BOARD OF TRUSTEES September 10, 2012 Meeting called to order at 8:00 P.M. MEMBERS PRESENT: Mayor Imbert, Deputy Mayor Casserly, Trustee Johnson, Trustee Ubert and Trustee Siry ALSO PRESENT: Diane C. Sheridan, Administrator/Clerk; Bruce Kennedy, Village Attorney; Chief of Police Dobby, John Lauria, CEO, Charles Scudlo, Fire Chief and Marie Garraffo, Secretary to the Board of Trustees. The salute to the flag was led by Chief of Police Dobby and Fire Chief Scudlo. Upon motion of Mayor Imbert as seconded by Trustee Ubert minutes of the Regular meeting of the Board of Trustees held on June 25, 2012, and a special meeting of the Board of Trustees held on July 23, 2012, copies of which were distributed to all members of the Board were approved. Vote on the Motion: Mayor Imbert Trustee Ubert Trustee Johnson Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Mayor Imbert said at this time he would accept the resignation and retirement of Anna Marie Russo effective close of business August 30, 2012 and at the same time appoint Elizabeth A. Newman, Part-Time Temp (Police Dept. Secretary), hire date September 5, 2012 at a rate of $15.00 per hour, 218 Lake Dr., Copiague, NY 11726, and to also approve a Residency Waiver. The Mayor put this in the form of a motion which was seconded by Deputy Mayor Casserly. Vote on the Motion: Mayor Imbert Deputy Mayor Casserly Trustee Johnson Trustee Ubert Trustee Siry -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Mayor Imbert made a motion to accept the resignation of Christopher Tomanelli, EMT effective September 5, 2012 and to appoint Timothy Lay, currently an EMT - Critical Care Call-in position is moved to EMT - Critical Care Part-Time effective September 5, 2012, rate of pay remains the same. Deputy Mayor Casserly seconded the motion. Vote on the Motion: Mayor Imbert Deputy Mayor Casserly Trustee Johnson Trustee Ubert Trustee Siry -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays The Mayor stated the following appointments are retroactive and he made a motion to appoint the following two beach attendants effective August 13, 2012 at a rate of $7.25 per hour: Alex Byrne, 64 Franklin St. and Brian Scott, 9 LeBrun Ave. At this time the Mayor also made a motion for a correction to minutes of July 25, 2012 regarding payment to ConStar, Inc. The Board had approved $138,194.50 correct amount $141,174.50 due to additions/deletions of materials. Trustee Ubert seconded the motion. Vote on the Motion: Mayor Imbert Trustee Ubert Trustee Johnson Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Mayor Imbert called for Committee Reports. Trustee Siry reporting for the Dept. Of Public Works gave the following report. The Department is repainting the Village parking lots and parking stripes. Street light repairs and replacements ongoing including painting Route 110 and Merrick Road decorative light poles. Landscaping of Village parcels, weed removal overgrowth, sidewalks, sumps, parking lots ongoing, as is bush & hedge trimming. The Department continues to remove dead and trim potentially dangerous trees. Trash removal is ongoing from Village areas, beach, parks, viaduct and parking lots. Repaired and built a vandal protector for the door handle on the restrooms at the Louden Avenue playing field. The Highway Department places barricades and signage for the Farmers Market weekly. The Market runs until October 26th this year. Roadway repairs, pot holes, storm drain repairs ongoing. The Department rebuilt relay and wiring for irrigation and pond aerator, apparently electrical spike or lighting damaged units. Continue to water flower boxes, hanging planters and trees as rainfall was scattered. Flower planters are doing well and look great. Replaced the stockade fence along the south side of the Bennett Place Firehouse. Cleaned and removed seaweed at Village Beach three times a week during beach season. The men have lined and groomed ball fields. The Department has assisted the Police Department with traffic control for the Labor Day Spirituality Center Conference on County Line Road. Street sweeping is now continuing as an extensive repair was completed on the machine (oil cooler replacement). Repaved pathway to fishing pier, added two traffic planters with plants. Placed new plantings on west side of path, ordered supplies for the north and south fence line along path for replacement. They are working on repairing the ballfield light as the capacitor shorted out, placed a portable light tower temporarily until repair can be made. The Department assisted Dynaire with exchanging the heat exchanger. Cleaned up 1 car collateral damage accident between Richmond Avenue and Park Avenue in front of 108-118 Merrick Road. Picked up 9/11 artifact from JFK for Fire House which will be used as a memorial for a member of the Fire Department, Peter O’Neill, Jr., who lost his life at the World Trade Center on 9/11. Readied beach for F.D. picnic September 8, 2012 which ended up at the Fire House due to inclement weather. Deputy Mayor Casserly for the Beach Committee reported the Village enjoyed a successful season at the Beach and everything seemed to run pretty smoothly. The Beach is now closed. Little League and Softball has ended with the exception of the Knights of Columbus on Sunday mornings; DPW did a very good job and was complimented on the grooming of the fields. Deputy Mayor Casserly advised Chief Dobby that organized teams have been playing unauthorized ball games on Sunday afternoons at the Beach, they do not have permits and they continually come to the field and play. Deputy Mayor Casserly and asked him to please keep an eye on that situation. Deputy Mayor Casserly stated there are a number of fund raisers that are being held in relation to the playground improvements at the beach. The Chamber of Commerce would like BOT approval to sell bricks for a proposed entranceway into the park. The Chamber will come back to the BOT with a design for approval. Deputy Mayor Casserly spoke about the accident that Trustee Siry previously reported on stating that DPW was called out that night and was present all night at the site and this is a very costly. It was his opinion that the Village should charge the driver for the overtime costs involved. Deputy Mayor Casserly reported on the 911 Memorial Ceremony and invited everyone to attend. He also stated that the Farmers Market was very successful this year and thanked the Bay Village Civic Association for their efforts. The market will continue until the end of October. Trustee Johnson for the Village Justice Court reported on activity for the summer months. In the month of June there were 148 Parking Tickets processed for the month with fines collected of $4,635.00. There were also 233 Vehicle & Traffic Tickets processed which includes 10 DWI’S, for Criminal 26 cases were processed, with fines collected of $31,146.25, total fines collected YTD is $174,667.75 with 7 Village Ordinances processed. For the month of July 107 Parking Tickets processed for the month with fines collected of $4,055.00. 222 Vehicle & Traffic Tickets processed which includes 22 DWI’S, for Criminal 40 cases were processed, with fines collected of $28,742.00, total fines collected YTD is $203,409.75 with 24 Village Ordinances processed. For the month of August 127 Parking Tickets were processed for the month with fines collected of $5,475.00, total fines collected YTD is $45,544.00. 155 Vehicle & Traffic Tickets were processed which includes 13 DWI’S, for Criminal 19 cases were processed, with fines collected of $23,254.00, total fines collected YTD with vehicle, traffic and criminal is $226,663.75. 7 Village Ordinances were processed. Trustee Johnson as liaison to the Historical Society reported the Museum was closed this past week for painting and the installation of wall-to-wall carpeting which was a very generous donation from a local resident. Trustee Ubert for the Building Department reported the revenue collected by the Building Department for the month of June was $6,915.00; July $6,930.00 and August $13,265.00 which consisted of Building Permits, Duplicate C of O’s, demolition, fence and plumbing permits and Zoning and Planning Board applications. The Building Department has been busy monitoring current projects, the demolition of Brunswick Hospital. The new building on the corner of Merrick Road and Broadway has three tenants, ERDox, a Dermatology Clinic and the smallest tenancy by the producer of speciality cookies. 11 Broadway will soon be occupied by PKL Physical Therapy. Richmond Auto Body has started the addition to his business. The long vacant store next to Ollie’s Point is occupied with a new reptile/lizard store and is open for business. 317 Broadway, also long vacant, behind Sunoco at Albany Avenue and Broadway has been fully upgraded and will be used for medical use. Mayor Imbert asked the Department Heads if they had any comments. Fire Chief Scudlo thanked the Board and Supt. Hopper for their assistance in transporting the steel artifact from the World Trade Center. Mayor Imbert asked what will be done with it. Chief Scudlo replied there were many ideas and many opinions, but nothing definitive yet. CEO Lauria advised the residents and general public to use caution at the demolition site at Brunswick Hospital. Chief Dobby reported the Office of Emergency Management was activated for the Spirituality Center event over the Labor Day weekend. Jim Juliano and his son Steve Juliano worked very hard on it together with all the Department Heads, John Lauria, Chief Scudlo, Supt. Hopper and Lt. Gralton and explained what they did which included taking photos and having a site plan made in case of any type of emergency. The anticipated number of people at the site was 1500 people per day. Chief Dobby considered this to be a great dry run. Chief Dobby reported there were continued larceny from cars resulting with some arrests over the summer and urged residents not to leave their cars open and not to leave valuables in the car, especially at night. He added the residents are the eyes and ears of the Department and they have been calling in suspicious individuals or activity in their neighborhood. Chief Dobby stated crime has been steady over the summer. Moving along with the agenda, Mayor Imbert asked if there were any comments from the public on agenda items only at this time. Pearl Spellman, 24 Riverleigh Place questioned the new application for an Automotive License submitted by Guillermo Lopez d/b/a Strictly Auto Repairs, 61 John St. She was of the impression that the Village would not be allowing new automotive auto repair shops in the Village. The Mayor replied that applied to Merrick Road only. Ms. Spellman also commented on the application for an Automotive License submitted by Richmond Auto Body, 91 Merrick Road, regarding wrecked cars and boats being stored at the site. Deputy Mayor Casserly clarified some of the issues, but stated that everything will be moved and the site will be in compliance before the issuance of a C of O. for the new addition to the building. David Dubinsky, 70 Richmond Avenue. Also spoke regarding the Richmond Auto Body application. He stated that a special use permit was issued by the Board of Trustees and stipulations that were made regarding this property. Village Attorney Kennedy reminded Mr. Dubinsky that there is a lawsuit in progress about the issue of the revocation of the building permit and in view of the fact that this involves pending litigation he would instruct the Board not to discuss this any further. Mr. Kennedy also reminded Mr. Dubinsky that he had submitted an affidavit on behalf of the petitioners in this matter directly related to what he was going to talk about right now. Jim Wandell, 61 Norman Avenue inquired about the agenda item regarding the Village Assessor’s request for approval of settlements. He asked how many settlements and how much money was involved. Village Attorney Kennedy replied there were three matters, gave the names and addresses of the properties and the amount of the settlements involved. Mr. Wandell also asked about the budget modification submitted by Chief Dobby; Chief Dobby replied. There being no further comments regarding agenda items, the Mayor continued with the agenda. Application for a Permit to use public property submitted by St. Martin K of C for permission to use O’Connor Municipal parking Field for a senior outing on Sept. 5, 2012 from 8:30 a.m. to 10:30 p.m. Mayor Imbert made a motion to approve the request with the stipulation that the K of C notified the Library and they park in the n/e/ corner of the parking field; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Board of Trustees - September 10, 2012 Motion Carried: 5 ayes 0 nays Application for use of Entranceway Signs submitted by Amityville PBA to advertise the PBA Dinner Dance on Friday October 26, 2012. Mayor Imbert moved to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays New application for Automotive License submitted by Guillermo Lopez d/b/a Strictly Auto Repairs, 61 John St. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Hail Enginar, d/b/a 490 Broadway Petroleum Corp., 490 Broadway. Trustee Siry recommended approval with the CEO’s stipulation the applicant provide location of “Emergency Shut Off Switch” sign on pumps. Mayor Imbert made a motion to approve the application with the noted stipulations; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Kenneth Rabb, d/b/a German Auto Repair Tech, 1 Elm Place. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Board of Trustees - September 10, 2012 Renewal application for Automotive License submitted by Mehmet S. Savasciouglu, d/b/a Best Shopping, Inc., 293 Broadway. Trustee Johnson recommended approval with the CEO’s stipulations that they remove, repair and make safe the sidewalks and associated entry aprons on east and west side of premises within a period of 60 days. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Chris LaRosa d/b/a Dependable Repair, Inc., 163 Dixon Ave. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Chris LaRosa d/b/a Dependable Repair, Inc., 18 Ranick Dr. W. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Blanca E. Arguetta, d/b/a Juniors Auto Salvage, 139 Dixon Ave. Deputy Mayor Casserly, at the recommendation of the CEO, stipulated the applicant must remove the weeds and debris on the Elm Place side of their property in addition to the CEO’s stipulations that the two trailers in rear yard require licenses/permits. Mayor Imbert made a motion to approve the application with the CEO’s stipulations; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry -aye -aye -aye -aye Board of Trustees - September 10, 2012 Motion Carried: Deputy Mayor Casserly -aye 5 ayes 0 nays Renewal application for Automotive License submitted by Shen Yong, d/b/a ZSL Inc., Sunoco Bayview/Merrick 318 Merrick Road. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Anthony Manfredi, d/b/a A-Team Collision Inc., 42 Elm Place. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Kenneth Sharrott, d/b/a Artie & Ken Auto Repair, 120 Ireland Place. Deputy Mayor Casserly recommended approval with the stipulation they remove all junked vehicles located on the east side of the property and the derelict pick up truck within 30 days. Mayor Imbert made a motion to approve the application with Deputy Mayor Casserly’s stipulation; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Harold Hejna d/b/a Amityville Foreign Auto Parts, Inc. 105 Merrick Road. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert -aye -aye -aye Board of Trustees - September 10, 2012 Motion Carried: Trustee Siry Deputy Mayor Casserly -aye -aye 5 ayes 0 nays Renewal application for Automotive License submitted by John H. Schad, 153 Merrick Road. Trustee Ubert recommended approval with the CEO’s stipulation that they reinstate previous planted area - front of fence. Mayor Imbert made a motion to approve the application with the CEO’s stipulations; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Ernie Caramanico, d/b/a Amityville Firestone, 258 Broadway. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by James Galgano, d/b/a South Shore Auto Sales, 77 Merrick Road. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Kristine Gampero d/b/a New Security Collision Inc., 16 Sprague Ave. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry -aye -aye -aye -aye Board of Trustees - September 10, 2012 Motion Carried: Deputy Mayor Casserly -aye 5 ayes 0 nays Renewal application for Automotive License submitted by Michael Siegel d/b/a Legend Autorama, Ltd., 158 Merrick Road. Trustee Ubert recommended approval with the stipulation of the CEO that the applicant replace front plantings along Merrick Road acceptable to Board of Trustees. Mayor Imbert made a motion to approve the application with the CEO’s stipulations; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Arthur Szu d/b/a Lake Town Motors, 118 Merrick Road. Trustee Ubert recommended approval with the CEO’s stipulations that they maintain sidewalk area in front of premises free from grass, weeds and debris. Mayor Imbert made a motion to approve the application with the CEO’s stipulations; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Andrew Nuss, d/b/a Village Line Auto Body, 67A Albany Ave. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Thomas Nuss, d/b/a Bang’s Towing, Inc., 67 Albany Ave. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson -aye -aye Board of Trustees - September 10, 2012 Motion Carried: Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye 5 ayes 0 nays Renewal application for Automotive License submitted by John Vigorito Sr. d/b/a Security Dodge Chrysler Jeep Ram,345 Merrick Road. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Michael Minella d/b/a Long Island Automotive, 124 Greene Ave. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Peter Litvinoff, d/b/a Richmond Auto Body, 91 Merrick Road. Trustee Johnson recommended approval with the CEO’s stipulations that at the completion of in progress construction (building addition) office trailer to be moved from residential district to within business district of premises. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application with the CEO’s stipulation; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Peter Litvinoff, d/b/a Richmond Auto Body, 370 Merrick Road. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert -aye Board of Trustees - September 10, 2012 Motion Carried: Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye 5 ayes 0 nays Renewal application for Automotive License submitted by Antonio Scoleri, d/b/a Auto-Topia, Inc., 233 County Line Road. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Bruce Casagrande, d/b/a Auto Emporium, 189 Sunrise Highway. Trustee Ubert recommended approval with the CEO’s stipulations that the west side car prep area be dismantled within 90 days and there is no display of cars on sidewalk close to Sunrise Highway. Deputy Mayor Casserly also asked the CEO to stop by and advise them of not parking the cars on Sunrise Highway. Mayor Imbert made a motion to approve the application with the CEO’s stipulations; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Joseph C. Bang d/b/a Bang’s Towing & Recovery, Inc., 9 Elm Place. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by David Azougi d/b/a DMA Automotive, 340 Merrick Road. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert -aye Board of Trustees - September 10, 2012 Motion Carried: Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye 5 ayes 0 nays Renewal application for Automotive License submitted by John Giamarino d/b/a Amity Bay Auto Sales, 76 Merrick Road. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Salvatore Salamone d/b/a A-1 Sal’s Auto Repair, 76 Merrick Road. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by John P. McCreedy, d/b/a Topline Auto Sales, 45 Burch Ave. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for Automotive License submitted by Peter Cioci d/b/a P.C. Auto, 126 Merrick Road. The CEO upon inspection found no violation of applicable codes. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry -aye -aye -aye -aye Board of Trustees - September 10, 2012 Motion Carried: Deputy Mayor Casserly -aye 5 ayes 0 nays New Application for a Cabaret License submitted by Darryl Kelley, d/b/a Bulldog Grille, 292 Merrick Road. Trustee Ubert recommended approval with the stipulations noted by the CEO to keep any/all obstructions from the second floor exterior walkway to exterior stairway, i.e., tables/floor mats. Mayor Imbert made a motion to approve the application with the CEO’s stipulations. Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal Application for a Cabaret License submitted by Ana Reyes, Edgar Reyes, d/b/a El Rodeo Restaurant Bar, 528-30 Broadway. Mayor Imbert recommended approval for a period of six (6) months only based on Police Department activity and the history of this establishment. CEO recommendations and stipulations that the area within, previously storage area, has been converted to expanded restaurant use without proper permits from Building Department. Permits and C of O for renovations required prior to approval. Mayor Imbert made a motion to approve the application for six (6) months with the CEO’s stipulations. Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for a Carting License submitted by Robert Polleri, d/b/a Detail Carting Co., Inc. 1590 Lakeland Ave., Bohemia. The application was in order. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for a Carting License submitted by Patricia Petrizzo, d/b/a Mets Roll-Off Service Inc., 311 Winding Road, Old Bethpage, NY. The application was in order. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert -aye Board of Trustees - September 10, 2012 Motion Carried: Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye 5 ayes 0 nays Renewal application for a Carting License submitted by Mary DiMatteo, d/b/a Jet Sanitation Service Corporation, 228 Blydenburgh Road, Islandia. The application was in order. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Renewal application for a Carting License submitted by Emedio Fazzini, d/b/a Jamaica Ash & Rubbish Removal Co., Inc., 172 School St., Westbury (EJ) The application was in order. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays New application for License to Peddle or Hawk submitted by Ali R. Mubashir, for Slomins Inc., 125 Lauman Lane, Hicksville. The application was in order. Mayor Imbert made a motion to approve the application; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays New Application for a Taxicab Company License submitted by Jose J. Pastora, d/b/a LI Carolina Express, Inc., 210 Oak Street, Copiague. Trustee Ubert made a motion to deny the application based on the Police Department’s background check of excessive criminal and vehicle violations. Mayor Imbert seconded the motion. Vote on the Motion: Trustee Ubert Mayor Imbert Trustee Johnson -aye -aye -aye Board of Trustees - September 10, 2012 Motion Carried: Trustee Siry Deputy Mayor Casserly -aye -aye 5 ayes 0 nays Renewal Application for a Taxicab Driver’s License submitted by Jose N. Ramos, 35 E. Grove St., Massapequa, (LI Caroline Express Inc.) Trustee Ubert made a motion to deny the application based on the Police Department’s background check of excessive criminal and vehicle violations. Mayor Imbert seconded the motion. Vote on the Motion: Trustee Ubert Mayor Imbert Trustee Johnson Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Motion Carried: 5 ayes 0 nays Request from the Science of Spirituality Meditation Center for permission to park cars at the Long Island Railroad north parking lot August 31 to September 3, 2012. Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye 5 ayes 0 nays Request received from Kelly Medwig and Bridie O’Neill for permission to hold the Peter J. O’Neill, Jr. 5-K race on Saturday, November 24, 2012. Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye 5 ayes 0 nays Request from Unqua Corinthian Yacht Club for permission to have outdoor music from 7:00 p.m. to 11:00 p.m. on September 7, 2012. The letter also states this is the last event of the season and requests additional time extended to midnight. Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert -aye Trustee Johnson -aye Trustee Ubert -aye Trustee Siry -aye Deputy Mayor Casserly -aye Board of Trustees - September 10, 2012 Motion Carried: 5 ayes 0 nays Request from Amityville Rotary Club, Chamber of Commerce and Historical Society for permission for the closure of Park Avenue from Greene Avenue to Wanser Place on October 6, 2012 from 7:00 a.m. to 5:00 p.m. for the Annual Apple Festival. Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye 5 ayes 0 nays Request from Bay Village Civic Association for permission to close Bennett Place to traffic from Grace Ct. to South Ireland on Saturday, December 1, 2012 for the Holiday Tour of Homes from noon to 4:00 p.m. Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye 5 ayes 0 nays Request from David Rossi, St. Martin of Tours School, for permission to use the Louden Avenue soccer field for the Catholic Middle School Athletic Assoc. sponsored soccer season; requested dates include September 21,24,26; October 1,3,10,12,17,22,24,29; November 5,7,14,16 between the hours of 3-4:30 pm. Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye 5 ayes 0 nays Request from Peter Litvinoff, Richmond Auto Body for permission to store building material, construction vehicles and cars on his back property until construction is complete, approximately 12 weeks. Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert -aye -aye -aye Board of Trustees - September 10, 2012 Motion Carried: Trustee Siry Deputy Mayor Casserly -aye -aye 5 ayes 0 nays Request form Warren Moore, 92 Stuart Avenue, for a refund of $200 rental fee for the pavilion. The event was cancelled. Mayor Imbert made a motion to refund 50% of the fee. Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye 5 ayes 0 nays Letter received from Senator Charles J. Fuschillo, who will be sponsoring an Eyeglass Donation and Cell Phone for Soldiers Program, requesting the use of Amityville Village Hall parking lot on Saturday, October 13, 2012 from 9 a.m. to 12 p.m. Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye 5 ayes 0 nays Request from the Amityville Fire Dept. requesting the assistance of the Dept. of Public Works in picking up a steel artifact from the World Trade Center at JFK airport. Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye 5 ayes 0 nays Request from Fire Chief Scudlo for Hose Testing Services for the Department to test, inspect and inventory all of the hoses. The cost for services is $2,603.00 (3410.231). Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye Board of Trustees - September 10, 2012 Motion Carried: 5 ayes 0 nays Request from Amityville Fire Council for BOT approval of new members; Robert Kiley Rendon, 17 Forrest Place, age 27, as a new member of Fire Police; Joe Ferrigno, Salt Box Path, age 27, as a new member of Hose Company #4 Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye 5 ayes 0 nays Request from Police Officer David Smith for permission to hold the annual Thomas H. Smith Ragamuffin Parade on Saturday, October 27, 2012 at 10:00 am with a rain date of Sunday, October 28, 2012 at 10:00 am. Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye 5 ayes 0 nays Request from Village Assessor for approval of proposed settlements for: 1. Amityville Land Improvement, Co., 50 Broadway, SCTM #101-7-4-12. Final Assessed Value for 2013/14 Tax Year: 13,185; total refund for tax years 2006/07, though 2012/13 of: $8,000; with a moratorium for tax years 2013, 2014 and 2015 2. Getty Petroleum Marking, Inc. (Leemilts Petroleum, Inc.), 315 Merrick Road, SCTM #10110-3-2.001, Final Assessed Value for 2013/14 Tax Year; 14,500; total refund for Tax Years 2007/08, through 2012/13 of:$6,000. Moratorium for Tax Years 2012, 2014 and 2015. 3. Amity Oak Associates, LLC, 236 Oak Street, SCTM #101-4-4-63.012; Final Assessed Value for 2012/14 Tax Year 95,238; Total refund for Tax Years 2005/06, through 2012/13 of $70,000, refund will be made in two equal payments of $35,000: First Payment ($35,000) will be made within 30 days of Board approval, Second payment ($35,000) by June 30, 2012; Moratorium for Tax Years 2012, 2014 and 2015. Mayor Imbert made a motion to approve the Assessor’s request; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert -aye Board of Trustees - September 10, 2012 Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly Motion Carried: -aye -aye -aye -aye 5 ayes 0 nays Requisition submitted by the Amityville Fire Department for payment to T. Smith & Sons Marine for service and repairs to 1-1-23 in the amount of $5,168.68 (A3410.231). Mayor Imbert made a motion to approve the requisition; Trustee Johnson seconded the motion. Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly Motion Carried: 5 ayes -aye -aye -aye -aye -aye 0 nays The following resolution was offered by Mayor Imbert, who moved for its adoption, and seconded by Trustee Johnson, to wit: Resolution 12-09-01 Resolved that the Village of Amityville Board of Trustees authorizes revision to Personnel Policy, Chapter 10 for the removal of Paid Time Off for part-time employees. Vote on the Resolution: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye The Resolution was declared duly adopted. The following resolution was offered by Mayor Imbert, who moved for its adoption, and seconded by Trustee Johnson, to wit: Resolution 12-09-02 Resolved that the Village of Amityville Board of Trustees authorizes the removal of Workplace Violence Prevention Policy from Safety Policy and adopt as a separate policy. Vote on the Resolution: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye The Resolution was declared duly adopted. The following resolution was offered by Mayor Imbert, who moved for its adoption, and seconded by Trustee Johnson, to wit: Board of Trustees - September 10, 2012 Resolution 12-09-03 Resolved that the Village of Amityville Board of Trustees authorizes the update of the Harassment Policy which includes sexual harassment and to include other forms of harassment. Vote on the Resolution: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye The Resolution was declared duly adopted. The following resolution was offered by Mayor Imbert, who moved for its adoption, and seconded by Trustee Johnson, to wit: Resolution 12-09-04 Resolved that the Village of Amityville Board of Trustees authorizes the adoption of the newly created Equal Employment Opportunity Policy. Vote on the Resolution: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye The Resolution was declared duly adopted. The following resolution was offered by Mayor Imbert, who moved for its adoption, and seconded by Trustee Johnson, to wit: Resolution 12-09-05 Resolved that the Village of Amityville Board of Trustees retain the firm of Skinnon and Faber, CPA, PC to prepare the annual audit of the Justice Court records and dockets in accordance with NY State requirements in the amount of $750.00. Vote on the Resolution: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -aye -aye The Resolution was declared duly adopted. The following resolution was offered by Mayor Imbert, who moved for its adoption, and seconded by Trustee Johnson, to wit: Resolution 12-09-06 Board of Trustees - September 10, 2012 Resolved that Savik & Murray PC, be, and the firm hereby is, authorized to conduct a revision and resubmission of plans to Suffolk County for the Department of Public Works salt shed in an amount not to exceed $2,000.00. Vote on the Resolution: Mayor Imbert Trustee Johnson Trustee Ubert Trustee Siry Deputy Mayor Casserly -aye -aye -aye -nay -aye The Resolution was declared duly adopted. Permission for Justice Court Clerk Schweit to attend the annual Fall Conference for Court Clerks held in Albany, 9/30-10/3, at a cost of $756. + travel expenses, not to exceed $900. (1110.445). Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert -aye Trustee Siry Deputy Mayor Casserly 5 ayes -aye -aye -aye -aye 0 nays Authorization for FD to renew maintenance agreement for breathing air compressor with Air & Gas Technologies for the 2012-2013 year in the amount of $1,286.50 (3410.450). Mayor Imbert made a motion to approve the request; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert -aye Trustee Siry Deputy Mayor Casserly 5 ayes -aye -aye -aye -aye 0 nays Requisition submitted by Glass & Glass for legal services rendered in conjunction with an Article 78 proceeding in the amount of $ $3,604.16 (1420.440). Mayor Imbert made a motion to approve the requisition; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert -aye Trustee Siry Deputy Mayor Casserly 5 ayes -aye -aye -aye -aye 0 nays Approval of a budget modification submitted by Chief Dobby to increase 3120.232 (boat repair) in the amount of $1044.40 and to decrease 3120.250 (equipment) $1044.40. Mayor Imbert made a motion to approve the budget modification; Trustee Johnson seconded the motion. Board of Trustees - September 10, 2012 Vote on the Motion: Mayor Imbert Trustee Johnson Trustee Ubert -aye Trustee Siry Deputy Mayor Casserly Motion Carried: 5 ayes -aye -aye -aye -aye 0 nays Approval of Treasurers abstracts for the period July 24 th to September 10, 2012 General Fund Automated Checks: Account Starting # Ending # Amount Chase General Account 15392 15622 $441,320.59 Payroll Fund Account Starting # Chase Payroll Account Ending # 58104 Amount $2,516.60 Capital Fund Account Starting # Citibank Capital 100612 Ending # 100613 Amount $154,049.50 Trust & Agency Fund Account Starting # Chase T&A 10992 Ending # 11006 Amount $50,175.39 58104 Mayor Imbert moved to approve the Treasurer’s abstracts; Trustee Johnson seconded the motion. Vote on the Motion: Motion Carried: Mayor Imbert Trustee Johnson Trustee Ubert -aye Trustee Siry Deputy Mayor Casserly 5 ayes -aye -aye -aye -aye 0 nays That being the end of the agenda, Mayor Imbert asked the Clerk if there were any additional agenda items for approval. To retain the services of John T. McDonough for refurbishment work of the Beach Pavilion, not to exceed $7,500; monies are from Senator Johnson’s grant. Mayor Imbert so moved, Deputy Mayor Casserly seconded the motion. Vote on the Motion: Mayor Imbert Deputy Mayor Casserly Trustee Siry Trustee Johnson Trustee Ubert -aye Motion Carried: 5 ayes 0 nays -aye -aye -aye -aye Board of Trustees - September 10, 2012 There being no further agenda items and no further comments from the Board; the Mayor opened the meeting to the public. Joanne Fiske, 29 Maple Drive spoke about a complaint that she submitted to the Building Department regarding the rear of the beer distributor on Broadway and as of this date has not heard anything about it nor has she seen any progress at the site. Mr. Lauria replied he will check with Mr. Whalen in the morning, but he was aware that a violation was issued to that location. He will check the status. Jackie Dell, 139 Riverside Avenue inquired about the possibility of road work repairs. The Mayor advised Ms. Bell that a couple of years ago a referendum regarding road work had been put before the voting public and defeated. She then spoke about speeding vehicles on her street and drivers not paying attention to stop signs. Chief Dobby said whenever you have a complaint like that to call the desk for come in to Village Hall to fill out a complaint form. Chief Dobby explained the process. Ms. Dell asked about the possibility of a crossing guard at the high school at the corner of Riverside Avenue. Chief Dobby explained. There being no further comments from the public or from members of the Board of Trustees, the Mayor made a motion to adjourn the meeting. Deputy Mayor Casserly seconded the motion. Vote on the Motion: Mayor Imbert Deputy Mayor Casserly Trustee Siry Trustee Johnson Trustee Ubert -aye Motion Carried: 5 ayes -aye -aye -aye -aye 0 nays _______________________________________ Diane C. Sheridan, Administrator/Clerk Meeting was adjourned at 8:55 p.m.