The Annual Meeting of the Board of Trustees of the Village of Port Washington North was held on Monday, April 19, 2004 at 7:30pm at the Manorhaven Village Hall, 33 Manorhaven Boulevard, Port Washington, New York.

 

Present:            Mayor           -            Thomas J. Pellegrino

            Trustees            -            Steven Cohen

- Gary Levi

                                    -            Michael Schenkler

-                     Robert Weitzner

Clerk - Palma Torrisi

Attorney - Christopher Prior

                        Stenographer-            Theresa Petruzzelli

 

 

A.  Annual Meeting

 

            1.  Mayor Pellegrino administered the Oath of Office to Trustees-Elect Steven Cohen and Robert Weitzner.

 

            2.  On motion of Trustee Schenkler, seconded by Trustee Levi, it was  RESOLVED that Mayor Pellegrino’s appointment of Robert Weitzner as Deputy Mayor for one official year, said term to expire April 2005 be approved.  Mayor Pellegrino administered the Oath of Office to him.

 

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

 

3. On motion of Trustee Levi, seconded by Trustee Schenkler, it was unanimously RESOLVED that the following appointments made by Mayor Pellegrino for a term of one official year, term to expire April 2005, be approved:

a.     Palma Torrisi as Assessor

b.     George Stack as Budget Officer

c.     Thomas Imperatore as Planning Board Chairman

d.     Sheldon Greenbaum as Board of Appeals Chairman

e.     Stephen Limmer of Ackerman, Levine, Cullen, Brickman & Limmer as Village Attorney; and Ackerman, Levine, Cullen, Brickman & Limmer LLP for non-retainer legal work on behalf of the Village

f.        Matthew Korn as Building Inspector

g.     Peter Fagiola Deputy Building Inspector

h.     Thomas McDonough as Superintendent of Public Works

i.         Michael Schenkler as Newsletter Editor

j.         George Williams as Landmark Preservation Commissioner

k.      Richard Weber of Sidney B. Bowne & Son as Village Engineer

 

            4.  On motion of Trustee Schenkler, seconded by Trustee Levi, it was unanimously RESOLVED Mayor Pellegrino’s appointment of Michael DeSantis as a member of the Planning Board for a term of five years, term to expire April 2009, be approved.

 

            5.  On motion of Trustee Levi, seconded by Trustee Schenkler, it was unanimously RESOLVED that Mayor Pellegrino’s appointments of Stephen Hazelkorn as a member of the Board of Appeals for a term of five years, term to expire April 2009, Matt Scott as a member of the Board of Appeals to fill the unexpired term of Bernie Cohn, term to expire April 2008, and Gail Ross and James Cosolito as alternate members of the Board of Appeals, for a term of one year, terms to expire April 2005, be approved.

 

Mayor Pellegrino administered the Oath of Office to those present.

 

            6.  On motion of Trustee Weitzner, seconded by Trustee Schenkler, the following BANK RESOLUTIONS were unanimously adopted:

 

JP Morgan Chase

 

 

(insert)

 

 

 

 

Fleet Bank

 

 

(insert)

 

 

 

 

H S B C  Bank

 

 

(insert)

 

 

 

 

State Bank of Long Island

 

 

(insert)

 

 

 

 

and to execute such other instruments as may be necessary to conduct business.

 

            7.  On motion of Trustee Levi, seconded by Trustee Cohen, it was unanimously RESOLVED that the Board of Trustees hereby adopts the following:

 

Investment Policy

 

A.              SCOPE.         This investment policy applies to all moneys and other financial resources available for investment on the Village’s own behalf or on behalf of any other entity or individual.

 

B.              OBJECTIVES.                      The primary objectives of the local government’s investment activities are, in priority order:

 

1.             to conform with all applicable federal, state and other legal requirements;

2.             to adequately safeguard principal;

3.             to provide sufficient liquidity to meet all operating requirements; and

4.             to obtain a reasonable rate of return.

 

C.              DELEGATION OF AUTHORITY.                        The Board of Trustees’ responsibility for administration of the investment program is delegated to the Treasurer who shall establish written procedures for the operation of the investment program consistent with these investment guidelines.  Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability based on a database or records incorporating descriptions and amounts of investments, transaction dates, and other relevant information, and regulate the activities of subordinate employees.

 

D.              PRUDENCE.                        All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the Village to govern effectively.  Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived.  All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.

 

E.              DIVERSIFICATION.                        It is the policy of the Village to diversify its deposits and investments by financial institution, by investment instrument, and by maturity scheduling.

 

F.              INTERNAL CONTROLS.              It is the policy of the Village for all moneys collected by any officer or employee of the government to transfer those funds to the Treasurer within 15 days of deposit, or within the time period specified in law, whichever is shorter.  The Treasurer is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management’s authorization and recorded properly, and are managed in compliance with applicable laws and regulations.

 

G.              DESIGNATION OF DEPOSITORIES.       The banks and trust companies authorized for the deposit of moneys are:

           

JP Morgan Chase                                                Fleet Bank

            H S B C Bank                                              State Bank of Long Island

           

H.              COLLATERALIZING OF DEPOSITS.            In accordance with the provisions of General Municipal Law, Section 10, all deposits of the Village, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured by a pledge of “eligible securities” with an aggregate “market value”, as provided by General Municipal Law, Section 10, equal to the aggregate amount of deposits.

 

I.              SAFEKEEPING AND COLLATERALIZATION.                 Eligible securities used for collateralizing deposits shall be held by a third party bank or trust company subject to security and custodial agreements.

 

The security agreement shall provide that eligible securities are being pledged to secure local government deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default.  It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events that will enable the local government to exercise its rights against the pledged securities.  In the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the Village or its custodial bank.

 

The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for, the local government, will be kept separate and apart form the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities.  The agreement should also describe that the custodian shall confirm the receipt, substitution or release of the securities.  The agreement shall provide for the frequency of revaluation of eligible securities when a change in the rating of a security may cause ineligibility.  Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities.

 

J.              PERMITED INVESTMENTS.                   As permitted by General Municipal Law, Section 11, the Village authorizes the Treasurer to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments:

 

-            Special time deposit accounts

-            Certificates of deposit

-            Obligations of the United States of America

-           Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America

-           Obligations of the Village, but only with any moneys in a reserve fund established pursuant to General Municipal Law, Section 6-c, 6-d, 6-e, 6-f, 6-h, 6-j, 6-k, 6-l, 6-m or 6-n.

 

All investment obligations shall be payable or redeemable at the option of the Village within such times as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the Village within two years of the date of purchase.

 

K.            AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS.                  The Village shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments that can be made with each financial institution or dealer.  All financial institutions with which the Village conducts business must be credit worthy.  Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the Village.  Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers.  The Treasurer is responsible for evaluating the financial position and maintaining a list of proposed depositories, trading partners and custodians.  Such listing shall be evaluated at least annually.

 

L.            PURCHASE OF INVESTMENTS.       The Treasurer is authorized to contract for the purchase of investments:

           

1.              Directly from an authorized trading partner

2.              By participation in a cooperative investment program with another authorized governmental entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No. 88-46, and the specific program has been authorized by the Board of Trustees

3.              By utilizing an on-going investment program with an authorized tracking partner pursuant to a contract authorized by the Board of Trustees.

 

All purchased obligations, unless registered or inscribed in the name of the Village, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment.  All such transactions shall be confirmed in writing to the Village by the bank or trust company.  Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law, Section 10.

The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for, the village, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities.  The agreement shall describe how the custodian shall confirm the receipt and release of the securities.  Such agreement shall include all provisions necessary to provide the Village a perfected interest in the securities.

 

8.  On motion of Trustee Levi, seconded by Trustee Schenkler, the PURCHASING POLICY AND PROCUREMENT PROCEDURE was unanimously readopted as follows:

            A.  The Village shall not procure any goods or services without competitive bidding unless the Village Clerk has first determined and documented that such procurement is not required by law to be subject to competitive bidding.

            B.  Except for procurements made pursuant to subdivision 3 of section 103 or section 104 of the General Municipal Law, Section 175-b of the State Finance Law, Section 186 of the Correction Law, or the policies and procedures adopted pursuant to paragraph “f” of this resolution, alternative proposals or quotations for goods and services shall be secured by use of written requests for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of this resolution.

            C.  The method of procurement utilized shall be selected by the Village Clerk to take into account, in her discretion, the method that will best further the purposes of this resolution and the cost-effectiveness of the method.

            D.  Adequate documentation of each action taken in connection with each procurement subject to this resolution shall be maintained.

            E.  Documentation justifying any contract awarded to other than the lowest responsible dollar offeror, setting forth the reasons such an award furthers the purpose of this section shall be maintained.

            F.  The solicitation of alternative proposals or quotations will not be in the best interest of the Village in emergency situations or when entering into personal service contracts.

 

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

RESOLVED that 71 Old Shore Road be and hereby is designated as the place of the regular meetings of this Board until further notice and that the day and time of said regular meetings shall be 7:30 p.m. on the following dates:

            May 10, 2004                     September 13, 2004            January 10, 2005

            June 14, 2004                     October 13, 2004*              February 2, 2005*

            July 12, 2004                                 November 8, 2004               March 14, 2005

            August 9, 2004                   December 13, 2004            March 28, 2005

                                                                                                            April 11, 2005

*Wednesdays, all other dates are Mondays

 

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

 

WHEREAS before the incorporation of the Village of Port Washington North the territory was included within the limits of the following SPECIAL DISTRICTS:  Port Washington Garbage District, Port Washington Police District and Port Washington Water District; and

Whereas a portion of the territory was included within the limits of the Port Washington Water Pollution Control District; and

Whereas the Board of Trustees, after due consideration, has determined that it is in the best interests for the Village that the Special Districts continue the service that they heretofore rendered;

Now, therefore, be it RESOLVED that the Board of Trustees of the Village of Port Washington North does hereby request the officers of the Town of North Hempstead to extend for the year 2005 against the property in the area of the Village of Port Washington North the following Special Districts’ taxes:

                                    Port Washington Garbage District

                                    Port Washington Police District

                                    Port Washington Water District

and the said Board requests that the Town of North Hempstead extend for the year 2005 the Sewer Tax against the property of said Village within the limits of the Port Washington Water Pollution Control District.

 

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

RESOLVED that the INVENTORY OF FIXED ASSETS for this Village be entered into the minutes as recommended by the New York State Department of Audit & Control, and is herein listed:

 

            5 A T & T  Telephones            $  648.            4 Computers              $6400.

            2 Sharp Calculators      220.    3 Blue Swivel Chairs                593.

            Street Light System                          9500.  3 Double Door Files          360.

            5 Desks                              784.            2 Small Storage Cabinet            120.

            12 Legal Files                   1128.            3 Walnut Tables                            415.

            1 Storage Counter                        500.            8 Executive Swivel Chairs  1000.

            1 Microwave                    90.            6.25 miles of Roads     4,950,000.

            28 Stacking Chairs                428.    1 Office Safe                    225.

            17 Steel Folding Chairs                101.    7 Bulletin Boards                            150.

            7 Wastebaskets                           30.       1 Refrigerator                  101.

            3 Bulletin Boards                           155.            3 Office Chairs                             308.

            8 Village Signs                 16000.           1 Markerboard                            71.

            1 IBM Wordprocessor           180.            1 Shredder                                    129.

            1 Printer                                        100.           1Two-Drawer File                    183.    1 Gray Swivel Chair       200.          Misc. Office Supplies           1435.

           

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

RESOLVED that the Port Washington News be and hereby is designated as the official newspaper for the Village of Port Washington North.

 

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

 RESOLVED that the following affidavit of

 

Disclosure of Interest

Pursuant to Section 803 of General Municipal Law

 

STATE OF NEW YORK)

                                       ) ss:

COUNTY OF NASSAU)

 

Stephen G. Limmer, being duly sworn, deposes and says:

a.     that he is the duly appointed and acting Village Attorney for the

Village of Port Washington North;

b.  that he is a member of the law firm of Ackerman, Levine, Cullen, Brickman & Limmer LLP, having offices at 175 Great Neck Road, Great Neck, New York 11021, with whom the Board of Trustees of the Village of Port Washington North is contemplating contracting for various legal services during the fiscal year 2004-2005, and as such he will have a pecuniary interest in said contract.

 

                                                           

                                                                                                ______________________________

                                                                                                Stephen G. Limmer

Sworn to before me this

14th day of June 2004

 

_________________________

 

 

be and hereby is accepted as submitted by Village Attorney Limmer.

 

Mayor Pellegrino closed the Annual Meeting.

 

B. Public Hearings

 

            1. Mayor Pellegrino opened the public hearing, duly advertised in the April 8, 2004 Port Washington News, to consider the adoption of the proposed BUDGET for the fiscal year June 1, 2004 through May 31, 2005.  Budget Officer Stack presented the proposed $1,463,958 budget and recommended that the tax rate be $10.5683 per $100 of assessed valuation.  A stenographic transcript of the hearing is on file with the Village Clerk.  All those present wishing to speak having been heard, Mayor Pellegrino closed the public hearing.

 

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

RESOLVED that the Budget for the fiscal year commencing June 1, 2004 through May 31, 2005, as submitted by the Budget Officer, be and hereby is approved.

 

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

 

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

RESOLVED that for the fiscal year June 1, 2004 through May 31, 2005 the tax be and hereby is levied against each and every parcel of real property within the Village of Port Washington North as shown on the last completed Assessment Roll at the rate of $10.5683 per $100 of assessed valuation, and the Clerk is directed to extend and carry upon the Assessment Roll the amount to be levied against each parcel of real property shown thereon.

 

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

 

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

RESOLVED that a warrant for the collection of taxes be issued to the Clerk in the following form:

 

YOU ARE COMMANDED to receive and collect from the several persons named in the assessment roll, the several sums named in the last column thereof opposite their respective names, altogether a total of $1,061,757 for the purposes set forth in a budget heretofore adopted for the fiscal year June 1, 2004 to May 31, 2005, a copy of which is annexed to the minutes; and

You are hereby COMMANDED to receive as much taxes as may voluntarily be paid to you from June first to and including July first of this year, without additional charge; and all taxes for which payment has not been received and remain unpaid after July 1, 2004, shall have added an additional five percent (5%) interest for the month of July, and for each month and fraction thereafter, an additional interest payment, which shall be computed at the maximum percentage rate permitted, pursuant to the Real Property Tax Law, until said taxes and accrued interest are paid in full; and you are to make a return of this warrant by February 2, 2005; and if any tax on real estate or any interest herein placed upon the tax roll shall be unpaid at the time when you are required to return this warrant and roll, you are to deliver to the Board of Trustees an account of the taxes remaining due containing a description of the lands upon which such taxes were unpaid as the same were placed upon the tax list, together with the amount of the tax so assessed and interest thereon.

 

Dated:  April 19, 2004

                                                                                                ______________________________

Seal                                                                                        Thomas J. Pellegrino, Mayor

 

In witness whereof, I have hereunto set my hand as Clerk of the above Village this 19th day of April 2004.

 

d.  On motion of Trustee Weitzner, seconded by Trustee Schenkler, it

was unanimously

RESOLVED that the annual salaries effective June 1, 2004 for the officials be and hereby are as follows:

 

            Mayor            $2,500            Treasurer            $27,300            Attorney             $38,000         

            Trustees          1,500            Clerk                56,500            Building Insp.         15,750

            Planning Bd.              2,500            Deputy Clerk 41,500            Supt. Public Works  9,000

Bd. Appeals          3,000 

                       

and established that the salary for an Alternate Member of the Board of Appeals be $41.67 per meeting; that the salary for the Deputy Building Inspector be $33.00 per hour; and that for the firm of Ackerman, Levine, Cullen, Brickman & Limmer LLP the hourly rates for additional retainer time be $210.00 per hour, and for non-retainer work $247.00 per hour for partners, $235.00 for of counsel attorneys, $100.00 to $195.00 per hour for associates and $65.00 to $95.00 per hour for paralegals.

 

            2.  Bill 1A of 2004 – Prohibiting the Commercial Use of Streets

 

Mayor Pellegrino opened the public hearing, duly advertised in the April 1, 2004 Port Washington News, to consider the adoption of Bill 1A of 2004, a proposed local law 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.  A stenographic transcript of the hearing is on file with the Village Clerk.  On motion of Trustee Levi, seconded by Trustee Weitzner, it was unanimously

RESOLVED that the public hearing to consider Bill 1A of 2004 be and hereby is adjourned to May 10, 2004 at 7:30 p.m. at the Village Hall, 71 Old Shore Road, Port Washington, New York.

 

C.  Regular Meeting

 

1.      Clerk

 

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

unanimously

RESOLVED that the reading of the minutes of the meetings of the Board of Trustees of February 4, 2004, February 10, 2004 and February 23, 2004 be waived and that they be and hereby are approved as prepared by Clerk Torrisi.

 

b.     On motion of Trustee Weitzner, seconded by Trustee Cohen, it was

unanimously

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 2003 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 2004 but not later than July 31, 2004 in accordance with Section 1452 subdivision 4 of the Real Property Tax Law; and

Be it further RESOLVED that pursuant to Section 1452 of the Real Property Tax Law, the Treasurer of the Village of Port Washington North will sell at PUBLIC AUCTION in the manner provided by law on the 27th day of May 2004 at 2:00 p.m. at the Village Hall, 71 Old Shore Road, Port Washington, New York, parcels of real estate to DISCHARGE TAXES as assessments for the fiscal year ending May 31, 2004, fees, interest and charges which may be due thereon at the time of such sale. 

 

2.      Treasurer

 

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

RESOLVED that the reading of the Abstract of Vouchers #25, totaling $135,905.72, be waived and that it be and hereby is approved as presented by Treasurer Stack.

 

                        b.  The Board accepted the Treasurer’s Report as of March 31, 2004, showing the ending Fund Balance to be $415,668, as prepared by Treasurer Stack.

 

3.      Reports

 

a.      Building Department

 

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

RESOLVED that the Building Department report for the month of March 2004 be and hereby is accepted as presented by Inspector Korn.

 

The Board thanked Deputy Inspector Peter Fagiola for the considerable effort he expended on the Village Hall move.

 

b.     Public Works

 

1.  The Board accepted the Public Works Department

report for the month of March 2004 as presented by Superintendent McDonough.

                             2.  The Board directed that a letter with a copy of the shopping cart law be sent to all stores utilizing shopping carts.

                            

4.      Old Business

 

a.  Fast Food Restaurants and Mini-Marts

 

The Board discussed Bill 6B of 2000 to amend Ordinance I, the Building Zone Ordinance, to prohibit fast food restaurants in the Business District.  On motion of Trustee Levi, seconded by Trustee Weitzner, it was unanimously

RESOLVED that the Board of Trustees directs Attorney Limmer to draft a bill to amend the zoning provisions of the Code of the Village of Port Washington North with regard to regulating food establishments.

 

b.      DEC Storm Water Management Phase II

 

The Board stated that Robert Keane of 5 Dock Lane will be handling the Village’s compliance with DEC Storm Water Management Phase II.

 

c.     Regulating Traffic on Harbor Road

 

The Board was presented with a request from Town of North Hempstead Councilman Fred Pollack to install a stop sign on northeasterly bound Harbor Road at the intersection of Sandy Hollow Road.  Clerk Torrisi reported to the Board that the Village of Baxter Estates at its January 2004 meeting had adopted a resolution supporting the installation of such a stop sign and that the Port Washington Police District had submitted its opinion recommending the stop sign.  On motion of Trustee Levi, seconded by Trustee Schenkler, it was unanimously

RESOLVED that all traffic proceeding in a northeasterly direction on Harbor Road shall come to a full stop at the intersection of Sandy Hollow Road.

 

5.      New Business

 

a.  Bill 3A of 2004 – Responsibility for Sidewalk Maintenance

 

Mayor Pellegrino introduced Bill 3A of 2004, a proposed local law 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 copy of Bill 3A of 2004 was delivered to each of the members of the Board of Trustees on April 9, 2004.  The Mayor also presented a short environmental assessment form prepared by the Village Attorney.  On motion of Trustee Levi, seconded by Trustee Weitzner, the following resolution was unanimously adopted:

WHEREAS 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, 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 10th day of May 2004 at 7:30 pm at the Village Hall, 71 Old Shore Road, Port Washington, New York.

 

                        b.  Bill 4 of 2004 – Including Stop & Shop in Parking Code

 

Mayor Pellegrino introduced Bill 4 of 2004, a proposed local law 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 copy of Bill 4 of 2004 was delivered to each of the members of the Board of Trustees on April 9, 2004.  The Mayor also presented a short environmental assessment form prepared by the Village Attorney.  On motion of Trustee Levi, seconded by Trustee Schenkler, the following resolution was unanimously adopted:

WHEREAS 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, 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 10th day of May 2004 at 7:30 pm at the Village Hall, 71 Old Shore Road, Port Washington, New York.

 

c.  Valet Parking Permit Application – Tease Restaurant

 

The Board reviewed the valet parking permit application of Tease Restaurant for the premises at 37 Shore Road, Port Washington, shown on the Nassau County Land & Tax Map as Section 4, Block 51, Lots 17, 109 & 111. 

 

d.      Escrow Agreement with La Piccola Liguria

 

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

RESOLVED that the Village of Port Washington North enter into an escrow agreement, as of the 9th day of April 2004, with La Piccola Liguria, as set forth in the contract approved by Attorney Limmer as to form.

 

e.     Nassau County Traffic & Parking Violations Agency

 

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

RESOLVED that the Village of Port Washington North enter into an agreement with the Nassau County Traffic and Parking Violations Agency with regard to the payment of delinquent parking summonses, as set forth in a memorandum of understanding made as of the 21st day of January 2004.

 

f.        Registrar of Vital Statistics

 

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

RESOLVED that Michelle Schimmel be appointed as the Registrar of Vital Statistics and that James W. Burton, Sr., be appointed as the Deputy Registrar, for the Village of Port Washington North for terms to expire December 2005.

 

g.     Enforcement of N.Y.S. Dangerous Dog Law

 

The Board reviewed the dangerous dog complaint made by J. Jeffrey Hafer.  On motion of Trustee Levi, seconded by Trustee Cohen, the following resolution was unanimously adopted:

WHEREAS the Board of Trustees has reviewed the Dangerous Dog Complaint made by J. Jeffrey Hafer to the Town of North Hempstead, pursuant to Section 121 of the New York State Agriculture and Markets Law; and

WHEREAS the Board is desirous of guarding the safety and welfare of its inhabitants;

NOW, THEREFORE, BE IT RESOLVED that the Board hereby directs the Village Attorney to communicate to the Town Attorney of the Town of North Hempstead a request that the Town to enforce Section 121 of the New York State Agriculture and Markets Law as to the dog complained of in the Dangerous Dog Complaint made by J. Jeffrey Hafer to the Town of North Hempstead, dated January 30, 2004.

                       

 

On motion of Trustee Schenkler, seconded by Trustee Cohen, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 11:15 pm.

 

Palma Torrisi, Village Clerk