A Regular Meeting of the Board of Trustees of the Village of Port Washington North was held on Monday, February 2, 2005 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

Attorney                -        Stephen Limmer

Clerk                      -        Palma Torrisi

Stenographer         -        Daniel Cohen

 

 

1.  Public Hearings

 

A.  Bill 7A of 2004 – Rezoning Delco Plaza to Business

 

Mayor Pellegrino opened the public hearing, duly adjourned from January 10, 2005, to consider the adoption of Bill 7A of 2004, a proposed local law to re-zone the premises known as Section 4, Block Q, Lot 244 on the Nassau County Land & Tax Map from Economic Development A District to Business District.  The Mayor adjourned the public hearing to consider the adoption of Bill 7A of 2004 to 7:30 p.m. on March 14, 2005 at the Village Hall. 

 

B.       Bill 13B of 2004 – Rezoning Industrial Properties to E. D. A.

 

Mayor Pellegrino opened the public hearing, duly advertised in the January 20, 2005 Port Washington News, to consider the adoption of Bill 13B of 2004, a proposed local law rezoning all properties within the Industrial A District of the Village of Port Washington North to the Economic Development A District and amending the Economic Development A District. A stenographic transcript of the hearing is on file with the Village Clerk.  The Mayor adjourned the public hearing to consider the adoption of bill 13B of 2004 to 7:30 p.m. on March 14, 2005 at the Village Hall.

 

2.  Clerk

 

A.      Minutes

 

On motion of Trustee Schenkler, seconded by Trustee Weitzner, it was unanimously

RESOLVED that the reading of the minutes of the meeting of the Board of Trustees of December 16, 2004 and January 10, 2005 be waived and that they be and hereby are approved as prepared by Clerk Torrisi.

 

B.     Clerk’s Tax Returns

 

Clerk Torrisi submitted to the Board a written report of taxes for the year June 1, 2004 to May 31, 2005 assessed against various properties in the Village which were unpaid and past due.  On motion of Trustee Weitzner, seconded by Trustee Levi, the following resolution was adopted:

Whereas the Village Clerk on the 2nd day of February 2005 did return and file an account of unpaid taxes to this Board for the year 2004; and

Whereas the Board of Trustees met at the Village Hall in the Village of Port Washington North on the 2nd day of February 2005, and did examine such account and did compare it with the original tax rolls and did therefore certify to the effect that they found it to be correct, a copy of which certification is affixed hereto:

 

VILLAGE OF PORT WASHINGTON NORTH

CLERK’S TAX RETURNS

2004 TAXES

FEBRUARY 2, 2005

 

Year             Assessed To                   Section  Block  Lot                $ Amount

 

2004  Darlene Bermann                      4        28      58                 28.53 + Penalties

2004  Robert Brady                            4        50      2               2,668.50 + Penalties

2004  Joel & Helene Gabor                  4        116    10                813.76 + Penalties

2004  Edward & Victoria Moskowitz     4        124    1                 903.59 + Penalties

2004  Elio Colasante                           4        134    22              1,088.53+ Penalties

 

Village of Port Washington North

County of Nassau  )

State of New York )        ss:

 

I, Palma Torrisi, Clerk of the Village of Port Washington North, Nassau County, New York, do hereby certify that the foregoing is a true and correct copy of a resolution duly adopted by the Board of Trustees of the Village of Port Washington North at a regular meeting of said Board held on February 2, 2005 at which a quorum was present.

Witness my hand and official seal of the said Village this 2nd day of February 2005.

 

_____________________

Seal                                                                   Palma Torrisi,Village Clerk

 

And whereas, from the account of unpaid taxes returned by the Clerk of the Village of Port Washington North, New York, to this Board for the year 2004, the following taxes still remain due and unpaid after diligent efforts have been made to collect the same, to wit:

 

Year             Assessed To                    Section  Block  Lot                $ Amount

 

2004  Darlene Bermann                      4        28      58                  28.53 + Penalties

2004  Robert Brady                            4        50      2               2,668.50 + Penalties

2004  Joel & Helene Gabor                  4        116    10                813.76 + Penalties

2004  Edward & Victoria Moskowitz     4        124    1                 903.59 + Penalties

2004  Elio Colasante                           4        134    22              1,088.53+ Penalties

 

Now, therefore, be it Resolved that this Board, pursuant to Article 14 of the Real Property Tax Law of the State of New York, determines to collect the amount of such unpaid taxes levied or assessed for the year 2004 by a tax sale in the manner and after the form and requirements as provided and prescribed by said Article and completed subsequent to the 20th day of March 2005 but not later than June 30, 2005 in accordance with Section 1452 subdivision 4 of the Real Property Tax Law; that a copy of this resolution, certified by the Clerk shall be transmitted forthwith to the Treasurer of the Village with the account, affidavit, and certificate of such unpaid taxes, and that the Village Treasurer, upon receiving such account of unpaid taxes and a certified copy of this resolution, be and hereby is authorized and directed to cause to be published in the official paper of the Village, once each week for three consecutive weeks, a list as shown in the tax list with the amount of the tax, interest, and charges thereon, excepting therefrom such parcels of property on which the Village holds and owns one or more unredeemed certificates of tax sale; and also a notice that said real estate will, on a day to be determined by said Village Treasurer and specified in said notice, be sold at public auction at a place in said Village to be designated by said Village Treasurer, to discharge the tax, interest, and charges aforesaid, which may be due thereon at the time of such sale, and that the said Village Treasurer, at the time and place specified in said notice, proceed with the sale of said real estate upon which such taxes are unpaid, as set forth above, and continue the same from day to day until the sale is completed.  That such real estate shall be sold subject to any unpaid assessments thereon levied by the Village of Port Washington North and also subject to any unpaid tax liens purchased and held by the Village;

And be it further Resolved, that in all cases where no bid shall be made on a lot or parcel of land so offered for sale for any amount sufficient to pay the said tax, fees, interest, and charges, the said premises shall be deemed to have been sold to and purchased by the said Village of Port Washington North.

 

State of New York )

County of Nassau  )  ss:

 

We the undersigned, constituting the Board of Trustees of the Village of Port Washington North, hereby certify that we have compared the annexed return and account of taxes remaining unpaid for the year 2004, as submitted by the Village Clerk, with the original tax roll for the Village for the year 2004, from which account was transcribed and find it to be correct.

 

 

______________________________

Thomas J. Pellegrino, Mayor

 

 

_____________________________

Steven Cohen, Trustee

 

 

_____________________________

Gary Levi, Trustee

 

 

____________________________

Michael Schenkler, Trustee

 

 

____________________________

Robert Weitzner, Trustee

 

Sworn to before me this 2nd day of February 2005

 

______________________________

Palma Torrisi, Notary Public

 

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

 

 

C.                Tentative Assessment Roll

 

Clerk Torrisi reported that she, as the Assessor of the Village of Port Washington North, has completed the Assessment Roll of the Village of Port Washington North for the year 2005, and that a copy thereof has been filed with the Village Clerk on February 1, 2005 and that it may be seen and examined by any person during business hours at the Village Hall, 71 Old Shore Road, Port Washington, New York 11050, until the 15th day of February 2005.  On motion of Trustee Weitzner, seconded by Trustee Schenkler, it was unanimously

RESOLVED that the Board of Trustees acting as the Board of Assessors have completed and accepted the Assessment Roll of the Village of Port Washington North for the year 2005 and that a copy thereof has been filed with the Village Clerk on February 1, 2005.

 

D.                Village Election

 

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

unanimously

RESOLVED that the time, date, and place of the next Village General Election are as follows:

 

                   Date:           Tuesday, March 15, 2005

                   Time:           12 Noon to 9:00 pm

Place:          Village Hall, 71 Old Shore Road

Port Washington, New York

 

2.      On motion of Trustee Schenkler, seconded by Trustee Cohen,  

the following resolution was unanimously adopted:

Whereas, the Village Clerk, as election officer of the Village of Port Washington North, has attempted to obtain the names of eight residents of the Village of Port Washington North who would qualify to hold the office of Inspector of Election, in accordance with the Election Law of the State of New York; and

Whereas, the Village Clerk has not been able to find eight persons who reside within the Village of Port Washington North and who meet the requirements to be appointed as Inspectors of Election as specified in the Election Law and who are willing to serve as such;

Now, therefore, be it RESOLVED that the requirement that Inspectors of Election of the Village of Port Washington North reside within the Village of Port Washington North, is hereby amended pursuant to Village Law Section 3-300 to provide that this Board of Trustees is hereby authorized to appoint any resident of the County of Nassau, who is otherwise duly qualified to act as an Inspector of Election, to act as an Inspector of Election for the Village of Port Washington North for the Village of Port Washington North’s 2005 General Election.

 

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

RESOLVED that Harriet Carpenter, Wiladean Ihrig, Margaret Malanga, Magdalen Plominski, Norman Tanner and Elizabeth Temperino be and hereby are appointed Inspectors of Election for the next General Village Election, that Harold Cohen and Bridget Lawlor be and hereby are appointed Alternate Inspectors of Election, and that said Harriet Carpenter be and  hereby is appointed Chairperson of said Inspectors; and

BE IT FURTHER RESOLVED that said Inspectors and Alternate Inspectors, except for the Chairperson, shall be compensated at the rate of $150.00 per day and that said Chairperson shall be compensated at the rate of $175.00 per day; and

BE FURTHER RESOLVED that the Inspectors of Election of the Village of Port Washington North shall prepare the Register for the General 2005 Election of the Village of Port Washington North on March 10, 2005 at the Village Hall, 71 Old Shore Road, Port Washington, New York, commencing at 9:00 a.m.

 

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

RESOLVED  that the Village Clerk be and hereby is directed to Publish in the Official Newspaper of the Village at least ten days prior to the General Village Election to be held on March 15, 2005 a notice that shall state:

1.                 The polling place in each election district,

2.                 The hours during which the polls shall be open, to wit, from noon to nine o’clock in the evening,

3.                 The names and addresses of those who have been duly nominated in accordance with the provisions of the election law for the Village office whose petitions have been duly filed with the Village Clerk and the offices and terms of said office for which they have been so nominated.

 

3.  Treasurer

 

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

RESOLVED that the reading of the General Fund Abstract of Vouchers # 35, totaling $84,900.84, and the Trust & Agency Abstract of Vouchers #2, totalling $2,093.37, be waived and that they be and hereby are approved as presented by Treasurer Stack. 

 

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

RESOLVED  that the Budget Report as of December 31, 2004, showing the General Fund Balance to be $1,032,496, and the Trust & Agency Cash Balance to be $50,000.00, be and hereby is accepted as prepared by Treasurer Stack.

 

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

unanimously

RESOLVED that the audited financial statement of independent accountants for the period beginning on June 1, 2003 and ending on May 31, 2004 prepared by Lundy & Co., P.C. be and hereby is accepted.  A copy of the statement is on file with the Village Clerk.

 

          D.  Budget Modifications

 

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

RESOLVED that the Budget Modifications, dated February 2, 2005, be and hereby are adopted as presented by Treasurer Stack.

 

          E.  Audit Committee

 

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

RESOLVED that an Audit Committee of the Board of Trustees is hereby established to oversee the financial affairs of the Village, and that said Committee shall be comprised of Trustee Cohen and Trustee Schenkler.

 

4.  Reports

 

          A.  Building Department

 

On motion of Trustee Levi, seconded by Trustee Cohen, it was unanimously

RESOLVED that the Building Department report for the month of January 2005 be and hereby is accepted as submitted.

                  

          B.  Public Works

 

1.       On motion of Trustee Cohen, seconded by Trustee Schenkler,

it was unanimously

RESOLVED that the Public Works Department report for the month of January 2005 be and hereby is accepted as submitted.  A copy of the report is on file with the Village Clerk.

 

                   2.  It was reported that the Village is negotiating an intermunicipal agreement with the Town of North Hempstead for public works maintenance.

 

C.  Environmental Commission

 

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

WHEREAS Nassau County has submitted a storm water management program grant application to the New York State Department of Environmental Conservation on behalf of Nassau County and the municipalities within the County; and

WHEREAS Nassau County has informed the Village of Port Washington North that this grant has been approved for the total $500,000 amount requested; and

WHEREAS the grant requires a match of $500,000 that can include in-kind services and/or cash expenditures; and

WHEREAS Nassau County included in the grant that each municipality would furnish an in-kind service match that corresponds to 75 hours per year for two years and the County would provide 400 hours per year for two years and a monetary match of $100,000; and

WHEREAS in-kind services can be any activity that our municipality does or pays for to comply with the Storm Water Management Phase II Permit Requirements; and

WHEREAS a major requirement of the contract requires each participating municipality to furnish a signed commitment letter outlining that it will deliver its share of the in-kind services to the Lead Agency, the County;

NOW, THEREFORE, BE IT RESOLVED that the Village of Port Washington North agrees to provide in-kind services as outlined above.

 

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

RESOLVED that the Village will participate, in the Storm Drain Marking Program being sponsored by the Manhasset Bay Protection Committee, as more particularly set forth in a letter from the Manhasset Bay Protection Committee dated November 18, 2004.  A copy of the letter is on file with the Village Clerk.

 

                   3.  On motion of Trustee Schenkler, seconded by Trustee Weitzner, it was unanimously

RESOLVED that the Environmental Commission report presented by Robert Keane is hereby approved.

 

5.       Old Business

 

          A.  Bill 1B of 2005 – Rezoning Application of Danaher Motion Systems

 

Mayor Pellegrino introduced Bill 1B of 2005, a proposed local law rezoning the parcel of property known as Section 4, Block J, Lot 754 in the Village of Port Washington North to Apartment District. A copy of the bill was delivered to each of the members of the Board of Trustees present this evening.  The Mayor also presented a full environmental assessment form prepared by the applicant, Thomson Industries/Kevin Bain, Vice President - Finance. On motion of Trustee Cohen, seconded by Trustee Weitzner, the following resolution was unanimously adopted:

WHEREAS Bill 1B of 2005, rezoning the parcel of property known as Section 4, Block J, Lot 754 in the Village of Port Washington North to Apartment District, has been submitted to the Board of Trustees for its consideration; and

WHEREAS a full environmental assessment form has been submitted by the applicant, Thomson Industries/Kevin Bain, Vice President - Finance; and

WHEREAS 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 sets a public hearing with regard to the proposed adoption of this local law for the 28th day of February 2005 at 8:00 p.m. at the Village Hall, 71 Old Shore Road, Port Washington, New York.

 

          B.  Village’s Section 4, Block 125, Lot 20 – 107 Cow Neck Road

 

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

RESOLVED that the Board of Trustees hereby authorizes the Village of Port Washington North to make an application to the Board of Appeals of the Village of Port Washington North for a variance for 107 Cow Neck Road, Port Washington, New York, designated on the Nassau County Land & Tax Map as Section 4, Block 125, Lot and owned by the Village of Port Washington North, from Article 3, Section 176-14 of the ordinances of the Village of Port Washington North, to permit a lot with a 58-foot street frontage where a minimum street frontage of 60 feet is required in the Residence A district.

 

          C.  Sandy Hollow Associates – 4/J/754

 

The Board directed Clerk Torrisi to inform Freudenthal & Elkowitz that it may proceed with the environmental analysis previously authorized by the Village at the premises designated on the Nassau County Land & Tax Map as Section 4, Block J, Lot 754.

 

6.  New Business

 

          A.  Hollywood Video – Drop Box Application

 

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

WHEREAS the application by Cow Bay Contracting, for Hollywood Video, as lessee, for a drop box at the premises known as 59 Shore Road, Port Washington, New York, has been submitted to the Board of Trustees for its consideration; and

WHEREAS a full environmental assessment form has been submitted by the applicant, Cow Bay Contracting, for Hollywood Video; and

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

WHEREAS the drop box application 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 disposition of the drop box application and this Board determines that the proposed drop box 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 will continue its consideration of the drop box application on the 14th day of March 2005 at 7:30 p.m. at the Village Hall, 71 Old Shore Road, Port Washington, New York.

           

          B.  History of Port Washington North

 

Joan Kent addressed the Board with a proposal to write a history of the Village, and possibly to produce a video as well, for the Village’s 75th anniversary.

 

          C.  Residence C District Zoning

 

Trustee Weitzner announced that Cameron Engineering will be present at the Village Hall on Thursday, February 17th at 8:30 p.m. to discuss the most recent plans for Bay Walk Park and to answer questions.          

 

7.  Executive Session

 

On motion of Trustee Cohen, seconded by Trustee Weitzner, it was unanimously RESOLVED that the Board enter into executive session to discuss contract negotiations.

 

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

 

Attorney Limmer went out to call in the public.  Mayor Pellegrino stated that no action was taken during the executive session and no minutes would be produced.

 

8.  New Business (continued)

 

E.                 Sale of Village-Owned Properties

 

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

RESOLVED that the Board hereby authorizes the sale of the following parcels of Village-owned land:

 

1.      21 Soundview Drive, designated on the Nassau County Land and Tax Map as Section 4, Block 125, Lot 10

2.     107 Cow Neck Road, designated on the Nassau County

     Land and Tax Map as Section 4, Block 125, Lot 20.

 

 

On motion of Trustee Weitzner, 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