DRAFT

Cc: Mayor Pellegrino

       Attorney Limmer

Cc: BoT

 

 

A Regular Meeting of the Board of Trustees of the Village of Port Washington North was held on Monday, May 10, 2004 at 7:30pm at the Village Hall, 71 Old Shore Road, Port Washington, New York.

 

Present:          Mayor                          -          Thomas J. Pellegrino

                    Trustees                       -          Steven Cohen

-                     Gary Levi

-                     Michael Schenkler

-                     Robert Weitzner

Clerk - Palma Torrisi

Attorney - Christopher Prior

Public Stenographer - Thomas Basile

 

 

1.  Public Hearings

 

          A.  Mayor Pellegrino opened the public hearing, duly adjourned from April 19, 2004, to consider the adoption of Bill 1A of 2004, amending chapter 143, Streets and Sidewalks, of the Code of the Village of Port Washington North, to prohibit the use of streets for commercial purposes.  On motion of Trustee Levi, seconded by Trustee Schenkler, it was unanimously

RESOLVED that the public hearing be adjourned to Monday, June 14, 2004 at 7:30 p.m. at the Village Hall, 71 Old Shore Road, Port Washington, New York.

 

          B.  Mayor Pellegrino opened the public hearing, duly advertised in the April 29, 2004 Port Washington News, to consider the adoption of Bill 3A of 2004, amending Section 143-18, Responsibility for sidewalk maintenance, snow, ice and debris removal; repair, of the Code of the Village of Port Washington North.  A stenographic transcript of the hearing was made and is on file with the Village Clerk.  All those present wishing to speak having been heard, the Mayor closed the public hearing.  On motion of Trustee Schenkler, seconded by Trustee Levi, it was RESOLVED that Bill 3A of 2004 be and hereby is adopted as LOCAL LAW 2 of 2004 to read as follows:

 

( insert LL 2’04)

 

Vote was recorded as follows:  Trustee Cohen-aye, Trustee Levi-aye, Trustee Schenkler-aye, Trustee Weitzner-aye, Mayor Pellegrino-aye.  Motion carried.

 

          C.  Mayor Pellegrino opened the public hearing, duly advertised in the April 29, 2004 Port Washington News, to consider the adoption of Bill 4 of 2004, amending Article II, Delco Plaza Shopping Center, of Chapter 121, Parking, of the Code of the Village of Port Washington North, to include the new Stop and Shop Shopping Center parking lot.  A stenographic transcript of the hearing was made and is on file with the Village Clerk.  All those present wishing to speak having been heard, the Mayor closed the public hearing.  On motion of Trustee Weitzner, seconded by Trustee Cohen, it was RESOLVED that Bill 4 of 2004 be and hereby is adopted as LOCAL LAW 3 of 2004 to read as follows:

 

( insert LL 3’04)

 

Vote was recorded as follows:  Trustee Cohen-aye, Trustee Levi-aye, Trustee Schenkler-aye, Trustee Weitzner-aye, Mayor Pellegrino-aye.  Motion carried.

 

2.  Clerk

 

A.  On motion of Trustee Levi, seconded by Trustee Schenkler, it was unanimously

RESOLVED that the reading of the minutes of the Board of Trustees meetings of March 8, 2004, March 22, 2004 and March 30, 2004 be waived and that they be and hereby are approved as prepared by Clerk Torrisi.

 

          B.  Clerk Torrisi reported that all 2003 taxes have been received and that the Tax Sale, scheduled for May 27, 2004, is cancelled.

 

3.  Treasurer

 

          A.  On motion of Trustee Schenkler, seconded by Trustee Levi, it was unanimously

RESOLVED that the reading of Abstract Number 26, totaling $50,597.07, be waived and that it be and hereby is approved as presented by Treasurer Stack.

 

          B.  On motion of Trustee Cohen, seconded by Trustee Schenkler, it was unanimously

RESOLVED that the Treasurer’s Report as of April 30, 2004, showing the ending fund balance to be $383,568, be and hereby is accepted as prepared by Treasurer Stack.

 

4.  Building Department Report

 

A.  On motion of Trustee Weitzner, seconded by Trustee

Cohen, it was

RESOLVED that the Building Department report for the month of April 2004 be and hereby is accepted as submitted.

 

Vote was recorded as follows:  Trustee Cohen-aye, Trustee Levi-aye, Trustee Schenkler-nay, Trustee Weitzner-aye, Mayor Pellegrino-aye.  Motion carried.

 

          B.  The Board directed the Building Department to request that Soundview Marketplace install signs on its handicapped parking spaces so that vehicles will not park in the striped wheelchair lift spaces.

 

5.  Old Business

 

A.  Valet Parking Permit Application – Tease Restaurant

 

On motion of Trustee Schenkler, seconded by Trustee Levi, the following resolution was unanimously adopted:

WHEREAS an application for a valet parking permit has been submitted to the Board of Trustees for its consideration; and

WHEREAS a short environmental assessment form has been submitted on behalf of the Village; and

WHEREAS the members of the Board have carefully reviewed said assessment form;

NOW, THEREFORE, BE IT RESOLVED that this Board hereby designates itself as the lead agency for environmental review with regard to the adoption of the proposed valet parking permit application and this Board determines that the proposed valet parking permit application is an unlisted action as determined by the Commissioner of the Department of Environmental Conservation, and that it will not have an adverse impact on the environment, and directs that the application be sent to the Nassau County Planning Commission.

 

B.  Pellegrino Park (Bay Walk) – Adoption of Master Plan

 

On motion of Trustee Weitzner, seconded by Trustee Cohen, the following resolution was unanimously adopted:

 

WHEREAS, the Village of Port Washington North (the “Village”) entered into a contract with the New York State Department of State (the “Department”), contract # C006260, dated, by the signature on behalf of the Department, January 31, 2003, for the Project Description “Port Washington North – Bay Walk Park” (the “Contract”); and

WHEREAS, in substance, pursuant to the Contract, the Village was to complete the planning, public participation, and engineering design, for the development of Bay Walk Park, which would link four municipalities to the waterfront, creating an attractive and functional waterfront park, enhancing public access, and protecting natural resources in Manhasset Bay, as more fully provided in the Program Workplan attached as Appendix D to the Contract; and

WHEREAS, the subject area for which the Bay Walk Park is being considered is a “Special Management Area” as defined by the New York State Department of State; and

          WHEREAS, pursuant to the Contract, the Village, among other things, has:

1.                Completed Task 1, initial scoping meeting to discuss the contract scope and RFP process, and has established a steering committee (the “Steering Committee”).

2.                Completed Task 2, The Request for Proposals.

3.                Completed Task 3, Consultant Selection, which resulted in the engagement of Cameron Engineering & Associates, LLP, (“Cameron”) as the Consultant to the Village.

4.                Completed Task 4, Contract Preparation and Execution, with Cameron.

5.                Established a Steering Committee representative of involved municipal governments, civic associations, and other local interested parties.  The steering Committee has held more than five meetings.

6.                Completed Task 5, Project Scoping Session.

7.                Completed Task 6, Public Participation Component, including, but not limited to:  the conducting of a public participation event at a convenient location where a visioning process was held; and the holding of two additional meetings by the Steering Committee, which were open to the public and which provided everyone present who wished to be heard an opportunity to speak.

8.                Completed Task 7, Preliminary Design, including site reconnaissance and schematic designs.

9.                Completed Task 8, Open Public review meetings.

And

WHEREAS, the Steering Committee has adopted the following Mission Statement Goals and Objectives:

1.    Provide passive and active recreation opportunities.

2.    Protect, preserve, and enhance the site’s and adjacent area’s natural resources.

3.    Being compatible with surrounding residential communities.

4.    Complement adjacent property uses and commercial activities.

5.    Provide appropriate and safe access for the public including the disabled.

6.    Preserve significant view corridors.

7.    Being able to be implemented in a timely fashion.

8.    Being able to be managed in an economically sustainable manner with public and private funding.

9.    Create a distinctive park that is the pride of the Port Washington Peninsula.

And,

WHEREAS, the Steering Committee has recommended to this Board that it adopt a preliminary design for the Bay Walk Park, more specifically, the document entitled “Bay Walk Park – Master Plan Port Washington North, Nassau County, New York” prepared by Cameron Engineering & Associates, LLP, and Sidney B. Bowne & Son, LLP, Dated December 2003, last revised April 2004 (the “Master Plan”); and

WHEREAS, this Board has carefully reviewed the Mission Statement Goals and Objectives and the Master Plan; and

WHEREAS, this Board finds that the Mission Statement Goals and Objectives and the Master Plan are in conformity with the purpose, spirit, and intent of the Contract and in furtherance of the health, safety, and welfare of the Village and in the best interests of the Village; and

WHEREAS, this Board finds that it is the best interests of the Board to accept and adopt as its own the Mission Statement Goals and Objectives and the Master Plan, so that Cameron can now proceed to Task 9, Construction Requirement Analysis;

NOW THEREFORE, BE IT RESOLVED that this Board hereby accepts and adopts as its own the Mission Statement Goals and Objectives and the Master Plan.

 

6.  New Business

 

          A.  Mayor Pellegrino introduced Bill No. 5 of 2004, to amend certain fee provisions of the Code of the Village of Port Washington North.  A copy of said bill was placed on the desks of each of the trustees.  The Village Attorney presented a Short Environmental Assessment Form to the Board.  On motion of Trustee Schenkler, seconded by Trustee Levi, the following resolution was unanimously adopted:

 

WHEREAS Bill 5 of 2004, to amend certain fee provisions of the Code of the Village of Port Washington North, has been submitted to the Board of Trustees for its consideration; and

WHEREAS a short environmental assessment form has been submitted on behalf of the Village; and

WHEREAS the members of the Board have carefully reviewed said assessment form; and

WHERESAS the subject bill concerns the legislative action of this Board;

NOW, THEREFORE, BE IT RESOLVED that this Board hereby designates itself as the lead agency for environmental review with regard to the adoption of the proposed local law and this Board determines that the proposed local law is not an action as determined by the Commissioner of the Department of Environmental Conservation, and that it will not have an adverse impact on the environment, and sets a public hearing with regard to the proposed adoption of this local law for the 14h day of June 2004 at 7:30 pm at the Village Hall, 71 Old Shore Road, Port Washington, New York.

 

          B.  On motion of Trustee Weitzner, seconded by Trustee Levi, it was unanimously

RESOLVED that the Board of Trustees will hold a public hearing on Monday, June 14, 2004 at 7:30 p.m. with regard to the adoption of a resolution enacting a schedule of fees, deposits, and insurance to implement Chapter 91, Fees, Deposits, and Insurance for permits, copies, and other applications to the Village and the Village boards, committees, and departments.

 

          C.  Mayor Pellegrino introduced Bill No. 6Bof 2004, to amend the zoning provisions of the Code of the Village of Port Washington North with regard to food establishments.  A copy of said bill was placed on the desks of each of the trustees.  The Village Attorney presented a Short Environmental Assessment Form to the Board.  On motion of Trustee Schenkler, seconded by Trustee Levi, the following resolution was unanimously adopted:

 

WHEREAS Bill 6B of 2004, to amend the zoning provisions of the Code of the Village of Port Washington North with regard to food establishments, has been submitted to the Board of Trustees for its consideration; and

WHEREAS a short environmental assessment form has been submitted on behalf of the Village; and

WHEREAS the members of the Board have carefully reviewed said assessment form; and

WHERESAS the subject bill concerns the legislative action of this Board;

NOW, THEREFORE, BE IT RESOLVED that this Board hereby designates itself as the lead agency for environmental review with regard to the adoption of the proposed local law and this Board determines that the proposed local law is an unlisted action as determined by the Commissioner of the Department of Environmental Conservation, and that it will not have an adverse impact on the environment, and sets a public hearing with regard to the proposed adoption of this local law for the 14th day of June 2004 at 7:30 pm at the Village Hall, 71 Old Shore Road, Port Washington, New York.

 

          D.  Mayor Pellegrino introduced Bill No. 7 of 2004, to amend Ordinance I, the Building Zone Ordinance, of the Village of Port Washington North, to re-zone the premises known as Section 4, Block Q, Lot 244 on the Nassau County Land and Tax Map from Economic Development A District to Business District.  A copy of said bill was placed on the desks of each of the trustees.  The Village Attorney presented a Short Environmental Assessment Form to the Board.  On motion of Trustee Schenkler, seconded by Trustee Levi, the following resolution was unanimously adopted:

 

WHEREAS Bill 7 of 2004, to amend Ordinance I, the Building Zone Ordinance, of the Village of Port Washington North, to re-zone the premises known as Section 4, Block Q, Lot 244 on the Nassau County Land and Tax Map from Economic Development A District to Business District, has been submitted to the Board of Trustees for its consideration; and

WHEREAS a short environmental assessment form has been submitted on behalf of the Village; and

WHEREAS the members of the Board have carefully reviewed said assessment form; and

WHERESAS the subject bill concerns the legislative action of this Board;

NOW, THEREFORE, BE IT RESOLVED that this Board hereby designates itself as the lead agency for environmental review with regard to the adoption of the proposed local law and this Board determines that the proposed local law is an unlisted action as determined by the Commissioner of the Department of Environmental Conservation, and that it will not have an adverse impact on the environment, and sets a public hearing with regard to the proposed adoption of this local law for the 14th day of June 2004 at 7:30 pm at the Village Hall, 71 Old Shore Road, Port Washington, New York.

 

E.      Contracts

 

1.     On motion of Trustee Weitzner, seconded by Trustee

Cohen, the following resolution was unanimously adopted:

WHEREAS Port Counseling Center Inc. is a not-for-profit corporation, organized and existing under the Not-For-Profit Corporation Law of the State of New York, which is located in Port Washington, New York; and

WHEREAS Port Counseling Center works cooperatively with North Shore University Hospital in the provision of adolescent, young adult, family counseling and related services; and

WHEREAS Port Counseling Center has agreed to makes its services available to residents of the Village; and

WHEREAS the Village is desirous of providing such services on an annual basis to its residents;

NOW, THEREFORE, BE IT RESOLVED that the Village of Port Washington North enter into an agreement with Port Counseling Center Inc. to provide the aforementioned services to residents of the Village during the fiscal year June 1, 2004 to May 31, 2005 for the sum of two thousand dollars, as more particularly set forth in a written agreement between the parties dated June 1, 2003, subject to the approval as to form by the Village Attorney.

 

2.     On motion of Trustee Weitzner, seconded by Trustee

Levi, it was unanimously

RESOLVED that the Village of Port Washington North enter into an agreement with the Port Washington Senior Citizen Center to provide for a Recreation Program for the Elderly 2004-2005 for the fiscal period commencing June 1, 2004 and ending May 31, 2005 upon the terms and conditions set forth in the agreement dated as of June 1, 2003 and that the Village’s cost under this agreement be $3,540.00, subject to the approval as to form by the Village Attorney.

 

3.      On motion of Trustee Weitzner, seconded by Trustee

Cohen, it was

RESOLVED that the Village of Port Washington North enter into an agreement with the Port Washington Senior Community Service Center to provide for a Recreation Program for the Elderly 2004-2005 for the fiscal period commencing June 1, 2004 and ending May 31, 2005 upon the terms and conditions set forth in the agreement dated as of June 1, 2003 and that the Village’s cost under this agreement be $2,460.00, subject to the approval as to form of the Village Attorney.

 

7.  Executive Session – One Soundview Drive

 

On motion of Trustee Schenkler, seconded by Trustee Cohen, it was unanimously RESOLVED that the Board enter into executive session to discuss potential litigation.

 

On motion of Trustee Levi, seconded by Trustee Cohen, it was  unanimously RESOLVED that the executive session be ended and that the regular meeting  be reconvened.

 

8.  New Business (continued)

 

Mayor Pellegrino stated that no action was taken in executive session.

 

A.           On motion of Trustee Cohen , seconded  by Trustee

Schenkler, the following resolution was unanimously, adopted:

 

Resolution for Sale of Municipal Parking Lot

 

WHEREAS, the Village has moved its Village Hall from One Soundview Drive to 71 Old Shore Road, and

 

          WHEREAS, the Village owns a parcel of property known as Section 4, Block 125, Lots 10 and 20 on the Nassau County Land and Tax Map, which had been used as a municipal parking lot to provide parking for employees and guests working at or visiting the old Village Hall at One Soundview Drive, and

         

WHEREAS, there is no longer a municipal need or other public purpose to continue to provide a municipal parking lot adjacent to the premises at One Soundview Drive, and

 

WHEREAS, there is no longer any other need for the Village to retain title to the subject premises, and

 

WHEREAS, it would be in the best interests of the Village to sell the subject premises and to use the proceeds therefrom for such purpose or purposes as the Board of Trustees may from time to time deem in the best interests of the Village, and 

 

WHEREAS, the Village would like to limit its liability from any personal injury claims that may arise from someone being injured on the subject premises, now that they are no longer needed for municipal purposes, until the time that the subject premises are conveyed to another party,

 

NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:

 

1.                The parcel of property known as Section 4, Block 125, Lots 10 and 20 on the Nassau County Land and Tax Map, hereinafter referred to as the subject premises, is no longer needed for any public purpose.

 

2.                It is in the best interests of the Village to sell the subject premises for its fair market value.

 

3.                The Village Clerk is hereby authorized to engage an appraiser to determine the fair market value of the subject premises, at a total cost to the Village, not to exceed $_______.00.

 

4.                The Village Clerk is hereby authorized to engage a fence company to erect a fence around the subject property, at a total cost to the Village, not to exceed $1,291.00.

 

 

B.             The Board directed the Village Attorney to write and send

letters to Lawrence Levy and Roslyn Savings Bank informing them of the Village’s position as to One Soundview Drive.

 

 

On motion of Trustee Schenkler, seconded by Trustee Cohen, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 11:45 p.m.

 

Palma Torrisi, Village Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

          C.  Telephone Audit & Service

 

The Board reviewed the proposed agreement, previously submitted by then Trustee Orloff, with Phone Review/Scnergy whereby Phone Review/Scnergy will conduct an audit of the Village’s past Verizon billings and will enroll the Village in the New York State Office of General Services telephone plan in return for which Phone Review/Scnergy’s fee will be one-half of the Village’s credit for past telephone service and one-half of the first year’s savings realized by the Village.  The Board also reviewed the proposed agreement, submitted by Trustee Schenkler, with Auditel Telecommunications Corp. whereby Auditel Telecommunications will conduct an audit of the Village’s past telephone billings in return for which Auditel’s fee will be one-half of the Village’s credit for past telephone service.