Minutes - Board
Meeting – 05/12/10
Minutes of the meeting of the Board of Trustees of the Incorporated Village of Mineola held Wednesday, May 12, 2010 at Village Hall, 155 Washington Avenue, Mineola, New York 11501.
PRESENT: Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
ALSO PRESENT: Village Attorney, John M. Spellman
Village Clerk Joseph R. Scalero
Deputy Village Clerk Cora T. Kelly
Superintendent of Public Works Thomas J. Rini
Press Observer: Rich Forestano, Mineola American
Sunshine Observers: 7 Observers
Mayor Jack M. Martins called the Work Session to order at
6:50 PM.
Resolution No. 119-10
Resolved to approve bills and payroll.
Motioned by Trustee Paul S. Cusato
Seconded by Trust Lawrence A. Werther
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 120-10
Resolved to authorize the
installation of a “Handicap Reserved” parking space at 434 Garfield Avenue on
Beebe Road and at 366 Latham Road.
Motioned by Trustee Lawrence A. Werther
Seconded by Trustee Paul A. Pereira
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 121-10
Resolved to authorize the Superintendent of Public Works to post for the position of Laborer in
the Highway Department.
Motioned by Trustee Paul S. Cusato
Seconded by Trustee Thomas F. Kennedy
Vote:
Yes No
Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 122-10
Resolved to accept the resignation and approve a lump-sum separation payout of $38,699.86 to Laborer William Klein for unused accumulated time in accordance with the Collective Bargaining Agreement.
Motioned by Trustee Lawrence A. Werther
Seconded by Trustee Paul A. Pereira
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Superintendent of Public Works Thomas J. Rini reported on various damage caused to several trees within the village and especially to the water department facility by the high winds. Superintendent Rini reminded everyone that the Mineola Fair will be held on Saturday May 15, 2010 from 10:00 AM- 6:00 PM at Memorial Park.
Resolution
No. 123-10
Resolved to approved a request by the Mineola Volunteer Ambulance Corps for use of Wilson
Field for their annual
picnic on Saturday July 31, 2010 from 12:00 PM - 6:00 PM (Raindate: Saturday
August 7, 2010).
Motioned by Trustee Paul A. Pereira
Seconded by Trustee Paul S. Cusato
Vote:
Yes No Abstain
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A.
Pereira
Resolution No. 124-10
Resolved to approve a
request of the Department of Veterans Affairs for use of a Community Center general
purpose room on Tuesday August 10, 2010 from 11:00 AM – 2:00 PM to hold an
outreach event for veterans.
Motioned by Trustee Thomas F. Kennedy
Seconded by Trustee Lawrence A. Werther
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 125-10
Resolved to approve a request by the Mineola Middle School for use of the Mineola Memorial Park gazebo and surrounding area on Wednesday June 2, 2010 from 8:00 AM – 2:41 PM to
conduct their annual “Shakespeare
in the Park” performance.
Motioned by Trustee Paul A. Pereira
Seconded by Trustee Paul S. Cusato
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 126-10
Resolved to approve a request by
the Evening Star Quilters for use of a Community Center general purpose room for
monthly meetings on the first Thursday of the month for the following dates
from 7:00 PM – 9:15 PM:
June 3, 2010 October 7, 2010 February 3, 2011
July 1, 2010 November 4, 2010 March 3, 2011
August 5, 2010 December 2, 2010 April 7, 2011
September 2, 2010 January 6, 2011 May 5, 2011
and for the use of a Community Center general purpose room for monthly board meetings on the third Thursday of the month for the following dates from 7:00 PM – 8:30 PM:
June 17, 2010 October 21, 2010 February 17, 2011
July 15, 2010 November 18, 2010 March 17, 2011
August 19, 2010 December 16, 2010 April 21, 2011
September 16, 2010 January 20, 2011 May 19, 2011
Motioned by Trustee Lawrence A. Werther
Seconded by Trustee Thomas F. Kennedy
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 127-10
Resolved to approve the request by
Cub Scout Pack 246 for the use of Wilson Park for their annual picnic on
Saturday, August 28, 2010 (Raindate: Sunday August 29, 2010) from 11:30 AM to
3:30 PM.
Motioned by Trustee Lawrence A. Werther
Seconded by Trustee Paul A. Pereira
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Village Clerk Joseph R. Scalero commented that he
received an anonymous call from a resident reporting their neighbor putting out
garbage on the weekends and stated that he was not able to return their call
because he didn’t have a name and phone number. Village Clerk Scalero also
reported that the issue would be addressed by village personnel.
Resolution
No. 128-10
Resolved to approve the following budget transfers:
General Fund
|
Account |
Account |
|
|
|
Name |
Number |
Increase |
Decrease |
|
Dues & Conferences |
10 1010 480 00 |
$1,485.00 |
|
|
Supplies – Miscellaneous |
10 1110 406 18 |
271.30 |
|
|
DMV Scofflaw |
10 1110 413 00 |
1,269.50 |
|
|
Postage |
10 1110 471 00 |
593.57 |
|
|
Dues & Conferences |
10 1110 480 00 |
510.00 |
|
|
Dues & Conferences |
10 1210 480 00 |
377.61 |
|
|
Supplies – Miscellaneous |
10 1325 406 18 |
729.28 |
|
|
Supplies – Miscellaneous |
10 1410 406 18 |
415.44 |
|
|
Rental – Equipment |
10 1410 420 02 |
151.35 |
|
|
Contractual Personal Services |
10 1450 400 00 |
3,800.00 |
|
|
Supplies – Cleaning |
10 1620 406 05 |
3,644.77 |
|
|
Repairs – Autos |
10 1620 455 02 |
747.77 |
|
|
Municipal Association Due |
10 1920 480 00 |
65.00 |
|
|
Certs - Valuation Services |
10 1964 400 00 |
7,606.75 |
|
|
Communication & Phone - Lease |
10 1970 419 00 |
182.50 |
|
|
Repairs - Vehicles - Enforcement |
10 3310 455 02 |
517.35 |
|
|
Equipment |
10 3320 200 00 |
309.78 |
|
|
Repairs – Autos |
10 3320 455 02 |
103.54 |
|
|
Repairs – Autos |
10 3410 455 02 |
3,427.45 |
|
|
Postage |
10 3410 471 00 |
3,444.83 |
|
|
Svce Award Prog Admin Exp |
10 3410 828 31 |
1,506.00 |
|
|
Supplies – Miscellaneous |
10 3620 406 18 |
72.68 |
|
|
Equipment – Radios |
10 3640 200 02 |
1,340.50 |
|
|
Supplies – Cleaning |
10 3640 406 05 |
20.20 |
|
|
Rental – Equipment |
10 5010 420 02 |
744.45 |
|
|
Tree Program |
10 5110 442 02 |
3,590.00 |
|
|
Supplies Salt – Snow |
10 5142 406 27 |
853.60 |
|
|
Repairs – Equipment |
10 5142 455 13 |
718.95 |
|
|
Repairs – Equipment |
10 7140 455 13 |
1,819.86 |
|
|
Repairs – Fences |
10 7140 455 14 |
1,452.00 |
|
|
Repairs – Trucks |
10 7140 455 47 |
129.48 |
|
|
Supplies – Miscellaneous |
10 7180 406 18 |
570.83 |
|
|
Contractual Personal Services |
10 8020 400 00 |
2,150.00 |
|
|
Supplies – Miscellaneous |
10 8120 406 18 |
707.65 |
|
|
Repairs – Building |
10 8120 455 07 |
846.15 |
|
|
Life Insurance |
10 9045 831 00 |
2,317.61 |
|
|
Unemployment Insurance |
10 9050 832 00 |
397.36 |
|
|
Dental Insurance |
10 9089 840 00 |
4,313.44 |
|
|
Eyeglass – Union |
10 9089 845 00 |
652.99 |
|
|
Serial Bond Interest |
10 9710 780 00 |
0.04 |
|
|
Contingency |
10 1990 465 00 |
|
53,856.58 |
|
TOTALS: |
|
$53,856.58
|
$53,856.58
|
Motioned by Trustee Lawrence A. Werther
Seconded by Trustee Thomas F. Kennedy
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 129-10
Resolved to approve the following budget transfers:
Library Fund
|
Account |
Account |
|
|
|
Name |
Number |
Increase |
Decrease |
|
Payment MTA Payroll Tax |
30741019804 |
2,818.58 |
|
|
Audio & Video Recording |
30741020006 |
5,288.54 |
|
|
Periodicals |
30741020008 |
230.59 |
|
|
Reference Books |
30741020010 |
204.65 |
|
|
Supplies Miscellaneous |
30741040618 |
4,915.96 |
|
|
Dues & Conferences |
30741048000 |
853.81 |
|
|
Social Security |
30741083300 |
1,776.90 |
|
|
Workers Compensation |
30741083000 |
|
10,000.00 |
|
Health & Medical Insurance |
30741083600 |
|
6,089.03 |
|
|
TOTALS |
16,089.03
|
16,089.03
|
Motioned by Trustee Thomas F. Kennedy
Seconded by Trustee Lawrence A. Werther
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 130-10
Resolved to approve the following budget transfers:
Pool Fund
|
Account |
Account |
|
|
|
Name |
Number |
Increase |
Decrease |
|
Payment - MTA Payroll Tax |
40718019804 |
1,073.16 |
|
|
Security - Pool Facility |
40718040300 |
352.66 |
|
|
Stationary & Printing |
40718040400 |
1,473.17 |
|
|
Supplies - Miscellaneous |
40718040618 |
600.00 |
|
|
Entertainment |
40718041500 |
250.00 |
|
|
Serial Bonds Interest |
40718078000 |
0.09 |
|
|
Contingency |
40718046500 |
|
749.08 |
|
Workers Comp Insurance |
40718083000 |
|
3,000.00 |
|
|
TOTALS |
$3,749.08
|
$3,749.08
|
Motioned by Trustee Paul A. Pereira
Seconded by Trustee Lawrence A. Werther
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 130A-10
Resolved to approve the following budget transfers:
Water Fund
|
Account |
Account |
|
|
|
Name |
Number |
Increase |
Decrease |
|
Payment MTA Payroll Tax |
20831019804 |
2,133.09 |
|
|
Water Testing |
20831043500 |
5,625.52 |
|
|
Repairs – Building |
20831045507 |
558.76 |
|
|
Repairs - Generator Maintenance |
20831045519 |
294.44 |
|
|
Repairs - Service Materials |
20831045539 |
2,432.06 |
|
|
Repairs – Trucks |
20831045547 |
209.73 |
|
|
Repairs - Well # 4 |
20831045552 |
407.68 |
|
|
Worker Compensation Insurance |
20831083000 |
|
11,661.28 |
|
|
TOTALS |
$11,661.28
|
$11,661.28
|
Motioned by Trustee Paul S. Cusato
Seconded by Trustee Paul A. Pereira
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Mayor Jack M. Martins commented on various flooding issues occurring at Station Plaza North and on
Main Street stating that these issues
are problems which should be addressed by the MTA/LIRR and that he is
continuing discussions with MTA/LIRR to resolve this at their expense before
spending village taxpayer funds. Mayor
Martins announced that the Village of Mineola has secured grant funding from
Nassau County to allow the completion of Station Plaza North by the middle of
June. Mayor Martins provided an update on the Garden City Verizon facility at 13th
Avenue and the ongoing discussions with Verizon and the Village of Garden City,
and requested a resolution of the Board to retain an acoustical consultant to
assist in the evaluation of the noise issues.
Resolution
No. 131-10
Resolved to approve retaining the services of Lally Acoustical Consultants to evaluate and advise with regard to noise abatement at the Garden City Verizon facility site bordering 13th Avenue.
Motioned by Trustee Lawrence A. Werther
Seconded by Trustee Paul A. Pereira
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Resolution
No. 132-10
BOARD OF TRUSTEES
INCORPORATED VILLAGE OF MINEOLA
-----------------------------------------------------------------X
In the Matter of the Application of
GARIMA 7 ENTERPRIZES, INC.
DECISION
For a Special Use Permit pursuant to Chapter 30, Section 30.31(B)
of the Code of the Incorporated Village of Mineola, at premises known as 90-08
Jericho Turnpike, Mineola, New York, known and designated on the Nassau County
Land and Tax Map as Section 9, Block 336, Lots 418-432.
-----------------------------------------------------------------X
NAME OF APPLICANTS: Garima 7 Enterprizes, Inc.
SUBJECT PROPERTY: Section 9, Block 336, Lots 418-432
STREET LOCATION: 90-08 Jericho Turnpike
Mineola, New York 11501
ZONING DISTRICT: Business "B-1" District
RELIEF REQUESTED: Application For a Special Use Permit pursuant to Chapter 30, Section 30.31(B) for interior alterations of a commercial space for the preparation and sale of food upon the property
PUBLICATION & POSTING: All in accordance with applicable laws, rules and regulations.
DATE OF HEARING: April 14, 2010
APPEARANCES: Neil Singh, Developer for Subway Sandwiches
DECISION:
Garima 7
Enterprizes, Inc. (hereinafter, “Applicant”) is before this Board pursuant to
Chapter 30, Section 30.31 of the Municipal Code of the Incorporated Village of
Mineola for a special use permit for interior alterations to covert a
commercial space for the preparation and sale of food upon the property known
as 90-08 Jericho Turnpike, Mineola, New York (known and designated on the
Nassau County Land and Tax Map as Section 9, Block 336, Lots 418-432) (hereinafter,
the “Property”).
By Notice of Disapproval, dated January 14, 2010, Applicant’s building permit was denied. The Building Inspector determined that the proposed application is contrary to the Village’s zoning regulations in that the interior alterations to convert a commercial space for the preparation and sale of food upon the Property requires a special use permit. Applicant was thus required to seek relief before the Board of Trustees for a special use permit.
Based upon the evidence adduced at the public hearing, and the documentation submitted to the Board in support of the application, the Board makes the following findings of fact:
1) Applicant is seeking a special use permit to covert a commercial space for the establishment of a Subway Sandwich Shop upon the property known as 90-08 Jericho Turnpike;
2) The proposed use, subject to the conditions imposed by this Board, will provide a desirable service and convenience to the Village;
Based upon the above findings, it is hereby determined that the proposed use, subject to the conditions stated below, is harmonious to the “B-1” District, will conform to the general character of the neighborhood and that the public health, morals, safety and general welfare of such neighborhood will be secured by the granting of the requested Special Use Permit. Further, it is hereby determined that the Special Use Permit will provide a desirable facility to the area and will not be incongruous to the neighborhood by reason of excessive traffic.
IT IS THEREFORE RESOLVED, that the Special Use Permit is GRANTED subject to the following conditions:
1. Seating at the premises shall be limited to twelve (12) seats.
2. Oven use at the premises shall be limited to the baking of bread.
3. All putrescible waste shall be refrigerated until picked up.
4. No waste shall be placed outside the building overnight. No dumpster or waste shall be placed in the rear of the building.
5. All signage at the property shall be in conformity with the Village’s regulations. Any signage not attached to the building shall be placed on the existing pylon sign only.
6. The hours of operation at the site shall be 7:00 a.m. through 9:00 p.m. Monday through Friday; 8:00 a.m. through 9:00 p.m. on Saturday; and 9:00 a.m. through 9:00 p.m. on Sunday.
7. All deliveries to the premises shall be made through the front door and trucks shall park in the front parking lot. No deliveries shall be made through the rear of the premises. Deliveries shall be made during business hours.
8. Employees of the business shall park in the municipal lot to the west of the premises.
9. The rear door of the premises shall remain closed at all times.
10. The premises, both indoor and outdoor, shall be maintained in a clean, litter-free and vermin-free condition at all times.
11. Each of these conditions is material to the approval granted by the Board of Trustees. Violations of any of them shall subject the applicant or it successors to enforcement pursuant to the Village’s Municipal Code, including possible revocation of this special permit;
12. The
representations made by Applicant on the record in this proceeding have been
deemed material to this application and have been relied upon by the Board of
Trustees in its deliberations and decisions. Said representations are deemed to
be part of the conditions of this special permit; and
13. Violation of a condition set forth in this decision shall be deemed a violation of the Village Zoning Law and shall subject the owner or occupant of the premises to all penalties set forth in the Zoning Law.
Dated: Mineola, New York
May 13, 2010
Motioned by Trustee Lawrence A. Werther
Seconded by Trustee Thomas F. Kennedy
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira
Mayor Jack M. Martins requested a motion to close the Work Session at 7:23 PM.
Motioned by Trustee Lawrence A. Werther
Seconded by Trustee Paul S. Cusato
Vote:
Yes No Abstain
Mayor Jack M. Martins
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Trustee Thomas F. Kennedy
Trustee Paul A. Pereira