Minutes – Board Meeting 08/10/05
Minutes of the meeting of the
Board of Trustees of the Incorporated Village of Mineola held Wednesday, August
10, 2005 at the Village Hall, 155 Washington Avenue, Mineola, New York.
PRESENT: Mayor Jack M. Martins
Trustee Linda Fairgrieve
Trustee Paul S. Cusato
Trustee John S. DaVanzo
ALSO PRESENT: Village Attorney John Spellman
Village Clerk Joseph R.
Scalero
Building Department
Superintendent Daniel B. Whalen
Deputy Village Clerk Janet Zalkin
Sunshine
Observers: 6 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:
VILLAGE OF MINEOLA ENTITLED “ZONING”,
SECTION 30.51(A)
ENTITLED “M DISTRICTS”, REF. 30.31 (B) (6)
TO CONSTRUCT A NEW
BUILDING AND OPERATE AN AUTOBODY REPAIR AND
PAINT
SHOP UPON THE PROPERTY KNOWN AS 381 SAGAMORE
AVENUE, MINEOLA, NEW YORK 11501 (KNOWN AND
DESIGNATED
ON
THE NASSSAU COUNTY LAND & TAX MAP AS SECTION 9,
BLOCK 338, LOTS 665-672.
Village
Attorney, John Spellman recommended that the Board declare this application to
be an unlisted action with no significant environmental impact.
Resolved to designate
the action as an unlisted action with a negative declaration pursuant to the
State’s Environmental Quality Review Act (SEQRA).
Seconded
by Trustee John S. DaVanzo
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Mayor
Martins stated that the matter would be referred to the Nassau County Planning
Board and that the Board of Trustees’ vote would be forthcoming pending the
Planning Board’s response.
Mayor Martins requested a motion to close the hearing and reserve decision at 7:30 PM.
Seconded
by Trustee Linda Fairgrieve
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
A Public Hearing was held at Village Hall, 155 Washington Avenue, Mineola, New York, 11501 in order to receive public comment upon the following:
A PROPOSED LOCAL LAW AMENDING CHAPTER 30
OF THE CODE OF THE INCORPORATED VILLAGE OF MINEOLA ENTITLED “ZONING”, SECTIONS
30.31 (B) AND 30.32 (A) TO DIFFERENTIATE THE TYPES OF SPECIAL PERMIT
RESTAURANTS IN THE B-1 AND B-2 DISTRICTS, BASED UPON THE PROPORTIONALITY OF ON
SITE AND OFF SITE CONSUMPTION.
Village Attorney, John Spellman recommended that this proposal be declared a SEQRA Type 2 action.
Resolution No. 297-05
Resolved to designate the action as a Type 2 action pursuant to the State’s Environmental Quality Review Act (SEQRA).
Seconded
by Trustee Linda Fairgrieve
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Resolved to amend Local Law amending Chapter 30 of the Code of the Incorporated Village of Mineola entitled “Zoning”, Sections 30.31 (B) and 30.32 (A) to differentiate the types of special permit restaurants in the B-1 and B-2 districts based on the following criteria:
A Restaurant shall be defined as a food service establishment
in which
at least sixty (60%) percent of gross revenue is
derived from seated
patrons who dine on-premises inside the building
occupied, with waiter/
waitress service.
A Carry-out Food Establishment shall be defined as a
food-service
establishment in which less than sixty (60%) of
gross revenue is derived
from seated patrons who dine on-premises inside the
building occupied,
with waiter/waitress service.
Seconded
by Trustee Lawrence A. Werther
Village Clerk, Joseph R. Scalero polled the board.
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Jack M. Martins
Village Attorney, John
Spellman stated that the proposed amendment to the Local Law would be forwarded
to the Nassau Planning Commission for review and recommendation prior to
adoption.
Mayor Martins requested a
motion to close the hearing at 7:45 PM.
Seconded
by Trustee Paul S. Cusato
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Martins opened the Work Session at 7:45 PM.
Resolved to approve the Mineola Fire Department’s request for the use of the Wilson Field picnic area and sports facilities (subject to availability) for a picnic on Sunday, September 17, 2005 from 10:00 AM to 8:00 PM.
Motioned by Trustee John S. DaVanzo
Seconded by Trustee Paul S.
Cusato
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Resolved to approve the
request by Mineola High School to hold a Homecoming Parade to begin on 12:15 PM
on October 1, 2005, with participants assembling at 11:00 AM at the corner of
Andrews Road and Jericho Turnpike and follow the route below:
·
East on Jericho Turnpike to Roslyn Road
·
South along Roslyn Road to Westbury Avenue
·
East along Westbury Avenue to Union Avenue
·
South along Union Avenue to Hampton Stadium
Motioned by Trustee John S.
DaVanzo
Seconded by Trustee Paul S.
Cusato
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Resolved to approve the
request by the Mineola Girl Scouts for the use of Wilson Park and Fields for a
family picnic on Saturday, September 10, 2005 (rain date September 11, 2005)
from 12:00 PM to 3:00 PM with the recommendation that the group consider an
alternate rain date.
Motioned by Trustee Paul S.
Cusato
Seconded by Trustee John S.
Davanzo
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Martins requested a motion to go into Executive Session at 7:53 PM.
Motioned by Trustee Lawrence A. Werther
Seconded by Trustee Paul S.
Cusato
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Martins requested a motion to come out of Executive Session at 8:05
PM.
Motioned by Trustee Lawrence
A. Werther
Seconded by Trustee Linda
Fairgrieve
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor
Martins discussed a grievance filed by Village Employee, Thomas O’Brien. The Village Clerk determined that the matter
was not a legitimate grievance given the explicit terms of the Collective
Bargaining Agreement. Mr. O’Brien
appealed.
Mayor
Martins requested a resolution to dismiss the grievance and affirm the Village
Clerk’s decision.
Resolved to dismiss
the grievance filed by Village Employee, Thomas O’Brien and affirm Village
Clerk, Joseph R. Scalero’s decision.
Motioned
by Trustee Lawrence A. Werther
Seconded
by Trustee John S. DaVanzo
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato
Mayor Martins requested a motion to close the Work Session at 8:10 PM.
Motioned by Trustee Paul S. Cusato
Seconded by Trustee Lawrence
A. Werther
Vote:
Trustee John S. DaVanzo
Trustee Lawrence A. Werther
Trustee Paul S. Cusato