Board of Trustees

Board of Trustees Meeting Minutes November 27, 2023 The Board of Trustees Meeting was called to order at 7:00 p.m. MEMBERS PRESENT: Mayor Dennis Siry, Deputy Mayor Kevin Smith; Trustee Michael O’Neill, Trustee Roger Smith, Trustee Owen Brooks, Jr. MEMBERS ABSENT: ALSO PRESENT: Village Attorney Bruce Kennedy APD Chief Bryan Burton AFD Chief Gavin Budde Building Inspector Michael Breitweg DPW Superintendent Bruce Hopper Clerk/Treasurer Catherine Murdock Assistant to the Mayor Wendy O’Neill Mayor Siry welcomed everyone to the Board of Trustees Meeting and invited Chief Burton to lead the Pledge of Allegiance. Mayor Siry asked Deputy Mayor Kevin Smith for upcoming events, which are as follows: Village Tree lighting and Rotary Club Food Drive, Dec. 2nd at 5 p.m.; St. Martin of Tours Holiday Fair, Dec. 2 from 10 a.m. to 3 p.m.; Historical Society holiday reception/swearing in, Dec. 3rd, 2 p.m. to 4 p.m; Toys for Tots collection box is available in Village Hall; Senior Center Luncheon, Dec. 13th at Park Ave. School; and the Mayor’s Social on March 3rd. Mayor Siry added that the storefront façade program is taking applications so please let your friends/neighbors know. Mayor Siry called for Trustees to present Committee October reports. Justice Court – report October (Trustee Smith) 1  Board of Trustees Meeting Minutes November 27, 2023 Department of Public Works –October/November 2023 (Trustee O’Neill) Hauled and disposed of :15.58 tons of municipal waste; 4.87 tons C&D; 30.43 tons Yard waste; 20.15 tons nonrecyclable debris Repaired and re set the storm drain at 80 Sterling Pl. and the sinking roadway IFO the main driveway 16 tons asphalt The department continues to pick up cut branches and cut brush from around Avon Lake, the lake is a freshwater environment owned by the village of Amityville under the control of the DEC it is not an extension of the front yards of the residences of East and West Lake Drive they need to be informed of the same. Repairing the vandalized teak benches from Pearsall Park CC# AM 5484-23 Assembling (5) five teak benches damaged by an MVA, also assembling the donated park benches for the Bay Village Civic Association for placement at the beach Fall leaves pick up started week #2 Hanging planters and village flower boxes picked up cleaned out and placed in storage, the hanging baskets and plastic plant carriers returned to the grower for credit Repairing damaged pipe and drain on Meadow Lane The department has been informed that softball is continuing so lining grooming most likely to New Year’s Eve celebration. Installed and removed No Parking signs Tuesday Oct. 31 east side of Ocean Ave. from Grace Ct. south to South Ireland Pl. Started installing the holiday lighting for the 110 corridor and Ketcham Ave., repairing the holiday decorations for the triangle Street sweeping continues with a truck and driver for the leaves throughout the village. Numbered the petrol car parking spots on the east side of the police parking area a recommendation from a N.Y.S. police operations inspector Veterans Day ceremony sound system/podium and sound system for the PBA fund raiser boat parade. Amityville Fire Department – October (Trustee Brooks) ALARM RESPONSE NUMBER OF ALARMS EMS/Rescue 121 Motor Vehicle Accident 6 Miscellaneous Fire 6 Carbon Monoxide Alarm 1 Structure Fire 20 Working Fire 1 Water Rescue -- Technical Rescue -- Standby -- Vehicle Fire -- Brush Fire TOTAL 156 2  Board of Trustees Meeting Minutes November 27, 2023 Amityville Police Department – September (Trustee Brooks) AMITYVILLE POLICE DEPARTMENT MONTHLY STATISTIC REPORT Activity From 10/01/2023 Thru 10/31/2023 Type of Activity MTD YTD Arrests 18 167 Sex- Male - MTD: 16 YTD: 132 Female - MTD: 2 YTD: 35 Unknown- MTD: 0 YTD: 0 Class- Felony- MTD: 0 YTD: 13 Misd - MTD: 16 YTD: 97 Violat- MTD: 2 YTD: 51 Blotters 610 5496 Cases 51 659 Class- Felony- MTD: 1 YTD: 46 Misd - MTD: 21 YTD: 166 Violat- MTD: 16 YTD: 296 Citations 150 1659 Type- Parking- MTD: 0 YTD: 0 Traffic- MTD: 150 YTD: 1659 Summons- MTD: 0 YTD: 0 Field Interviews 0 8 Impounds 0 8 Juveniles 0 0 Sex- Male - MTD: 0 YTD: 0 Female - MTD: 0 YTD: 0 Unknown- MTD: 0 YTD: 0 Class- Felony- MTD: 0 YTD: 0 Misd - MTD: 0 YTD: 0 Violat- MTD: 0 YTD: 0 Medical Aided 91 910 Traffic Accidents 38 296 Type- Fatal- MTD: 0 YTD: 0 Injury- MTD: 6 YTD: 55 Other- MTD: 32 YTD: 241 Mayor’s Actions Request to approve Board of Trustees meeting minutes of November 13th, 2023 MOTION TO APPROVE was made by Deputy Mayor Kevin Smith and seconded by Trustee Roger Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays 3  Board of Trustees Meeting Minutes November 27, 2023 Request to approve Kyra Lee, as member, AFD Ladies Auxiliary, effective November 21, 2023 MOTION TO APPROVE was made by Trustee Brooks and seconded by Trustee O’Neill Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Request from Deputy Treasurer Request to approve the abstract from November 9th, 2023 – November 21st, 2023 MOTION TO APPROVE was made by Trustee Roger Smith and seconded by Trustee O’Neill Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Request from Clerk/Treasurer Request to approve the 2024 Village Calendar MOTION TO APPROVE was made by Trustee O’Neill and seconded by Trustee Roger Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Request from Bruce Hopper to carry over unused vacation time as follows: Kyle Dunphy, 2.75 days; Bruce Hopper 5 days; Rene Idrovo, 5 days; and also buy back 5 days for Bruce Hopper MOTION TO APPROVE was made by Trustee O’Neill and seconded by Deputy Mayor Kevin Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Request from Johanna Rogers to carry over three (3) unused vacation days from 2023. MOTION TO APPROVE was made by Deputy Mayor Smith and seconded by Trustee Brooks Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays 4  Board of Trustees Meeting Minutes November 27, 2023 Request to pay CSEA Employee Benefit Fund for health plan premiums in the amount of $5,411.44 MOTION TO APPROVE was made by Trustee Roger Smith and seconded by Trustee O’Neill Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Request to pay Total Technology Solutions for VH Monthly Billing – October in the amount of $4,499.05 (A0-1625-440) MOTION TO APPROVE was made by Trustee Roger Smith and seconded by Trustee O’Neill Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Request to pay Total Technology Solutions for VH Monthly Billing – November in the amount of $4,916.05 (A0-1625-440) MOTION TO APPROVE was made by Deputy Mayor Kevin Smith and seconded by Trustee Roger Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Request to approve Nawrocki Smith LLP as Village auditors MOTION TO APPROVE was made by Trustee Brooks and seconded by Trustee O’Neill Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Request from Fire Department Request to pay Copiague Fire District for repairs to Engine 1-1-2 in the amount of $22,147.62 (A0-3410-231) MOTION TO APPROVE was made by Deputy Mayor Kevin Smith and seconded by Trustee Brooks Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays 5  Board of Trustees Meeting Minutes November 27, 2023 Request to pay Integrated Wireless Technologies, LLC for upfitting of Fire Chief’s Car in the amount of $31,468.00 (A1625.440) MOTION TO APPROVE was made by Trustee Brooks and seconded by Deputy Mayor Kevin Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Request from Department of Public Works Request to pay Sprague for 3000 gallons of 91 octane gas in the amount of $7,919.13 (AO-1625-410) MOTION TO APPROVE was made by Deputy Mayor Kevin Smith and seconded by Trustee O’Neill Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Public Hearings Conduct a public hearing on November 27th, 2023 on Introductory Local Law No 9 of the year 2023 to prohibit unauthorized signs on public highways Mayor Siry explained this proposed law would prohibit signs on the Village right of way and sign polls; Trustee O’Neill explained it would help in getting rid of the “vertical litter” created with signs posted for services like shrink wrap, bed bug treatments, etc. Wendy Canastro, 45 Wood Ave., stated she could not find the proposed laws on the Village website and suggested including them as part of the agenda, making them easier to locate. Mayor Siry agreed. Christopher Papile, 22 Marian Rd., asked where signs could legally be posted. Mayor Siry said that signs are permitted on your property; not in the public right of way which extends approximately 8 feet from the street. MOTION TO OPEN the public hearing was made by Trustee O’Neill and seconded by Trustee Roger Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays MOTION TO CLOSE the public hearing was made by Trustee O’Neill and seconded by Trustee Roger Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays 6  Board of Trustees Meeting Minutes November 27, 2023 MOTION TO APPROVE was made by Trustee O’Neill and seconded by Deputy Mayor Kevin Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Conduct a hearing on November 27th, 2023 on Introductory Local Law No 10 of the year 2023 to establish an Historic Preservation Commission for the Village of Amityville Village Attorney Bruce Kennedy explained the law is modeled on the Town of Babylon’s language and gives the Board of Trustees the ultimate authority in designating the property for historic preservation after public hearings and Planning Board review, if necessary. Mayor Siry pointed out that the Village is looking to preserve the historic character of the Village, however, historic preservation status would not be imposed on anyone who did not want the designation. Mr. Kennedy pointed out that NY State Real Property Tax Laws allow for certain tax benefits for participating property-owners. Deputy Mayor Kevin Smith agreed this is a good step for the Village, and Trustee Brooks agreed, noting that other communities have been successful in this endeavor. Mayor Siry also announced another step forward in a move toward historic preservation with the recent awarding of a Jump Start grant from Suffolk County to improve the long vacant Trihy House at Nautical Park. MOTION TO OPEN the public hearing was made by Deputy Mayor Kevin Smith and seconded by Trustee Roger Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Pearl Spellman, 24 Riverleigh Pl., asked about transferability of the historic designation upon the sale of property and for details on the tax breaks. Mr. Kennedy advised tax benefits start at 100% of the applicable improvements for the first five years and are reduced thereafter up until 10 years is reached. Chris Papile, 22 Marion Rd., said he hopes the Historical Society will have input. Carolyn Franco, 32 Marion Rd., questioned why the Village needs this Commission and who would be chairman. Mayor Siry responded that the Commission would be appointed at the annual Village Organizational Meeting in April 2024. Richard Handler, 195 Ocean Ave., applauded the Board for moving this initiative forward in a deliberate, patient, and focused approach after consulting with Certified Local Government representatives in Albany. The proposed law recognizes homeowner rights, historic preservation, and community identity, he added. Kenneth Lang, 105 Avon Pl., who is 1st Vice President of the Amityville Historical Society, said he and other members are wholly in favor of the Commission’s establishment “to preserve structures in and out of our historical district to enhance our amazing Village.” Joseph Guidice, 43 Barberry Ct., incoming president of the Historical Society, thanked the Board for taking steps toward preservation and hopes property owners will also pursue listings on the National Registry of Historic Places, as the benefits and grants are plentiful, especially for commercial properties. 7  Board of Trustees Meeting Minutes November 27, 2023 Chris Geiger, 120 Ocean Ave., submitted in advance a written statement which follows: Dear Board of Trustees: I am writing to urge the Board to be very considerate and thoughtful as it relates to instituting a Historic Preservation Committee to deem properties historically significant within the Village, especially as it relates to the redevelopment of the Village core and the many buildings that are within what will eventually be our revitalized downtown. I understand that the proposed committee will have recommendation powers and not full authority to deem a property worthy of a historic designation. However, I have seen firsthand what overzealous preservation can do to a city trying to reinvent itself, and how that can in fact stymie development and redevelopment. Many municipalities will enact overlay districts within a certain geographic area to limit alterations to a certain architectural style. I am all for this, and the Village already has one on Broadway south of Avon Place. My concern is that you will scare away people who want to invest in this Village because of onerous design standards that simply are not affordable on smaller scale projects. The large majority of projects taking place in Amityville are in fact smaller scale. Not everything is as big as Avalon. What is to stop the committee from making a recommendation to designate every property close to 100 years old and in good shaped as historic? Does that mean I can not change the design of my primary residence to a more transitional style of architecture because the committee feels that the design is not appropriate? Should we preserve the most famous house in all of the Village (and maybe the world) just because some horrible, but "historically significant" events took place there 50 years ago? My concern is that properties that are deemed historic by the committee and the planning board will not take into account the onerous cost of rehabilitation to bring them back to a historic status. A few months ago, I wrote an op-ed in the Amityville Record in response to an op-ed in the previous issue by Mr. Handler and other members of the local community. The op-ed I responded to provided an overly simplistic method of preservation, and justified itself by saying investors can seek tax credits for Qualified Rehabilitation Expenses on historic properties. That's all well and good, and by the time the tax credits are received, an owner may actually do very well utilizing the tax credits. But the tax credits are by no means easy to come by and unless you are a real estate professional, you can't really use the federal credits. An owner would also have to get approval from the National Parks Service on the federal level, and the State Historic Preservation Office on the state level. This requires having an accountant and attorney who is well versed in these credits, and an architect who can come up with a design that maintains significance on the interior and exterior of the building. This is by no means easy, and certainly not cheap. Let's be very careful about historic designations, especially those that are "spot-designations". It could completely slow down all the progress this administration has made over the last three years working to get the $10 Million in DRI money and a lot of private investment in this Village. We must move fast and welcome developers and individuals who want to invest in Amityville. Not make it more difficult. Thank you. Chris Geiger 8  Board of Trustees Meeting Minutes November 27, 2023 MOTION TO CLOSE the public hearing was made by Trustee O’Neill and seconded by Deputy Mayor Kevin Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays MOTION TO APPROVE was made by Trustee O’Neill and seconded by Trustee Roger Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Conduct a public hearing on November 27th, 2023 on Introductory Local Law No. 11 of the year 2023 to authorize the Code Enforcement Personnel to enforce the provisions of Chapter 172 of the Code of the Village of Amityville. MOTION TO OPEN the public hearing was made by Trustee O’Neill and seconded by Trustee Roger Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Village Attorney Bruce Kennedy explained that the law is a revision to the existing code giving Quality of Life Officers the authority to issue parking tickets. Mayor Siry noted that the new hires are providing weekend coverage. Wendy Canastro, 45 Wood Ave, asked when this proposed law would be voted on. Janice Baxter, 16 Purdy La., asked about giving violations to people who have been doing work on properties for lengthy periods of time without finishing. Building Inspector Michael Breitweg explained that the Building Department engages in oversight making sure permits are renewed. Mayor Siry stated that they are doing a great job and reminded her that complaints may be submitted on the Action Line of Amityville.com. Chris Papile, 22 Marion Rd., stated fewer laws are needed; not more, asking the Village to delete some of its existing laws. He thanked APD and AFD for their prompt response to a recent emergency at his home. MOTION TO CLOSE the public hearing was made by Deputy Mayor Kevin Smith and seconded by Trustee Roger Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays 9  Board of Trustees Meeting Minutes November 27, 2023 MOTION TO APPROVE was made by Trustee Roger Smith and seconded by Trustee O’Neill Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Conduct a public hearing on November 27th, 2023 on Introductory Local Law No. 12 of the year 2023 to amend 183-95.2 of the Village Code regarding recreational marijuana MOTION TO OPEN the public hearing was made by Trustee Roger Smith and seconded by Deputy Mayor Kevin Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Village Attorney Bruce Kennedy explained that a marijuana law passed in 2019 by permissive referendum allowed marijuana sales in the industrial district, however, this new law removes that provision. Wendy Canastro, 45 Wood Ave., commented that she found the language used in the 2019 referendum very confusing. MOTION TO CLOSE the public hearing was made by Trustee O’Neill and seconded by Deputy Mayor Kevin Smith Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays MOTION TO APPROVE was made by Trustee Roger Smith and seconded by Trustee Brooks Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays Public Comments Carolyn Franco, 32 Marion Rd., commented on how dark the village is and asked for a response to a complaint she made about streetlights being out on Broadway near Sunoco and the apartment complex at 290 Broadway. Trustee O’Neill advised that he reported the outage to DPW and suspects it may be a faulty circuit since more than one light is out. He will follow up with DPW. 10  Board of Trustees Meeting Minutes November 27, 2023 Ms. Franco also stated the Village should more widely use social media to provide the community with information and questioned quality of life content being posted. Diane Mellish, 22 S. Ketcham Ave., remarked on the dangers of pools without fences. Over the summer, a home on Ketcham Ave. had a kids’ pool at the end of a driveway which is within NYS code, however, she would like for the Village to be stricter for safety’s sake. Building Inspector Breitweg confirmed that pool has been inspected and is in compliance with the state code. Deputy Mayor Kevin Smith suggested that the Village launch an awareness program in the spring to advise residents about pool safety issues. MOTION TO ADJOURN was made by Trustee O’Neill and seconded by Trustee Brooks Vote on Motion: Mayor Dennis Siry aye Deputy Mayor Kevin Smith aye Trustee Michael O’Neill aye Trustee Owen Brooks aye Trustee Roger Smith aye Motion Carried: 5 ayes 0 nays The Meeting was adjourned at 8:06 p.m. ______________________________________ Catherine C. Murdock Clerk/Treasurer 11