Board of Trustees

Board of Trustees Minutes September 28, 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 retired APD Sgt. Jeffrey Sears. Mayor Siry welcomed everyone to the September 28th Meeting of the Board of Trustees, conducted via Zoom Meeting. He shared that due to Columbus Day being on Oct. 12th, the next meeting would be a special meeting on October 8th. Mayor Siry noted that the VFW Golf Outing held earlier in the day was a great success. He recognized the contributions of retired Sgt. Jeffrey Sears with the virtual presentation of a proclamation in his honor. Sgt. Sears retired at the end of July after 23 years of service to the Department and the residents of the Village and wished him well. Deputy Mayor Smith reported upcoming events over the coming weekend, including the Farmers Market which takes place on Saturday mornings through Oct. 24th. He noted that the Rotary Club will be selling apples at the market in place of its annual Apple Festival. Other upcoming events include: • Great South Bay Clean Up on Saturday, Oct. 3rd, 8 AM at Yacht Services. All are invited to attend. October 10th is the Town of Babylon’s Fall Clean Up and STOP program – appliances, furniture, and hazardous waste items may be brought to the Town Recycling Center on Field St. in W. Babylon. • Ragamuffin Parade will be held on October 24th (rain date Oct. 25th), starting at the LIRR and Broadway at 10 AM. • Bay Village Civic Association’s Shredder Event takes place on Nov. 7th at the 9/11 Park on Broadway. Mayor’s Actions: Mayor Siry requested the approval of the Board of Trustees minutes from September 14, 2020 MOTION to APPROVE with a change from Trustee Bernius was made by Trustee O’Neill 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 1  Board of Trustees Minutes September 28, 2020 Approve hire of John Kessler, 22 Churchill La., Smithtown, NY 11787, as Call-in EMT/Paramedic, effective September 29, 2020, at the rate of $21.50, and approve a waiver of residency. 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 Approve new AFD members as follows: Jovani Rivera, 17, 15 Railroad Ave., Amityville, Hook & Ladder Co. #1 Rene’ Rivera, 17, 15 Railroad Ave., Amityville, Hook & Ladder Co. #1 Melanie Macomber, 43, 57 Hamilton St., Amityville, Hose Co. #4 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 Appoint Maria Abbatiello as a part-time assistant to the Deputy Treasurer effective September 29, 2020 at an hourly rate of $31.25, until the current Deputy Treasurer resigns, at which time her title will become that of Deputy Treasurer, at the same hourly rate, and also approve a waiver of residency. 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 to waive the three (3) month wait period for health insurance for Maria Abbatiello, with an effective date of November 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 With no further Mayor’s Actions, Mayor Siry moved to the agenda items. 2  Board of Trustees Minutes September 28, 2020 Licenses: Landscaper License – New John Iaboni for JML Landscaping, 171 Merrick Rd., Amityville, NY 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. Mayor Siry requests that applicants be visited by Building Inspector one month in advance of a Board vote to remediate problems prior to rendering a decision. Harald Hejna for Amityville Foreign Auto, 105 Merrick Rd., Amityville, NY 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 Peter Cioci for P.C. Auto, 126 Merrick Rd., Amityville, NY 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 Rodolfo Guevara-Torres for Rudy Auto Repair, 45 Burch Ave., Amityville, NY 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 3  Board of Trustees Minutes September 28, 2020 Manuel A. Campos for Alfredo & Sons, Inc., 49 Sprague Ave., Amityville, NY 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 Nicholas Post for Amityville A/B, 191 County Line Rd., Amityville, NY Nicholas Post for Amityville A/B, 195 County Line Rd., Amityville, NY The owner explained he has cleaned up the premises but has been busy over the past several weeks due to Covid. He stated he will continue to keep only plated vehicles in the front of the lot. 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 James Giambrone for NYS Discount Tire, 199 County Line Rd., Amityville, NY Discussion ensued between the Trustees and the applicant about his lack of adherence to stipulations made under the prior application, i.e. illegal banners, parking of unregistered vehicles, parking vehicles on the County right of way, insufficient egress/ingress, etc. Mayor Siry stated that the site plan as submitted does not reflect the actual property use. Deputy Mayor Smith inquired about a blue bus that has been parked on-site which was to be removed five years ago. Mr. Giambrone stated he was unable to locate the owner as it belonged to the Suffolk County Urban League and his contact was now deceased. The Board required that he get rid of the bus and comply with the stipulations within two weeks. MOTION to TABLE 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 Antonio Scoleri for Auto-Topia, Inc., 233 County Line Rd., Amityville, NY The Trustees noted some stipulations had been met, however, he must remove non-conforming signs, such as those in the hoods of vehicles and banners at the garage bay 4  Board of Trustees Minutes September 28, 2020 MOTION to TABLE was made by Deputy Mayor Smith 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 Storage of Trailer (new) Lauren Tortorella for Security Auto Sales, Inc., 16 Sprague Ave., Amityville, NY 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 Sign, Banner, Canopy, Marquee of Fixture Lisa Davi, 40 Unqua Pl., Amityville, NY for Yoga by the Bay MOTION to APPROVE one sign, for up to 30 days, on her personal property, and not in the right of way 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 Deputy Treasurer Request to approve the abstract from September 10th– September 22nd 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 5  Board of Trustees Minutes September 28, 2020 Request from Clerk/Treasurer Request to enter into a contract with Verizon for a Village phone system 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 Total Technology Solutions for invoice #64664 monthly billing for October 2020 in the amount of $3,3,92.75 (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 from Joan Donnison, Bay Village Civic Association, for a Community Shredder Event, in the 9/11 Parking Lot on Saturday, November 7th, 2020 from 10 a.m. to noon 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 from Joan Donnison, Bay Village Civic Association, to extend the Farmer’s Market until October 24, 2020 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 to surplus 2010 Ford Crown Victoria vin #2FABP7BV7AX128959/ license plate AV3870 (Previous # 16) and Request to surplus 1998 Crown Victoria vin #2FAFP1W8YX160289/license plate #AV6191 (Previous Building Inspector Car) 6  Board of Trustees Minutes September 28, 2020 MOTION to APPROVE the above two requests 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 Flynn Stenography & Transcription for Public Hearing and Meeting transcription services in the amount of $1,243.75 (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 from Bill Kretz, 85 Shore Rd., Amityville, NY for Amityville Lacrosse to use the James A. Caples field on Wednesdays, from 4:30 p.m. – 5:30 p.m. Trustee Bernius asked if the clinic was advertised. The Board will recommend that as a consideration. 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 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 from Police Department Request to pay David Driscoll for tuition reimbursement in the amount of $3,747.00 (A3120.416) 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 7  Board of Trustees Minutes September 28, 2020 Request to pay Total Technology Solutions for monthly billing with DATTO in the amount of $3,089.25 (A3120.261) 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 Fire Department Request to pay Firefighter One for Invoice #SI-00507655 for 5X custom turnout gear sets in the amount of $16,212.50 (A3410.414) 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 to pay Copiague Fire District for misc. invoices 1040, 1043, 1044, 1045, 1047 in the amount of $3,552.56 (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 Robert E. Fogel, M.D., for August member physicals in the amount of $3,202.00 (A3410.440) 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 8  Board of Trustees Minutes September 28, 2020 Request from Department of Public Works Request to pay Global Fueling Systems for repairs as per quote Q30215 in the amount of $3,687.19 (A1625.410) 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 Resolutions Resolution No. 20-09-28-01 amending Resolution No 19-11-25-02 regarding zoning incentives for Avalon Bay Communities, Inc. WHEREAS the Board of Trustees adopted Resolution No 19-11-25-02 on November 25, 2019, approving certain zoning incentives in exchange for community benefits in connection with the re- zoning of 366 Broadway, Amityville, NY to Planned Residential Zoning District, and WHEREAS one of said community benefits was the payment of village taxes based on full assessment, and WHEREAS Avalon Bay Communities has requested such community benefit be eliminated, and WI-IEREAS Avalon Bay has agreed to pay the Village an annual impact fee to help offset the additional services that will be required from the Village in connection with a development of this magnitude NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1) Resolution No 19-11-25-02 is hereby amended to delete paragraph 2(h) thereof 2) The Mayor of the Village of Amityville be and he hereby is authorized to execute an impact agreement with Avalon Bay Communities, Inc. in a form approved by the Village Attorney. This Resolution shall be effective immediately. Village Attorney Bruce Kennedy explained this reflects a change to the November 2019 adoption of the incentives. 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 9  Board of Trustees Minutes September 28, 2020 Resolution No 20-09-28-02 revising recreation fee WHEREAS 524-8 of the Code of the Village establishes a recreation fee to be paid for each lot in a subdivision and for each new unit in a multiple dwelling, mixed-use dwelling, professional mixed-use dwelling, cooperative apartment and condominium complex, and WHEREAS the Board of Trustees is authorized to determine such fee and to modify same from time to time by resolution, and WHEREAS the Board of Trustees has previously established a recreation fee of $2,000 per lot and unit by resolution, and WHEREAS the Board of Trustees has determined that it is appropriate to modify such recreation fee based on a sliding scale taking into account the number of lots or units to be created NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1) The recreation fee to be paid pursuant to 24-8 A. of the Code of the Village of Amityville shall be as follows: 1 - 25 lots or units: $2,000 per lot or unit 26 - 50 lots or units: 1,000 per lot or unit over 25 for lots or units in excess of 50: $500. per lot or unit over 50 2) This Resolution shall be effective immediately and shall apply to any projects currently under construction or to be constructed in the future. 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 Resolution 20-09-28-03 authorizes Village of Amityville Justice to Submit a Grant Application for Financial Assistance to the State of New York Uniform Court System under the 2020-2021 Justice Court Assistance Program RESOLVED, that Debra Urbano-DiSalvo, as Justice of the Village of Amityville, is hereby authorized and directed to file an application for funds from the State of New York Unified Court System Office of Court Administration under its Justice Court Assistance Program, in an amount up to $30,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Amityville Village Justice Court for seals, a shredder, and reimbursement for Personal Protective Equipment (PPE). 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 10  Board of Trustees Minutes September 28, 2020 Resolution No. 20-09-28-04 Resolution that the Village of Amityville is authorized to use the remaining funding from the Town of Babylon Community Development Block Grant Program in the amount of $136,415 for the rehabilitation of Parking Lot 14 (Gordon Moore Parking Lot). 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 Donelle Cronin, 32 Mole Pl., asked about the age range for the new lacrosse program and questioned why basketball as a higher risk sport cannot currently be played at the beach. The Mayor explained that pick-up basketball games could likely occur if the courts were opened and not supervised, to the health detriment of the public. There being no further comments, Trustee O’Neill called for the meeting to be adjourned. 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 8:35 p.m. _________________________________ Catherine C. Murdock Clerk/Treasurer 11