 Robbins Ave., Amityville Request for On-Street Parking from Carla Gilligan, 46 Robbins Ave., Amityville Applications were made for each family vehicle during construction at the home. Mayor Siry stressed that there is to be no parking in front of the fire hydrant (not within 15 feet per the law). MOTION to APPROVE all the above applications 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 Request for On-Street Parking from Adam Fisk, 29 Maple Dr., Amityville 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 Deputy Treasurer Request to approve the abstract from August 20th – September 9th MOTION to APPROVE was made by Trustee Whalen 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 4  Board of Trustees Minutes September 14, 2020 Request from Clerk/Treasurer Request to pay Bruce Kennedy PC for legal fees in the amount of $3,106.50 (A1420.440) 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 aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Request to pay Siegel & Sitler, PLLC for legal services rendered August 2020 in the amount of $5,275.00 (A1420.440) 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 aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Request to appoint Siegel & Sitler, PLLC as replacement attorneys for the matter of Security Dodge vs. Zoning Board of Appeals Trustee Bernius voiced displeasure that the agenda item was a late addition and that Mr. Handler should have been made aware of the decision prior to the evening’s vote. She said that she felt Richard Handler represented the Village well and shouldn’t be replaced. Others voiced questions and comments about the choice to change attorneys, the status of the original Article 78, and funds spent to defend it, were: Donelle Cronin, 32 Mole Pl., Pat Squicciarini, 20 Bedell Pl. and Lauryn Haffner, 294 S. Bayview Ave. 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 nay Trustee Whalen aye Trustee O’Neill aye Motion Carried: 4 aye 1 nay Request to pay Cashin Associates, P.C. for professional services from June 27,2020 to July 31, 2020 – Local Emergency Center Generator in the amount of $6,821.02 (A1625.440) Request to pay Cashin Associates, P.C. for professional services from August 1, 2020 to August 31, 2020 for Local Emergency Center Generator in the amount of $2,164.35 (A1625.440) MOTION to APPROVE the above two agenda items 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 5  Board of Trustees Minutes September 14, 2020 Motion Carried: 5 aye 0 nays Request to pay Nelson & Pope for Project N18X002.001.000 Amityville Storm Sewer & Drainage Improvements for work performed March 3, 2020 to June 10, 2020 in the amount of $19,830.00 (A1410.440) 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 Request to pay JVR for Payment Application 6 in the amount of $11,972.21 (A1625.440) 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 Request from Detective David Smith, Amityville Police Benevolent Association to hold the annual Thomas H. Smith Ragamuffin Parade on Saturday, October 24, 2020 at 10 a.m. (rain date – Sunday, October 25, 2020). 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 from Jesse Little, of Just Brakes Plus, Inc., 22 Elm Place, Amityville, to extend his automotive license beyond the September 30th deadline MOTION to APPROVE was made by Trustee O’Neill 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 6  Board of Trustees Minutes September 14, 2020 Request from Julie Dexter of South Bay Volleyball to use the Amityville Beach Sand Courts for youth volleyball training on Saturdays and Sundays, from 9 AM to 11 AM and 5 PM to 8 PM from September 1, 2020 to October 24, 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 Request by Kevin Joyce, Amityville Soccer League, to use the beach fields Mondays through Fridays, 3 – 7 PM, Saturdays and Sundays from 10 AM to 5 PM, from 9/12/2020 until 11/1/2020. 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 aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Request by Megan Messman to hold Amityville Troop 262 Girl Scout Meetings at the Beach pavilion on Wednesdays, September 23rd and October 28th from 5 PM to 6 PM MOTION to APPROVE was made by Trustee Whalen 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 Request from Liz Fanning Holdorf of Great South Bay Dance to conduct a fall dance program at the beach pavilion on Thursdays, through October 29th from 2:45 to 4:45 p.m. MOTION to APPROVE was made by Trustee Whalen 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 7  Board of Trustees Minutes September 14, 2020 Request from Police Department Request to pay Mobile Fleet for Upfit of 2020 Ford Interceptor in the amount of $10,848.00 (A3120.230) 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 aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Request from Fire Department Request to pay South Shore Fire & Safety for equipment invoice #0134969 in the amount of $5,699.30 (A3410.250); #0134971 in the amount of $64.50 (A3410.414) and #0134968 in the amount of $1,455.00 (A3410.412) MOTION to APPROVE was made by Trustee Whalen 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 Request to pay Copiague Fire District for Invoices #1022, #1028, #1031, #1032 in the amount of $5,204.53 (A3410.231) 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 Request to pay AIE Corporation for Invoice 1930 and 1927 – 200 amp service upgrade in the amount of $4,800.00 (A1624.460) MOTION to APPROVE was made by Trustee O’Neill 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 from Department of Public Works Request to pay Low Pro Contracting, Inc. for Storm debris removal in the amount of $7,200.00 (A8160.442) 8  Board of Trustees Minutes September 14, 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 Request to pay Dynaire Service Corp. for replaced heat exchanger plates - left loop system up and running in the amount of $3,557.00 (A1623.460) 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 aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Request to pay Omni Recycling of Babylon for dump bills from Isaias in the amount of $26,865.90 (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 Resolutions Resolution No. 20-09-14-01 Resolution Authorizing Adoption of the Retention and Disposition Schedule for New York Local Government Records (LGS-1) 9  Board of Trustees Minutes September 14, 2020 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 aye Trustee Whalen aye Trustee O’Neill aye Motion Carried: 5 aye 0 nays Public Hearing MOTION to OPEN the Hearing for Introductory Local Law 3 of the year 2020 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 Introductory Local Law 3 of the year 2020 a local law to modify Chapter 130 of the Village Code to include residential property maintenance Be it enacted by the Board of Trustees of the Village of Amityville as follows: Section 1. The Board of Trustees finds that it is necessary to regulate property maintenance of residential properties in the village in addition to commercial properties in order to protect the health, safety and welfare of village residents and to foster and preserve the aesthetic character of said residential properties. Section 2. Article I of Chapter 130 of the Code of the Village of Amityville is hereby amended to read as follows: “ Article I Maintenance of Residential and Commercial Property § 130-1 Maintenance in accordance with State Code The Police and the Code Enforcement Officer or his designees shall enforce the maintenance of residential and commercial property within the Village as required under the New York State Property Maintenance Code. § 130-2 Notice of Violation; failure to correct; assessment of costs; penalties A. The Police, the Code Enforcement Officer or his designees are hereby authorized to issue a notice of violation of any of the provisions of the New York State Property Maintenance Code for residential and commercial property within the Village. B. Such notice of violation shall be in writing and shall be served in accordance with §308 of the Civil Practice Laws and Rules, or mailed by certified mail, to the last known address of the property owner. C. In the event that the property owner fails to correct such violation within fifteen (15) days of the service of such notice, the Village shall cause the necessary maintenance to be performed and shall assess all costs and expenses incurred against such property. Such assessment shall be collected in 10  Board of Trustees Minutes September 14, 2020 the same manner that taxes are collected as provided by law. D. The remedy of the Village set forth in Subsection C, immediately above, shall be in addition to the penalties provided in § 1-9 of this Code.” Section 3. This local law shall take effect upon the filing thereof in the office of the Secretary of State, but shall also take effect upon the date of service against a person served personally with a copy thereof, certified by the Village Clerk, and showing the date of its adoption and entry in the minutes. MOTION to CLOSE the Hearing 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 MOTION to APPROVE Introductory Local Law 3 of the year 2020 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 Mayor Siry advised that this law will allow the Village to get more properties cleaned up. In an unrelated matter, Lauryn Haffner, 294 S. Bayview Ave., asked about the timetable for having in-person meetings and why basketball courts at the beach are not yet reopened. The Mayor said he wishes to keep residents safe and referred to the NY State Guidelines for higher risk sports. Donelle Cronin, 32 Mole Pl., pointed out another higher risk sport, volleyball was approved. Mayor Siry pointed out that volleyball training is permitted under the state reopening guidance. Residents of Meadow Lane and New Pointe Pl. continue to raise questions and voice displeasure with the Bayside Maria on Meadow La. Al Strollo, 84 New Pointe Place, spoke about Bayside Marina at Meadow Lane, which has affected his lifestyle, including fumes and odor of gasoline. Jack Magnani, 75 Meadow Lane: Mr. Magnani told the Board he has lost privacy at his home due to the additional boats in the finger slips. He also asked if the marina filed a Planning Board application yet. Dina Shingleton, 34 Wellington Pl., asked the Police for extra patrols, especially after dark, and to monitor loitering at the 9-11 park. There being no further comments, Mayor Siry called for the meeting to be adjourned. 11  Board of Trustees Minutes September 14, 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 was adjourned at 8:46 p.m. _________________________________ Catherine C. Murdock Clerk/Treasurer 12