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