A
Regular Meeting of the Board of Trustees of the Village of Port Washington
North was held on Monday, September 13, 2004 at 7:30pm at the Village
Hall, One Soundview Drive, Port Washington, New York.
Present: Mayor - Thomas J. Pellegrino
Trustees - Steven Cohen
- Gary Levi
- Michael Schenkler
- Robert Weitzner
Attorney - Stephen
Limmer
Clerk - Palma
Torrisi
Court
Reporter - Maureen Giannini
1. Public Hearings
A.
Mayor Pellegrino opened the public hearing, duly adjourned from August 9,
2004, to consider the adoption of Bill 7A of 2004, to amend Ordinance I,
the Building Zone Ordinance, 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. On motion of Trustee Schenkler, seconded by
Trustee Cohen, it was unanimously
RESOLVED
that the public hearing for Bill 7A of 2004 be and hereby is adjourned to
October 13, 2004 at 7:30 p.m. at the Village Hall.
B.
Mayor Pellegrino opened the public hearing, duly advertised in the August
12, 2004 Port Washington News, to consider the adoption of Bill 9A of 2004, a proposed local law to provide that all
permitted food establishments within the Village of Port Washington North require conditional use permits from
the Board of Appeals. A stenographic
transcript of the hearing 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 Weitzner, it
was RESOLVED that Bill 9A of 2004 be and hereby is adopted as Local Law 8 of
2004 to read as follows:
( insert
Local Law 8 of 2004 )
Vote
was recorded as follows: Trustee Cohen-aye,
Trustee Levi-absent, Trustee Schenkler-aye, Trustee Weitzner-aye, Mayor
Pellegrino-aye. Motion carried.
2. Clerk
On
motion of Trustee Weitzner, seconded by Trustee Cohen, it was unanimously
RESOLVED
that the reading of the minutes of the Board of Trustees’ meeting of July 12,
2004 be waived, and that they be and hereby are approved as prepared by Clerk
Torrisi.
3. Treasurer
A.
On motion of Trustee Weitzner, seconded by Trustee Levi, it was
unanimously
RESOLVED
that the Abstract of Vouchers #30, totaling $29,784.51, be and hereby is
approved as prepared by Treasurer Stack.
B.
On motion of Trustee Levi, seconded by Trustee Schenkler, it was
unanimously
RESOLVED
that the Board of Trustees hereby accepts the Annual Financial Report of
the Treasurer of the Village of Port Washington North, Nassau County, New York,
for the fiscal year commencing on June 1, 2003 and ending on May 31, 2004,
as submitted by Treasurer Stack and as same has been filed with the Village
Clerk, and states that said statement is available for inspection at the
Village Hall, 71 Old Shore Road, Port Washington, New York.
C.
On motion of Trustee Levi, seconded by Trustee Schenkler, it was
unanimously
RESOLVED
that the Treasurer’s Budget Report for July 2004, showing the ending fund
balance to be $1,163,515, be and hereby is accepted as prepared by Treasurer
Stack.
4.
Reports
A.
Building
Department
1.
On motion of Trustee Levi, seconded by Trustee Schenkler, it was
unanimously
RESOLVED
that the Building Department report for the month of August 2004 be and hereby
is accepted as submitted.
2. On motion of Trustee Schenkler, seconded by
Trustee Weitzner, it was unanimously
RESOLVED
that the Village Attorney is hereby authorized to release the escrow that is
being held from Stop and Shop upon receipt of a bond in a form satisfactory to
the Village Attorney.
B. Public Works
On
motion of Trustee Weitzner, seconded by Trustee Cohen, it was unanimously
RESOLVED
that the Department of Public Works report for the months of July and August
2004 be and hereby is approved as presented by Superintendent McDonough.
5. Public Comment
A.
The Board directed that the Town of North Hempstead be requested to
repair the wall at Cornwall Cemetery where there is missing timber and yellow
caution tape.
B.
The Board directed that Stop and Shop be requested to eliminate the
southbound left turn lane on Shore Road at the intersection of George Street
and to restripe Shore Road at that location.
C.
The Board directed the Building Department to inspect the condition of
the fence adjoining La Piccola Liiguria at the DeSantis premises, garbage
allegedly being deposited by La Piccola Liguria onto the DeSantis property, and
the dumpster at La Piccola Liguria for conformity with Village ordinances.
6. Old Business
A.
Valet Parking Permit Application – 37 Shore Road
The Board directed Inspector Korn to review
the Valet Parking Permit Application of Tease restaurant at 37 Shore Road and
advise the Board with respect to the proposed plan.
B.
Stop & Shop Site Plan Amendment
On
motion of Trustee Schenkler, seconded by Trustee Levi, it was unanimously
RESOLVED
that the Board hereby accepts the site plan modification for Stop and Shop
prepared by Bohler Engineering P.C. and designated as Sheet No. PSP-1, bearing
the latest revision date of 9/13/04.
C.
Local Safe Streets & Traffic Calming Grant
On
motion of Trustee Levi, seconded by Trustee Cohen, the following resolution was
unanimously adopted:
WHEREAS,
a Project for the Village of Port Washington North, P.I.N. 0758 (403), (hereinafter
the “Project”) is eligible for funding under Title 23 U.S. Code, as amended,
that calls for the apportionment of the costs of such program to be borne at
the ratio of 90% federal funds and 10% non-federal funds; and
WHEREAS,
the Board of Trustees of the Village of Port Washington North (hereinafter the
“Village”) desires to advance the above Project by making a commitment of 100%
of the federal and non-federal share of the costs of $280,200.00;
NOW,
THEREFORE, the Village Board, duly convened, does hereby
RESOLVE
that the Village Board hereby approves the above-subject Project; and it is
hereby further
RESOLVED
that the Village Board hereby authorizes the Treasurer of the Village to pay in
the first instance 100% of the federal and non-federal share of the cost of $280,200.00
work for the Project or portions thereof; and it is further
RESOLVED
that the Village shall provide by gift or by value of work or by appropriation
the sum of $28,020.00 pursuant to this resolution to be made available to cover
the cost of participation in the above phase of the Project; and it is further
RESOLVED
that in the event the full federal and non-federal share costs of the Project
exceeds the amount appropriated above, the Village Board shall convene as soon
as possible to appropriate said excess amount immediately upon the notification
by the Treasurer of the Village; and it is further
RESOLVED
that the Clerk of the Village be and is hereby authorized to execute all
necessary agreements, certifications or reimbursement requests for Federal Aid
on behalf of the Village with the New York State Department of Transportation
in connection with the advancement or approval of the Project and providing for
the administration of the Project and the municipality’s first instance funding
of Project costs and permanent funding of the local share of
federal-aid-eligible Project costs and all Project costs within appropriations
therefore that are not so eligible; and it is further
RESOLVED
that a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary agreement in
connection with the Project; and it is further
RESOLVED
that this resolution shall take effect immediately.
7.
New Business
A.
DeSantis v. Village of Port Washington North
On
motion of Trustee Levi, seconded by Trustee Schenkler, it was unanimously
RESOLVED
that the Village of Port Washington North hereby retains the legal services of
Ackerman, Levine, Cullen, Brickman & Limmer LLP with regard to Michael
V. DeSantis v. Board of Zoning Appeals of the Incorporated Village of Port
Washington North, et al., as more particularly set forth in the Village
Attorney’s retainer letter dated March 22, 2004.
B.
Snow Removal & Sanding
On
motion of Trustee Levi, seconded by Trustee Cohen, it was unanimously
RESOLVED
that the invitation for bids for the Snow
Plowing, Sanding and Salting of Village Streets 2004-2007 contract be
advertised in the September 23, 2004 Port Washington News and that the bids be
received at the Village Hall by Noon on Thursday, October 7, 2004.
D. Park Maintenance
The
Board directed that a form of contract be prepared for the provision of
maintenance services, including snow and garbage removal, at Robert Dayton
Park, Thomas Pellegrino Garden, Pellegrino Bay Walk, Radcliff Community Garden
and Pleasant Memorial Park for the year 2005.
8. Executive Session
On
motion of Trustee Weitzner, seconded by Trustee Schenkler, it was unanimously
RESOLVED that the Board enter into Executive Session to discuss with counsel
the proposed settlement of a tax certiorari proceeding by King Kullen for
Section 4, Block 129, Lot 1.
On
motion of Trustee Levi, seconded by Trustee Cohen, it was unanimously RESOLVED
that the executive session be adjourned and that the public meeting be
reconvened. The public was invited to
rejoin the meeting. Mayor Pellegrino
announced that no action was taken.
7. New Business (continued)
D.
Section 4, Block 129, Lot 1 – King Kullen
On
motion of Trustee Levi, seconded by Trustee Weitzner, the following resolution
was unanimously adopted:
WHEREAS
there is now pending in the Supreme Court, Nassau County, a proceeding by the
owner of certain property within the Village of Port Washington North to reduce
the assessed valuation placed on its property for Village tax purposes; and
WHEREAS
the Village Attorney recommends that said proceeding be settled in accordance
with a written memorandum to this Board dated August 13, 2004; and
WHEREAS
this Board finds that it is in the best interests of the safety and welfare of
the Village to issue bonds pursuant to the provisions of the local finance law
to fund the settlement payment authorized by this resolution;
NOW,
THEREFORE, BE IT RESOLVED, that the Village Attorney is hereby authorized to
settle the following tax certiorari proceeding on the basis indicated:
( insert King
Kullen settlement)
On
motion of Trustee Levi, seconded by Trustee Schenkler, it was unanimously
RESOLVED that the meeting be and hereby is adjourned at 11:15 p.m.
Palma Torrisi, Village Clerk