City Council

Village of Westhampton Beach Board of Trustees Meeting Thursday, June 6, 2024 at 5 p.m. PLEDGE OF ALLEGIANCE RESOLUTIONS: 1. Accept minutes of Board of Trustees Meetings 2. Accept Departmental Monthly Reports 3. Approve Warrant for May and June 2024 4. Accept Resignation of Employee 5. Authorize Retro Pay Adjustment 6. Appoint 2024 Seasonal Traffic Control Officer 7. Appoint 2024 Seasonal Beach Personnel 8. Appoint 2024 Registrar and Deputy Registrar 9. Appoint Member to Negotiating Committee 10. Authorize Mayor to Sign Memorandum of Agreement 11. Authorize Change Order for Playground 12. Authorize Purchase of Tables and Seats for Park 13. Authorize Special Exception 14. Authorize Vehicle Peddling Permit 15. Authorize Vehicle Peddling Permit 16. Authorize Vehicle Peddling Permit 17. Authorize Special Event-Bike to Beach 18. Authorize Use of Village Property – Parking 19. Authorize Use of Village Property-Maria Z. Moore Community Park 20. Accept Proposal for Increase Expense 21. Authorize 2024 Outdoor Seating Permit 22. Authorize 2024 Outdoor Seating Permit 23. Authorize 2024 Outdoor Sales Permit  24. Authorize Special Event-Koziarz Run 25. Authorize Purchase of Equipment – Police Department 26. Accept Retirement of Employee PUBLIC COMMENT EXECUTIVE SESSION-PBA NEGOTIATIONS AND PERSONNEL  Village of Westhampton Beach Board of Trustees Meeting Thursday, June 6, 2024 at 5 p.m. PLEDGE OF ALLEGIANCE RESOLUTIONS: 1. Accept minutes of Board of Trustees Meeting RESOLVED, that the minutes of the Board of Trustees Meeting of May 2, 2024 are hereby accepted. 2. Accept Departmental Monthly Reports RESOLVED, that the Justice Court, Police Department’s and Building Inspector’s reports and Treasurer’s report for April 2024 are hereby accepted. 3. Approve Warrant for May and June 2024 RESOLVED, that the warrant for May 31, 2024 in the amount of $220,380.52 and the Warrant for June 2024 in the amount of $xxx.xxx.xx for the General Fund and $97,038.81 for the Capital Fund is hereby approved. 4. Accept Resignation of Employee RESOLVED, that the Board of Trustees hereby accepts the resignation of Evander Herrera as Traffic Control Officer effective May 25, 2024. 5. Authorize Retro Pay Adjustment RESOLVED, that the Board of Trustees hereby authorizes a retro adjustment of $3,000.00 in salary for the 2022-2023 and 2023-2024 fiscal years for the Deputy Village Clerk effective June 1, 2024. 6. Appoint 2024 Seasonal Traffic Control Officers RESOLVED, that Reilly Strand is appointed as a Seasonal Traffic Control Officer to be compensated at a rate of $18.00 per hour to work as assigned by the Chief of Police effective May 15, 2024 to be funded from G/L account code A3120.109 Traffic Control Officers PS with an increase of $2.50 per hour effective June 1, 2024. 7. Appoint 2024 Seasonal Beach Personnel RESOLVED, that the Board of Trustees hereby appoints the following personnel to the positions specified below at Rogers and Lashley Beaches for the 2024 season to be funded from A7310.103 Beach Attendants with an increase of $2.50 per hour effective June 1, 2024: Reece McManus Beach Attendant $12.75 P/H Jasmine Taylor Beach Attendant $12.50 P/H Hailey Groth Beach Attendant $12.75 P/H Josh Pincott Beach Attendant $12.50 P/H Sarah Tedesco Beach Attendant $12.50 P/H 8. Appoint 2024 Registrar and Deputy Registrar RESOLVED, that Clerk-Treasurer Denise Mordente is hereby appointed as Registrar of Vital Statistics for 2024 with an annual stipend of $350.00, and Maureen Jones is appointed as Deputy Registrar for 2024 with an annual stipend of $300.00 effective June 1, 2024. 9. Appoint Member to Village Negotiating Committee RESOLVED, that the Board of Trustees hereby appoints Stephen Frano to the Village’s negotiating committee for continuing PBA negotiations on the contract effective July 1, 2024. 10. Authorize Mayor to Sign Memorandum of Agreement RESOLVED, that the Board of Trustees authorizes the Mayor and the Deputy Mayor to sign two Memoranda of Agreements between the AME Union Blue and AME Union White Collar employees the regarding the 2023 Benefit Fund Contribution levels. 11. Authorize Change Order for Playground RESOLVED, that the Board of Trustees hereby approves change order # 1 for American Recreational Products in the amount of $27,600.00 for the installation of a retaining wall at the Ria Del Bene Playground. 12. Authorize Purchase of Tables and Seats for Park RESOLVED, that the Board of Trustees hereby authorizes the purchase of 4 Bistro tables and chair sets at the cost of $149.00 per set for the Maria Z. Moore Community Park to be charged to Park Fund CM 7110. 13. Authorize Special Exception – 55-59 Old Riverhead Road WHEREAS, 55-59 Old Riverhead Road, LLC, BEKEF 1, LLC, and 59 Old Riverhead LLC (hereinafter, collectively, “Applicant”), is the reputed owner of real property located at 55 and 59 Old Riverhead Road, Westhampton Beach, New York 11978, which is designated on the Suffolk County Tax Map as Nos.: 905-4-1-7, -9.2, and - 9.3; and WHEREAS, Applicant has submitted an application to the Board of Trustees for a special exception permit, to allow Applicant to construct 16 dwelling units (13 market rate and 3 affordable units) in 12 two-story buildings (ten single-family dwellings with attached one car garages and tow three-unit manor houses) with associated site improvements, a pickleball court and fire pit, and an off-site sewage treatment plant, all to serve as a multifamily development community; and WHEREAS, under Section 197-81.A of the Village Code, no special exception application for a multi-family residence can be granted without approval by the Planning Board of the site plan; and WHEREAS, Applicant filed a site plan application with the Village Planning Board in connection with the project; and WHEREAS, the site plan application underwent a lengthy review by the Planning Board that included coordinated environmental impact review as part of the Planning Board’s compliance with the State Environmental Quality Review Act (SEQRA); and WHEREAS, during the SEQRA review, the Board of Trustees was an involved agency; and WHEREA, the SEQRA review concluded with the lead agency Planning Board’s adoption of a negative declaration as its determination of significance, on April 12, 2020; and WHEREAS, upon completion of the SEQRA review process, the applicant continued to refine the application and requested that the Planning Board approve the site plan on a preliminary basis only, to enable Applicant to proceed to the special exception portion of the application, knowing that Applicant would be required to return to the Planning Board to complete the final site plan review if and when the Board of Trustees approved the special exception; and WHEREAS, the Planning Board adopted a preliminary site plan determination dated October 12, 2023, in which the Planning Board conditionally approved the site plan on a preliminary basis, but noted in its decision that many of the project details could not be finalized until after the Board of Trustees made a determination on the special permit; and WHEREAS, the Planning Board separately adopted a “Report and Recommendation” dated October 12, 2023, in which the Planning Board provided a recommendation relating to the special exception application; and WHEREAS, in the Report and Recommendation, the Planning Board reported that the site plan met the basic site plan requirements of the Village, and that the Planning Board was comfortable with the site plan layout, and with the proposed density; and WHEREAS, pursuant to Village Code Section 197-76, the Board of Trustees, following a public hearing, has the power to approve, disapprove, or approve with conditions an application for a Special Exception permit for uses that are specifically provided for in Chapter 197; and WHEREAS, the subject property is located in the Village’ Hotel District (HD) zoning district which, under Section 197-16.3 and the Table of Use Regulations of the Village Code, allows for multi-family residential projects as a special exception use; and WHEREAS, the Board of Trustees held a public hearing on the application at the Board’s May 2, 2024 regular meeting, during which the Board entertained public comments; Now therefore be it RESOLVED that the Board of Trustees, having deliberated on the application and the testimony presented at the public hearing and other public comments received from the public, and the materials presented by the Applicant, hereby adopts the following Findings and Conclusions as its determination on the Applicant’s special exception permit application:  FINDINGS and CONCLUSIONS The application is deemed complete for purposes of rendering a decision on the special exception permit. With respect to unit yield, the Board finds, under § 197-80.3.F of the Village Code, that the proposed yield of 16 dwelling units is within the permitted maximum density under the Code, and further finds, under § 197-80.3.G of the Village Code, that the proposed yield is consistent with the requirements of the code and therefore approved as the permitted yield. With respect to the affordable units, the Board notes that the final plans appear to satisfy the requirements of § 197-80.3 of the Code, subject to final review by the Planning Board to ensure that the affordable units are physically integrated into the design of the development and appropriately distributed in the same proportion as all other dwelling units in the development. The Board finds that the requirements of §197-79 of the Code are met, including that the proposed special exception use “will not prevent the orderly and reasonable use of the adjacent properties or of properties in the surrounding area or impair the value thereof,” “the safety, health, welfare, comfort, convenience or the order of the Village will not be adversely affected by the proposed special exception use and its location,” and “the special exception use will … promote the general purposes and intent of this chapter.” The Board also has considered the requirements of § 197-80 of the Code and finds that the proposal does not raise any concerns that are incapable of being mitigated through the conditions and modifications described herein and as customarily adopted by the Planning Board as part of its site plan review. THEREFORE, the Board approves Applicant’s request for a special permit to the extent of 16 dwelling units (13 market rate and 3 affordable units) in 12 two-story buildings (ten single-family dwellings with attached one car garages and tow three- unit manor houses) and associated site improvements collectively to serve as a multifamily development community, all subject to the completion of the site plan review process by the Planning Board, and subject to all conditions as the Planning Board may reasonably deem appropriate. Provided the final plans are substantially in conformance with the Final Plans approved herein, Applicant shall not be required to obtain a modified Special Exception Permit. In the event further substantial modifications are made, as determined by the Building Inspector, Applicant shall be required to obtain a modified Special Exception Permit to reflect those changes prior to issuance of a building permit. 14. Authorize Vehicle Peddling Permit – Ice Cream WHEREAS, Fahrettin Ozdemir has applied for a vehicle Peddling Permit to sell ice cream throughout the Village pursuant to §128-3 of the Village Code; and WHEREAS, the Police department has reviewed and investigated the applicant and found no criminal history pursuant to §128-4 and all requested documentation has been supplied; now therefore be it RESOLVED, that the Board of Trustees hereby authorizes a vehicle Peddling Permit to Fahrettin Ozdemir effective May 8, 2024 and expiring on December 31, 2024 as all other conditions in Chapter 128-10 and 128-11 of the Village Code have been met. 15. Authorize Vehicle Peddling Permit – Ice Cream WHEREAS, Ilyas Livaydin and Battal Kocakaya have applied for a vehicle Peddling Permit to sell ice cream throughout the Village pursuant to §128-3 of the Village Code; and WHEREAS, the Police department has reviewed and investigated the applicant and found no criminal history pursuant to §128-4 and all requested documentation has been supplied; now therefore be it RESOLVED, that the Board of Trustees hereby authorizes a vehicle Peddling Permit to Fahrettin Ozdemir effective May 24, 2024 and expiring on December 31, 2024 as all other conditions in Chapter 128-10 and 128-11 of the Village Code have been met. 16. Authorize Vehicle Peddling Permit – Ice Cream WHEREAS, Sfa Yilma has applied for a vehicle Peddling Permit to sell ice cream throughout the Village pursuant to §128-3 of the Village Code; and WHEREAS, the Police department has reviewed and investigated the applicant and found no criminal history pursuant to §128-4 and all requested documentation has been supplied; now therefore be it RESOLVED, that the Board of Trustees hereby authorizes a vehicle Peddling Permit to Fahrettin Ozdemir effective May 24, 2024 and expiring on December 31, 2024 as all other conditions in Chapter 128-10 and 128-11 of the Village Code have been met. 17. Authorize Special Event-Bike to the Beach RESOLVED, that the Westhampton Beach Elementary School is hereby authorized to hold a special event bike to the beach for the 5th graders on Thursday June 20, 2024 from 9:30 a.m. to 2:30 p.m. as per route approved by the Police Department. 18. Authorize Use of Village Property-Lashley Parking RESOLVED, that Jackie Sprotte of 441 Dune Road is retroactively authorized to use the Lashley bay side parking lot on Sunday June 2, 2024 from 12:00 p.m. to 5:00 p.m. for 28 cars provided there is the availability and with village issued parking passes. 19. Authorize Use of Village Property-Maria Z. Moore Community Park RESOLVED, that Vincent Fazio is hereby authorized to hold a dedication ceremony for the bocce courts in the Maria Z. Moore Community Park on Saturday June 15, 2024 from 12:00 p.m. to 2:00 p.m. with the understanding “That there is to be no Alcohol allowed on the property”. 20. Accept Proposal from Fab-Tex RESOLVED, that on May 2, 2024 the Board of Trustees accepted the proposal submitted by Fab-Tex Inc. in the amount not to exceed $25,000.00 for the refurbishment of the Kotamsu payloader to be taken from G/L account code A5110.402 Repair of Equipment Expense, with total expense being $26,301.89, now therefore be it RESOLVED, that the Board of Trustees hereby authorizes the additional amount of $1,301.89 to be paid from the expense account of A5110.402 Repair of Equipment. 21. Authorize 2024 Outdoor Seating Permit WHEREAS, Jennifer Neubauer of Local Provisions, 121A Main Street has applied for an Outdoor Tables and Seats Permit for 2024 to place three (3) outdoor tables with 2 seats at each table pursuant to §196-2 of the Village Code; so now therefore be it RESOLVED, that the Board of Trustees hereby authorizes the placement of outdoor tables and chairs as shown on the submitted plan approved in 2024 and subject to the conditions of §196-2 of the Village Code. 22. Authorize 2024 Outdoor Seating Permit WHEREAS, Ricardo Carmona of Dave’s Bun & Burger, 218 Mill Road has applied for an Outdoor Tables and Seats Permit for 2024 to place two (2) outdoor tables with 2 seats at each table pursuant to §196-2 of the Village Code; so now therefore be it RESOLVED, that the Board of Trustees hereby authorizes the placement of outdoor tables and chairs as shown on the submitted plan approved in 2024 and subject to the conditions of §196-2 of the Village Code. 23. Authorize 2024 Renewal for Outdoor Sales and Displays Permit - Collect WHEREAS, Leif Neubauer, tenant of the premises known as Collect, located at 83D Main Street, Westhampton Beach (SCTM 0905-11-2-10), has applied for a 2024 renewal permit for Outdoor Sales and Displays pursuant to Chapter 140 of the Code of the Village of Westhampton Beach, and WHEREAS, there were no substantiated incidents or reports filed concerning said use; now therefore be it, RESOLVED that the application for an Outdoor Sales and Displays permit for 2024 is granted subject to the following conditions set forth in section 140-2(A): a. Pursuant to the Planning Board’s report, there can be no placement of signs or any items which reflect signage, and all items must be placed a minimum of 30” from the Village right of way. b. No substantial deviation from the Outdoor Display Plan shall be allowed without further approval of the Board of Trustees; and c. This permit shall be in effect to November 15, 2024, unless previously revoked, and the applicant shall be required to follow the renewal provisions set forth in section 140-2(B) of the Village Code for future outdoor displays beyond such expiration date.  24. Authorize Special Event-Joe Koziarz Annual 5K Walk/Run RESOLVED, that the Board of Trustees hereby authorize the Joe Koziarz Annual 5K Walk/Run event on Saturday July 20, 2024 from 6:00 a.m. to 12:00 p.m. as per route designated by the Police Chief and Board of Trustees and approval is subject to receipt of insurance required and subject to the bridge closure from the Coast Guard. 25.Authorize Purchase of Equipment – Police Department RESOLVED, that the Board of Trustees hereby authorizes the purchase of 1 DJI MAVIC 3T Drone from Flymotion, LLC from Sourcewell Contract # 011223-FLM in the amount of $5,995.47 and $2,990.00 for software license to be taken from G/L account A3120.2 Police Equipment. 26.Accept Retirement of Employee RESOLVED, that the Board of Trustees hereby accepts the retirement of Deputy Village Clerk Elizabeth Lindtvit effective July 1, 2024. PUBLIC COMMENT DATED: June 6, 2024 Elizabeth Lindtvit Village Clerk-Treasurer EXECUTIVE SESSION-PBA Negotiation and Personnel