Minutes – Board Meeting 06/08/05

Minutes of the meeting of the Board of Trustees of the Incorporated Village of Mineola held Wednesday, June 8, 2005 at the Village Hall, 155 Washington Avenue, Mineola, New York.

PRESENT: Mayor Jack M. Martins

Trustee Lawrence A. Werther

Trustee Linda Fairgrieve

Trustee Paul S. Cusato

Trustee John S. DaVanzo

ALSO PRESENT: Benjamin Truncale for Village Attorney John Spellman

Village Clerk Joseph R. Scalero

Building Department Superintendent Daniel B. Whalen

Deputy Village Clerk Janet Zalkin

Village Auditor Giacomo Ciccone

Sunshine Observers: 4 people in attendance

A Public Hearing was held at 6:30 PM at the Village Hall, 155 Washington Avenue, Mineola, New York, 11501 in order to receive public comment upon the following:

Application of Doshi Associates, LLC for a

Special Permit pursuant to Chapter 30 of the

Code of the Incorporated Village of Mineola,

Entitled “Zoning”, Section 30.31

Entitled “B-1 District”, subsection B(4), for

The preparation and sale of food upon the

Property known as 124-B East Jericho

Turnpike, Mineola, New York 11501 (known and

Designated on the Nassau County Land & Tax

Map as Section 9, Block 362, Lots 35 and 36).

Mayor Martins requested a motion to close the hearing.

Motioned by Trustee Linda Fairgrieve

Seconded by Trustee Lawrence A. Werther

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

A second Public Hearing was held at the Village Hall, 155 Washington Avenue, Mineola, New York, 11501 in order to receive public comment upon the following:

Application of Swami Realty Management,

Inc., for a Special Permit pursuant to

Chapter 30 if the Code of the Incorporated

Village of Mineola, entitled “Zoning”,

Section 30.31 entitled “B-1 District”,

Subsections B(1) and B(4), for a restaurant and

for the preparation and sale of food upon

The property known as 109 Mineola

Boulevard, Mineola, New York 11501 (known

and designated on the Nassau County Land &

Tax Map as Section 9, Block 418, Lots 35 and 36).

Mayor Martins requested a motion to take a recess from the hearing at 8:05 PM.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee Linda Fairgrieve

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Mayor Martins requested a motion to re-open the hearing 8:25 PM.

Motioned by Trustee John S. DaVanzo

Seconded by Trustee Lawrence A. Werther

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Mayor Martins requested a motion to close the hearing.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Mayor Martins opened the Work Session at 8:30 PM.

Resolution No. 168-05

Resolved to approve bills and payroll.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee Paul S. Cusato

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Resolution No. 169-05

Resolved to approve minutes for April 28, 2005, May 4, 2005, May 11, 2005 and May 18, 2005 with the following amendment:

Correction to minutes May 11, 2005

Resolution No. 137-05

Resolved to approve a 5-year BAN for $350,000 to finance the purchase of one (1) new sanitation truck chassis, one (1) 10-foot salt spreader, one (1) new 20 yard refuse loading body, one (1) new three-wheeled self-propelled street sweeper, one (1) new pick-up truck with plow and tail-lift and one (1) new truck body with scissor-lift central hydraulic plow for the conversion of a sweeper to a truck, or equivalent, including any original apparatus and equipment, and costs related and incidental thereto for use in and for the Village as previously approved by the Board of Trustees.

Motioned by Trustee Paul S. Cusato

Seconded by Trustee Lawrence A. Werther

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Resolution No. 170-05

Resolved to approve the Golden Showstoppers’ request to use the Community Center Gymnasium on Monday, June 27, 2005, Tuesday, June 29, 2005, Tuesday, July 5, 2005 and Wednesday, July 6, 2005 from 6:00 PM to 9:00 PM in order to practice for the National Baton Twirling Competition in July.

Motioned by Trustee John S. DaVanzo

Seconded by Trustee Lawrence A. Werther

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Resolution No. 171-05

Resolved to approve the following walk route for Jay’s World Children’s Cancer Foundation Walk-a-thon:

“The walk will begin at the Mineola Park and make a right onto Jackson Ave,

Continue to Mineola Blvd and make a left onto Jericho Tpke. Continue to Herricks Blvd and make a left. Then the route will make a left onto Old Country Rd. From

Old Country road the route will make a left onto Mineola Blvd. Left on First St,

right on Marcellus, left on Jackson and left back into park. “

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee Paul S. Cusato

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Resolution No. 172-05

Resolved to appoint Francis W. Gencorelli, R.A. to negotiate proposals for Landscape Design Services and Engineering Services for Mineola Boulevard between Old Country Road and Third Street.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee Linda Fairgrieve

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Resolution No. 173-05

Resolved to approve the request by Blackstone Construction for a 90-day extension of the building permit issued for 98 Front Street.

Motioned by Trustee John S. DaVanzo

Seconded by Trustee Paul S. Cusato

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Benjamin Truncale for Village Attorney John Spellman requested resolutions for the following tax certiorari settlements:

· FMV – Fair Market Value

100 Clinton Avenue

Petitioner: 100 Clinton Avenue Owners Corp.

Petitioner’s Attorney: Koeppel

Resolution No. 174-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 100 Clinton Avenue, Section 9, Block 460, Lots 70-75 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $40,000.00 for the tax years 2001/2002 through 2004/2005. The refund shall be payable in two (2) equal installments of $20,000.00 on August 1, 2005 and January 2, 2006 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $182,000.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $7,250.996.00. County has assessed with FMV of approximately $5,406,000.00.

100 Windsor Avenue

Petitioner: 100 Windsor Realty Corp.

Petitioner’s Attorney: Siegel

Resolution No. 175-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 100 Windsor Avenue, Section 9, Block 349, Lots 1003-1006 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $10,500.00 for the tax years 1998/1999 through 2004/2005. The refund shall be payable on July 1, 2005 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $13,800.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $549,800.00. County has assessed with FMV of approximately $468,240.00.

120 Horton Highway

Petitioner: 120 Horton Highway Realty

Petitiioner’s Attorney: Certilman

Resolution No. 176-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 120 Horton Highway, Section 9, Block 413, Lots 18-19 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $14,000.00 for the tax years 2001/2002 through 2004/2005. The refund shall be payable on July 31, 2005 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $83,300.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $3,318,725.00. County has assessed with FMV of approximately $2,787,000.00.

160 Mineola Boulevard

Petitioner: 160 Mineola Boulevard Corp.

Petitioner’s Attorney: Siegel

Resolution No. 177-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 160 Mineola Boulevard, Section 9, Block 412, Lots 195, 742-745 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $29,000.00 for the tax years 1996/1997 through 2004/2005. The refund shall be payable in two (2) equal installments of $14,500.00 on July 1, 2005 and January 2, 2006 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $25,800.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $1,027,888.00. County has assessed with FMV of approximately $566,450.00.

161 Willis Avenue

Petitioner: 161 Willis Avenue Realty Corp.

Petitioner’s Attorney: Forchelli

Resolution No. 178-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 161 Willis Avenue, Section 9, Block 412, Lot 793 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $18,500.00 for the tax years 1998/1999 through 2004/2005. The refund shall be payable in two (2) equal installments of $9,250.00 on July 1, 2005 and January 2, 2006 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $17,000.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

134 Mineola Boulevard

Petitioner: 212 Realty Associates

Petitioner’s Attorney: Schroder

Resolution No. 179-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 134 Mineola Boulevard, Section 9, Block 415, Lots 6, 8, 10 and 12 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $24,000.00 for the tax years 1997/1998 through 2004/2005. The refund shall be payable in two (2) equal installments of $12,000.00 on July 1, 2005 and December 1, 2005 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $40,000.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $1,593,625.00. County has assessed with FMV of approximately $1,212,750.00.

292 Herricks Road

Petitioner: 292 Herricks Road Realty

Petitioner’s Attorney: Siegel

Resolution No.180-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 292 Herricks Road, Section 9, Block 18, Lot 69 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $4,200.00 for the tax years 1996/1997 through 2004/2005. The refund shall be payable on July 1, 2005 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $21,000.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $836,653.00. County has assessed with FMV of approximately $662,000.00.

44 Willis Avenue

Petitioner: 44 Willis Avenue

Petitioner’s Attorney: Certilman

Resolution No. 181-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 44 Willis Avenue, Section 9, Block 355, Lots 248-249 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $12,000.00 for the tax years 2000/2001 through 2004/2005. The refund shall be payable on September 1, 2005 following the submission of a voucher along with a Judgment and Stipulation.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $677,290.00. County has assessed with FMV of approximately $427,290.00.

72 Jericho Turnpike

Petitioner: 72 Jericho Associates

Petitioner’s Attorney: Murphy Bartol

Resolution No. 182-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 72 Jericho Turnpike, Section 9, Block 338, Lot 702 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $42,500.00 for the tax years 1999/2000 through 2004/2005. The refund shall be payable in two (2) equal installments of $21,250.00 on August 1, 2005 and January 2, 2006 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $32,500.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $1,294,820.00. County has assessed with FMV of approximately $743,900.00.

99 Second Street

Petitioner: 99 Second Street

Petitioner’s Attorney: Koeppel

Resolution No. 183-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 99 Second Street, Section 9, Block 437, Lot 457 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $6,000.00 for the tax years 2002/2003 through 2004/2005. The refund shall be payable on July 1, 2005 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $15,000.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $597,609.00. County has assessed with FMV of approximately $397,490.00.

130 Herricks Road

Petitioner: Alblan Realty

Petitioner’s Attorney: Forchelli

Resolution 184-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 130 Herricks Road, Section 9, Block 39, Lot 37 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $7,500.00 for the tax years 1998/1999 through 2004/2005. The refund shall be payable on July 1, 2005 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $13,500.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $537,848.00. County has assessed with FMV of approximately $345,270.00.

134 Herricks Road

Petitioner: Alblan Realty

Petitioner’s Attorney: Forchelli

Resolution No. 185-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 134 Herricks Road, Section 9, Block 39, Lots 12-15 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $12,000.00 for the tax years 1998/1999 through 2004/2005. The refund shall be payable on July 1, 2005 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $16,500.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $657,370.00. County has assessed with FMV of approximately $490,370.00.

150 Herricks Road

Petitioner: Alblan Realty

Petitioner’s Attorney: Forchelli

Resolution No. 186-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding 150 Herricks Road, Section 9, Block 39, Lots 18-23, 33 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $14,000.00 for the tax years 1998/1999 through 2004/2005. The refund shall be payable on July 1, 2005 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $23,200.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $924,302.00. County has assessed with FMV of approximately $649,400.00.

Sheridan Boulevard

Petitioner: AMF Bowling Centers

Petitioner’s Attorney: David Gordon Koch, Esq.

Resolution No. 187-05

Resolved, that the certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi, LLP, regarding Sheridan Boulevard, Section 9, Block 263, Lots 1-10, 37-46, 11-15, 32-36 and Section 9, Block 262, Lots 5-11, 12-13 is hereby approved.

Further resolved, that the Petitioner will receive a refund of $140,000.00 for the tax years 1998/1999 through 2004/2005. The refund shall be payable in two (2) equal installments of $70,000.00 on July 1, 2005 and December 1, 2006 following the submission of a voucher along with a Judgment and Stipulation.

Further resolved, that a reduction in assessed valuation for the 2005/2006 tax year to $90,000.00 is approved. Petitioner shall not file a challenge for the 2005/2006, 2006/2007 and 2007/2008 tax years.

Motioned by Trustee Lawrence A. Werther

Seconded by Trustee John S. DaVanzo

Vote:

Yes No Abstain

Trustee Linda Fairgrieve

Trustee John S. DaVanzo

Trustee Lawrence A. Werther

Trustee Paul S. Cusato

Mayor Jack M. Martins

Settlement reflects FMV of $3,585,657.00. County has assessed with FMV of approximately $2,823,957.00.

140-142 Jericho Turnpike

Petitioner: Angles Realty

Petitioner’s Attorney: Siegel