Page 488                          September 30, 2008

 

                                  Rockville Centre, New York

 

 

 

 

The Board of Trustees held a public Briefing Session on the evening of the above date in the Mayor’s office at Village Hall.  The meeting was called to order at 7:40 p.m.

 

PRESENT:  Mayor Mary Whalen Bossart, Trustees Jeanne Farnan Mulry, Andrew P. Karamouzis, Charles R. Joyce and David A. Krasula.

 

ABSENT:   None.

 

ALSO PRESENT: Village Administrator Francis D. Quigley, Jr.

 

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the Board voted to convene in Executive Session to discuss pending litigation and the hiring or firing of a particular individual.

 

On motion by Trustee Karamouzis, duly seconded by Trustee Krasula and unanimously carried, the Board voted to authorize a settlement offer in the Lydia Foster litigation as recommended by defense counsel; defense counsel to contact Village Administrator if additional authorization is requested.

 

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the meeting adjourned at 9:45 p.m.

 

 


Page 468                          September 22, 2008

 

                                  Rockville Centre, New York

 

 

 

The Regular Meeting of the Board of Trustees was held on the evening of the above date in the Village Hall.  Mayor Bossart opened the session at 8:15 p.m.

 

PRESENT:  Mayor Mary Whalen Bossart, Trustees Jeanne Farnan Mulry, Andrew P. Karamouzis, Charles R. Joyce and David A. Krasula.

 

ABSENT:   None.

 

ALSO PRESENT: Village Administrator Francis D. Quigley, Jr., Acting Village Attorney A. Thomas Levin, Police Commissioner John P. McKeon, Deputy Administrator-Operations/Village Engineer Steve Kritsas, Deputy Administrator-Finance/Comptroller Michael Schussheim, Superintendent of Parks and Recreation Anthony T. Brunetta, Superintendent of Buildings Daniel V. Casella, Public Relations Counsel Jeff Kluewer and Secretary to the Board of Trustees Monica Farrell Derr.

 

ATTENDANCE:   Approximately 40 people.

 

Mayor Bossart asked Lt. Rich Fantry to lead the Pledge of Allegiance and requested a moment of silence for three members of the Fire Department who have recently passed away:  Antonio Carillo, James Neff and Edward T. Kunkel.  A page in the Minutes will be dedicated to each of them.

 

Mayor Bossart presented certificates from the New York State Conference of Mayors and Municipal Officials to the following employees who have 25 years or more of service to the Village:  Gary Kondor (25 years), Detective Kevin P. O’Toole (30 years), Michael J. Leccese (30 years), Nancy J. Hall (30 years), Police Commissioner John P. McKeon (35 years), Lt. Richard Fantry (35 years), Anthony T. Brunetta (35 years) and William K. Ketler (35 years).  The Mayor and Board said it was their pleasure to publicly acknowledge the dedicated service of these wonderful employees.

 

Mayor Bossart then presented a Community Service Certificate to Andrew Gaffney, a senior at South Side High School, who organized an event which raised $675.00 for Long Island Cares – Harry Chapin Food Bank.

 

Mayor Bossart appointed the following members to serve on the Insurance Committee through June 30, 2009.

 

                   Michael Jewell, Chair

                   Jeff Greenfield

                   Steve Ruchman

 

None of the parties on the committee has business with Village nor plans to solicit business with the Village, nor will they be able to solicit for two years following their commitment to this committee.

 

Mayor Bossart recessed the Regular Meeting and convened a meeting of the Exterior Design Review Board.

                                  Page 469

 

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

 

 

ACB Case #10-2008 - 78 Woodland Avenue

 

Superintendent Casella introduced Denise Bradley, architect for the project.

 

Ms. Bradley stated that she is representing Mr. and Mrs. Braetens who propose to construct a two-story rear addition.  The existing home is approximately 900 sq. ft., so the addition exceeds 25%.  The addition will match all existing materials and rooflines.  This home was renovated in 2006 and has all new landscaping and is in pristine shape.  It has been before the architectural consultants twice, and they have finished the foundation and are doing the foundation planting at the rear of the property, as requested. Due to the new code, they have proposed a relocation of the outdoor compressors.

 

Trustee Mulry said she actually approved the previous design and believes this is a little smaller than first proposed.  It is quite attractive.  Ms. Bradley replied that it is smaller and does not require a variance.

 

Trustee Joyce asked if the two compressors will be moved next to the garage.  Ms. Bradley said yes.

 

Trustee Karamouzis asked if the location will be in compliance with the new 20 ft. requirement.  Ms. Bradley said that is the intent of moving the compressor.  Trustee Karamouzis suggested buffering it with landscaping.  He asked Mr. Casella if all of the notices had been mailed.  Mr. Casella responded yes.

                  

Mayor Bossart called for comments from the public.  Hearing none, on motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board voted to close the public hearing.

 

On motion by Trustee Karamouzis, duly seconded by Trustee Krasula and unanimously carried, the Board approved ACB Case #10-2008 – 78 Woodland Avenue.

 

 

ACB Case #12-2008 – 40 South Marion Place

 

Denise Bradley, the project architect, stated that this distressed residence has been unoccupied.  She is representing the owners, Mr. and Mrs. Vignola, who have a large family of eight children.  They are proposing to construct a two-story front and rear addition.  There will be a large kitchen, family room and five bedrooms on the second floor.  The architectural consultants suggested providing a gable dormer in place of a shed dormer at the front elevation.  The air conditioning compressors will be at the rear of the dwelling with screening.

 

Mayor Bossart asked to see samples of the materials so the Board could observe the color.

 

Page 470                          September 22, 2008

 

                                  Rockville Centre, New York

 

 

Trustee Mulry added that she thinks this a real beautification over what is presently there.

 

Trustee Krasula thanked the Vignolas for doing the punch-out on the south side of the house.

 

Mayor Bossart called for comments from the public.  Hearing none, on motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board voted to close the public hearing.

 

On motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board approved ACB Case #12-2008 – 40 South Marion Place.

 

Mayor Bossart adjourned the Exterior Design Review and reconvened the Regular Meeting.

 

Village Administrator Quigley opened a public hearing for RVC Bill #9A-2008 regarding the definition of family.

 

Acting Village Attorney Levin provided an overview of the proposed Local Law.

 

Trustee Mulry commented that this is the same text as presented at the August 4th meeting.

 

Mayor Bossart noted that the Board wants to maintain the quality of life in the Village and is not in favor of renting out to anyone other than a family unit.


Trustee Krasula added that this was brought to light by people living on Lakeview and Morris Avenues.

 

Thomas and Karen Tollefsen, of 261 Lakeview Avenue, expressed their gratitude to the Board and Village Attorney for considering their concerns and urged them to pass the legislation.

 

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the Board voted to close the public hearing.

 

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the Board adopted Local Law #10 of 2008.

 

****

 

Local Law #10 of 2008

 

A Local Law to Amend the Definition of “Family” with Respect to

 

the Village Zoning Regulations

 

     Section one.  The definition of "Family" in Village Code §340-2 is hereby amended, to read as follows:

 

                                  Page 471

 

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

"FAMILY -    

A.  A family consists of one or more persons, whether or not related to each other by blood, marriage or adoption, all of whom live and cohabit together as a single, stable and bona fide housekeeping unit, provided that such persons together occupy and own, lease or rent the whole of the building or dwelling unit (and, if such exists, a separate accessory building or dwelling unit) in a family-like living arrangement as the functional and factual equivalent of a natural family and use all rooms and housekeeping facilities in common.  

 

B. Any number of persons shall not be deemed to constitute a "family" if any one of such persons may not have lawful access to all parts of the principal building or separate building or dwelling unit or if any one or more of such persons lease or rent any portion of such principal building and/or separate accessorial building or dwelling unit from any other person.

 

C.  It shall be presumed that a separate building or dwelling unit does not constitute a single household if (i) it is occupied by four or more persons who are not related by blood, marriage or legal adoption, or (ii) any two or more of the following features may be found to exist by the Superintendent of the Building Department or other person designated by the Mayor and Board of Trustees to enforce this chapter: more than one mailbox, mail slot or post office address; more than one doorbell or doorway at the same location; more than one electric meter; more than one gas meter; separate entrances for particular portions of the separate building or dwelling unit or residents thereof; separate or segregated partitions or locked internal doors barring access between portions of the separate building or dwelling unit, including bedrooms; separate written leases, oral rental agreements or the payment of rent or the absence of a certificate of occupancy for portions of the separate building or dwelling unit by or between residents of the separate building or dwelling unit; or two or more kitchens containing a range or oven, refrigerator and sink. The aforesaid presumption shall not prevail if it is otherwise proven by evidence presented to the Superintendent that the separate building or dwelling unit is an integral part of a single household; further, a determination may be made by said Superintendent, based on facts other than those set forth above, that the separate building or dwelling unit does not constitute part of a single household.

 

     D.  After consideration of the following factors, the Superintendent may also conclude that four or more persons unrelated by blood, marriage or adoption do not constitute a "family" as defined in this section:

1.  whether the household has permanency and stability akin to that of a traditional family structure;

2.  the length of stay together among the occupants in the current dwelling unit or other dwelling units;

 

Page 472                          September 22, 2008

 

                                  Rockville Centre, New York

 

 

3.  the presence of minor, dependent, children regularly residing in the household;

4.  the presence of one individual acting as head of household;

5.  proof of sharing expenses for food, rent or ownership costs, utilities and other household expenses;

6.  common ownership of furniture and appliances among the members of the household;

7.  whether the household is a temporary living arrangement or a framework for transient living;

8.  whether the composition of the household changes from year to year, or within the year, or in relation to the seasons or the academic year of any academic institution;

9.  the length of time for which the household has legally authorized occupancy, and whether prior or subsequent occupancies have legal authorization for similar dates or lengths of time;

10.  the frequency with which persons join or depart as members of the household;

11.  the extent to which members of the household resided together in a single household prior to commencing residency at this location, and the likelihood that members of the household will continue to reside together after terminating residency at this location;

12.  whether members of the household have the same address for purposes of voter registrations, motor vehicle operator licenses, motor vehicle registrations, and/or filing of tax returns;

13.  any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.

 

E.  The Superintendent of the Buildings Department or other person designated by the Mayor and Board of Trustees to enforce this chapter shall make the primary determination as to the application of this definition of household for the purposes of compliance with any provisions of this ordinance, or of Chapters 225 and/or 340 of the Code of the Village, or the New York State Building Code or the Multiple Dwelling Law, based upon inspection of the premises and information received from the residents thereof or any other persons or documentary or other written evidence as to the condition of the premises or the relationship of the residents of the separate building or dwelling unit and their living arrangements. Such determination shall be presumed to be correct and final subject to review of or appeal to the Board of Appeals and judicial review as provided by law, and it is further provided that if any one or more of the foregoing provisions shall be determined to be unconstitutional, it shall not affect the constitutionality of the remaining provisions. "

 

Section two.  Any local law, ordinance, or resolution of the Village in conflict with this local law is hereby repealed to the extent of such conflict, except that such repeal, or the express repeal of any local law, ordinance or resolution herein, shall not affect or prevent the prosecution or punishment of any person for any act done or committed in

                                  Page 473

 

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

 

 

violation of such local law, ordinance or resolution prior to the effective date of this local law. 

 

Section three.  If any part or provision of this local law or the application thereof to any person or organization is adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect or impair any other part or provisions or the application of this local law to any other person or organization, and such judgment shall be confined in its operation to the part, provision, person or organization directly involved in the controversy in which such judgment shall have been rendered.

 

Section four.  This local law shall take effect immediately upon adoption.  Any use or occupancy which is lawful and in existence on the effective date of this law, but which would not be lawful pursuant to the provisions enacted in this law, or which would require a permit or approval from the Board of Appeals pursuant to such provisions, may continue for not more than one hundred eighty days after such effective date, and such use or occupancy thereafter shall be unlawful and shall terminate unless such use or occupancy shall obtain legal status as may be permitted by law.

 

****

 

Kevin McDonough, Counsel for Molloy College, commented that the College does not have any opposition to this legislation.  They favor maintaining the residential character of the Village.  Molloy College does not have any official role in off-campus housing.  Students rent independently of the College.  There is language in the student handbook allowing the College to take action for off-campus conduct related to a school activity.  The College is revising the handbook to extend the school’s discretion to discipline students for off-campus conduct whether or not it is related to a school activity.

 

On motion by Trustee Karamouzis, duly seconded by Trustee Krasula and unanimously carried, the Board approved a professional services contract with Greenman Pedersen Inc. to provide  scientific consulting services to the Zoning Board of Appeals in connection with cell tower proposals in an amount not to exceed $10,000.

 

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the Board approved a professional services contract with Greenman Pedersen Inc. to review the Environmental Assessment Form for the Planning Board in connection with the expansion project for the Hampton Inn & Suites, for an amount not to exceed $10,000.

 

On motion by Trustee Mulry, duly seconded by Trustee Karamouzis and unanimously carried, the Board confirmed the attendance of four Fire Department members at the final inspection for the new

 

Page 474                          September 22, 2008

 

                                  Rockville Centre, New York

 

 

rescue truck in Loveland, CO., September 3-5, 2008, for an estimated expenditure of $3,680.

 

On motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board adopted a resolution to publish a legal notice to hold a public hearing for RVC Bill #11-08.  Mayor Bossart and Trustees Mulry, Karamouzis, Joyce and Krasula voted aye.

 

****

 

R E S O L U T I O N

Publication of legal notice for public hearing

 

RVC 11-08.    A local law to amend the Code of the Village of Rockville Centre, in relation to property tax exemption for qualifying Cold War Veterans, pursuant to Real Property Tax Law § 458-b.

     WHEREAS, the Village proposes to adopt legislation to authorize a property tax exemption for Cold War Veterans, pursuant to Real Property Tax Law § 458-b; and

     WHEREAS, a public hearing is required for the adoption of a local law to accomplish such goal, and a legal notice is required to announce the subject, time and place of the public hearing,

     IT IS HEREBY RESOLVED that the Village Administrator shall cause a legal notice to be published in the next available edition of the official paper of the Village of Rockville Centre (the Rockville Centre Herald) to announce that a public hearing will commence with respect to this proposed legislation (Bill RVC 11-08) on October 27, 2008, at 8:15 pm., and shall give such other notice of hearing as may be required by law.

 

****

 

On motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board adopted a SEQRA Resolution for RVC Bill #11-08.  Mayor Bossart and Trustees Mulry, Karamouzis, Joyce and Krasula voted aye.

 

****

 

R E S O L U T I O N

 

Determination Pursuant to New York State

Environmental Quality Review Act

 

RVC 11-08.    A local law to amend the Code of the Village of Rockville Centre, in relation to property tax exemption for qualifying Cold War Veterans, pursuant to Real Property Tax Law § 458-b.

     WHEREAS, the New York State Environmental Conservation Law and the regulations of the Department of Environmental

                                  Page 475

 

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

Conservation as contained in 6 NYCRR Part 617 require review of the possible environmental consequences of various actions under consideration by the Board of Trustees, and

WHEREAS, the Board of Trustees is considering the adoption of legislation designated Bill RVC 11-08, to amend the Village Code to authorize property tax exemptions for Cold War Veterans, and

 

     WHEREAS, the Board of Trustees has considered the nature of the proposed action,

 

     NOW, THEREFORE, IT IS

 

RESOLVED, that the Board hereby finds and concludes that the proposed adoption of Bill 11-08 is not an "action" pursuant to the State Environmental Quality Review Act, and no environmental review is required.

 

****

 

On motion by Trustee Joyce, duly seconded by Trustee Mulry and unanimously carried, the Board adopted a resolution to hold a public hearing for the proposed cable television franchise agreement with Cablevision Systems Long Island Corporation on October 28, 2008.  Mayor Bossart and Trustees Mulry, Karamouzis, Joyce and Krasula voted aye.

 

****

 

R E S O L U T I O N

Publication of legal notice for public hearing

 

Proposed cable television franchise agreement

 with Cablevision Systems Long Island Corporation

 

     WHEREAS, the Village has been in negotiations with Cablevision Systems Long Island Corporation for renewal of a non-exclusive cable television franchise, and

 

     WHEREAS, those negotiations have progressed to a point where the terms of a proposed agreement are sufficiently clear and detailed to permit a public hearing with respect to the proposed agreement, in order to complete any incomplete items and to obtain public input with respect to the proposed agreement, and

 

WHEREAS, a public hearing is required before the Village may determine whether to enter into such an agreement, or to finalize the terms and conditions of such an agreement.

 

     NOW, THEREFORE, IT IS HEREBY RESOLVED that the Village Administrator shall cause a legal notice to be published in the next available edition of the official paper of the Village of Rockville Centre (the Rockville Centre Herald) to announce that

Page 476                          September 22, 2008

 

                                  Rockville Centre, New York

 

a public hearing will commence with respect to a proposed cable television franchise agreement with Cablevision Systems Long island Corporation on October 28, 2008, at 8:15 pm., and that the Village Administrator also shall give such other notice of hearing as may be required by law.

 

****

On motion by Trustee Karamouzis, duly seconded by Trustee Joyce and unanimously carried, the Board approved a retainer for Davidoff Malito & Hutcher LLP to provide special counsel in regard to the Avalon Bay project.

On motion by Trustee Joyce, duly seconded by Trustee Karamouzis and unanimously carried, the Board approved payment of a $1,200 penalty to the Nassau County Department of Health for a failure to comply with the New York Sanitary Code at the Martin Luther King Community Center in 2007.

On motion by Trustee Joyce, duly seconded by Trustee Krasula and unanimously carried, the Board approved the attendance of Lt. Glenn Quinn at the New York Highway Safety Conference in Syracuse, NY, October 19-22, 2008 for an estimated expenditure of $839.00.

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the Board approved the attendance of Lt. Kenneth Schaefer at the NYSPIN Advisory Committee Meeting in Albany, NY, November 6-7, 2008, for an estimated expenditure of $300.00.

On motion by Trustee Joyce, duly seconded by Trustee Mulry and unanimously carried, the Board approved a professional services contract with Duncan, Weinberg, Genzer and Pembroke to provide environmental consulting for the Electric Department in relation to the Title V Air Permit, for a total amount of $15,000.

On motion by Trustee Mulry, duly seconded by Trustee Joyce and unanimously carried, the Board approved a professional services contract with Walden Associates to provide technical support with the Geographical Information System (GIS) Project for a total amount not to exceed $54,320.

On motion by Trustee Joyce, duly seconded by Trustee Krasula and unanimously carried, the Board approved payment of $6,000 to Duncan, Weinberg for New York Association of Public Power (NYAPP) related work to investigate and potentially remedy overcharges paid to the NYISO, and $6,000 for Administrative Director fees for NYAPP.

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the Board adopted the following resolution for the American Public Power Association (APPA) to support the “Campaign for Fair Electric Rates”.  Mayor Bossart and Trustees Mulry, Karamouzis, Joyce and Krasula voted aye.

 

 

                                  Page 477                         

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

****

R E S O L U T I O N

 

WHEREAS, electricity is an essential public service necessary for economic productivity and growth, and to improve the quality of life for all citizens; and

 

WHEREAS, prices for electricity in our area are rising and are forecasted to continue to rise; and

 

WHEREAS, these price increases are attributable to a number of factors, including increased costs for material, labor, and fuel, but a significant additional factor driving up retail electricity prices is the artificially high prices utilities must pay for power they purchase on the wholesale market; and

 

WHEREAS, the wholesale electricity market in our area is operated by the New York Independent System Operator (NYISO), a “regional transmission organization” (RTO), which is not subject to any authority by the state, but rather is overseen by the Federal Energy Regulatory Commission (FERC) in Washington, D.C; and

 

WHEREAS, when FERC approved the creation of this RTO-run market it also “deregulated” electricity prices, allowing sellers to charge whatever the market would bear, under the theory that there would be effective competition to protect consumers from excessive prices and spur needed investments in new power plants; and

 

WHEREAS, there is no competition in this market and thus the results have been the opposite, with wholesale prices for electricity rising significantly and at a higher rate than in regions not served by an RTO, and with power plant investments lagging behind the projected need; and

 

WHEREAS, these trends in the electricity industry come at a time of increasing general economic anxiety and recognition of the costs likely to be borne by consumers to achieve necessary reductions in greenhouse gas emissions to address climate change;  and

 

NOW, THEREFORE, BE IT RESOLVED: that [insert name of city/organization] calls on Congress to take all necessary steps to ensure that the Federal Energy Regulatory Commission protects electricity consumers and the economy by ensuring that wholesale power prices in RTO-run regions are “just and reasonable” as required by law.  

****

 

On motion by Trustee Joyce, duly seconded by Trustee Karamouzis and unanimously carried, the Board approved a professional services contract with Cascade Water Services to provide water treatment for the Power Plant for a three-year period, for an annual cost of $19,800.

Page 478                          September 22, 2008

 

                                  Rockville Centre, New York

 

After discussion, the Board agreed to hold over the next agenda item, authorization for H2M to prepare a Master Plan for the Water Department, to the October 27th meeting.

 

On motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board adopted the following DEC Resolution relating to Recycle Bins.  Mayor Bossart and Trustees Mulry, Karamouzis, Joyce and Krasula voted aye.

****

 

R E S O L U T I O N

 

Resolution Authorizing the Filing of an Application for a State Grant-In-Aid for a Municipal Waste Reduction and/or Recycling Project and Signing of the associated State Contract, Under the Appropriate Laws of New York State.

 

WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects; and

 

WHEREAS   Incorporated Village of Rockville Centre            

                  (Legal Name of Applicant)

herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and

 

WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid;

 

NOW, THEREFORE, BE IT RESOLVED BY

 

                        Board of Trustees                

                     (Governing Body of Applicant)

 

1.   That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York      including all understanding and assurances contained in said application is hereby authorized.

 

2.   That the Village Administrator – Clerk/Treasurer         

    (TITLE of Applicant’s designated Authorized Representative)

     is directed and authorized as the official representative of the  MUNICIPALITY to act     in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE;

 

3.   That the MUNICIPALITY agrees that it will fund its portion of the cost of said Municipal Waste Reduction and Recycling Project.

 

4.   That five (5) Certified Copies of this Resolution be prepared and sent to the NEW YORK    STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, ALBANY, NEW  YORK 12233-7253, together with ONE complete application.

 

                                  Page 479 

 

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

5.   That this resolution shall take effect immediately.

 

****

 

After discussion, the Board agreed to hold over the next agenda item, final payment of $4,100 to MMA Consulting for a study performed of the Fire Department completed in 2007, for further discussion in Executive Session.

 

On motion to Trustee Mulry, duly seconded by Trustee Karamouzis and unanimously carried, the Board approved a contract with Christopher F. Jahn to provide Food Services/Nutrition Program at the Senior Center for the period September 1, 2008 through August 31, 2009 at the rate of $18.00 per hour.

 

On motion by Trustee Krasula, duly seconded by Trustee Mulry and unanimously carried, the Board approved the attendance of P.O. Paul Pope at IALEFI Regional Firearms Training in Jackson, NJ, November 6-7, 2008, for an estimated expenditure of $500.

 

On motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board adopted a resolution to hold a public hearing on RVC Bill #10-08.  Mayor Bossart and Trustees Mulry, Karamouzis, Joyce and Krasula voted aye.

****

 

R E S O L U T I O N

Publication of legal notice for public hearing

 

RVC 10-08.  A local law to amend the Code of the Village of Rockville Centre, with respect to fees and costs for certain applications to the Board of Appeals and/or Planning Board.

 

     WHEREAS, the Village proposes to adopt legislation to amend the Village Code with respect to fees to be paid by certain applicants to the Board of Appeals and/or Planning Board; and

     WHEREAS, a public hearing is required for the adoption of a local law to accomplish such goal, and a legal notice is required to announce the subject, time and place of the public hearing,

     IT IS HEREBY RESOLVED that the Village Administrator shall cause a legal notice to be published in the next available edition of the official paper of the Village of Rockville Centre (the Rockville Centre Herald) to announce that a public hearing will commence with respect to this proposed legislation (Bill RVC 10-08) on October 27, 2008, at 8:15 pm., and shall give such other notice of hearing as may be required by law.

 

****

 

On motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board adopted a SEQRA

Page 480                          September 22, 2008

 

                                  Rockville Centre, New York

 

Resolution for RVC Bill #10-08.  Mayor Bossart and Trustees Mulry, Karamouzis, Joyce and Krasula voted aye.

 

****

 

Determination Pursuant to New York State

Environmental Quality Review Act

 

RVC 10-08.  A local law to amend the Code of the Village of Rockville Centre, with respect to fees and costs for certain applications to the Board of Appeals and/or Planning Board.

 

     WHEREAS, the New York State Environmental Conservation Law and the regulations of the Department of Environmental Conservation as contained in 6 NYCRR Part 617 require review of the possible environmental consequences of various actions under consideration by the Board of Trustees, and

WHEREAS, the Board of Trustees is considering the adoption of legislation designated Bill RVC 10-08, to amend the Village Code with respect to various fees to be paid by applicants; and

 

     WHEREAS, the Board of Trustees has considered the nature of the proposed action,

 

     NOW, THEREFORE, IT IS

 

RESOLVED, that the Board hereby finds and concludes that the proposed adoption of Bill 10-08 is not an "action" pursuant to the State Environmental Quality Review Act, and no environmental review is required.

 

****

 

 

OLD BUSINESS

 

Trustee Mulry mentioned that last year the Beautification Committee had submitted a Tree Preservation Proposal, and she asked if it could be moved forward soon.  Mayor Bossart said she had not seen that information.  Steve Kritsas said he would circulate it to the Board.

 

Trustee Krasula moved to approve the Minutes of the Briefing Session of July 3, 2008.  Trustee Joyce seconded the motion.  Trustee Mulry expressed her desire to have her comments at the July 3rd meeting included in the Minutes.  Trustee Krasula and Village Administrator noted that they had recently attended a training session on Meetings and Minutes at the New York Conference of Mayors and they learned that it is not necessary for Minutes to relay any description of what transpired if no vote had been taken; and, indeed, no vote had been taken at the July 3rd meeting.  Trustee Karamouzis agreed that no vote had been taken, but said he would like to see a statement that the Board agreed that the Village Administrator has the authority to implement the vehicle policy.  Mayor Bossart and Trustees Joyce and Krasula voted aye on the motion to approve the minutes as submitted.  Trustees Mulry and Karamouzis voted nay.  The Minutes were approved by a vote of 3-2. 

                                  Page 481

 

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the Board approved the Minutes of the Briefing Sessions of July 30th, July 31st, August 4th, the Regular Meeting of August 4th, the Briefing Sessions of August 7th, August 8th, August 20th, September 3rd and September 11th.

 

Village Administrator Quigley advised that properly advertised Bids for Maintenance and Porter Services had been opened by the Purchasing Department.  On May 19, 2008 the Board of Trustees approved the award to the low bidder, Commercial Building Maintenance, for the period of June 1, 2008 through May 31, 2011, for a total expenditure not to exceed $95,334.00.

 

Commercial Building Maintenance has failed to completely comply with the specifications of this bid.  On motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board voted to remove the award from Commercial Building Maintenance and award the contract to the second lowest responsible bidder, namely Martins Building Maintenance, for the period of September 1, 2008 through May 31, 2011, for a total expenditure not to exceed $96,855.00.

 

 

Vendor

10 Sunrise

Highway

110 Maple Ave

142 Maple Ave

34 Maple Ave

120 S. Village Ave

50 S. Park Ave

1 College Place

TOTAL

Commercial Building Maintenance

$3,684

$5,040

$3,480

$8,064

$600

$4,322

$6,588

$31,778

Martins

Building

Maintenance

4,764

5,040

4,692

8,064

1,104

$4,968

6,588

$35,220

 

 

Village Administrator Quigley advised that properly advertised Bids for a Restroom Addition at the Sandel Senior Center had been opened by the Purchasing Department on July 28, 2008, with the following results:

 

     BIDDER                            QUOTED PRICE

 

Talty Construction, Inc.                   $220,000.00

 

The following companies did not respond:  Island Pump and Tank, Lite-House Home Services, O’Brian Home Services, Turnabout Plumbing and Heating and WFG Construction.

 

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the Board voted to reject the bid, as it came in over budget.  Specifications for this project will be revised and re-bid at a later date.

 

Village Administrator Quigley advised that properly advertised Bids to upgrade computer hardware and software for the Fire Department had been opened by the Purchasing Department on April 10, 2008, with the following results:

 

          BIDDER                       TOTAL PRICE

 

Decom Computer Solutions                   $91,918.00

Page 482                          September 22, 2008

 

                                  Rockville Centre, New York

 

The following companies did not respond:  ACS, Alpine Software Corp., A-Plus Technology Solution, Clearquest Technologies Corp. and Fire Tracker.

 

On motion by Trustee Mulry, duly seconded by Trustee Karamouzis and unanimously carried, the Board awarded the Bid to the sole bidder, namely Decom Computer Solutions, for a total expenditure not to exceed $91,918.00.

 

Village Administrator Quigley advised that Bids for Solar Powered Arrow Board and Portable Light Tower for the Department of Public Works had been opened by the Purchasing Department on July 24, 2008, with the following results:

 

     BIDDER                 ARROW BOARD       LIGHT TOWER

 

Garden State Highway

Products, Inc.              $4,711.00         $8,044.00

 

The following companies did not respond:  Atlas Flasher and Supply Co., Independent Equipment Corp. and Tool Rentals, Inc.

 

On motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board awarded the bid to the sole bidder, namely Garden State Highway Products, Inc., for a total expenditure not to exceed $12,755.00.

 

On motion by Trustee Joyce, duly seconded by Trustee Krasula and unanimously carried, the Board accepted into the Village official record a communication from the Fire Department Secretary, Bruce Schwarting, dated August 19, 2008, with the following changes:

 

 

DEATH

 

James Neff                        Reliance Hose Company #3

 

NEW MEMBERS

 

James Boylan                      Floodlight Company #1

                                  Fire Medic

Christopher Boylan                Floodlight Company #1

                                  Fire Medic

Daniel Moriarty                   Eureka Hook Ladder & Bucket

                                  Company #1

 

              TOTAL MEMBERSHIP   321 MEMBERS

 

 

On motion by Trustee Joyce, duly seconded by Trustee Krasula and unanimously carried, the Board accepted into the Village official record a communication from the Fire Department Secretary, Bruce Schwarting, dated September 17, 2008, with the following changes:

 

DEATH

 

Honorary Chief Edward T. Kunkel   Reliance Hose Company #3

                                  Page 483

 

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

NEW MEMBER

 

Erik Rutha                        Woodland Engine Company #4

 

              TOTAL MEMBERSHIP   320 MEMBERS

 

 

This concluded the business portion of the meeting.  For a verbatim record, please refer to the video.

 

At 10:45 p.m. on motion by Trustee Karamouzis, duly seconded by Trustee Krasula and unanimously carried, the Board voted to adjourn the Regular Meeting and convene in Executive Session to discuss matters leading the hiring or firing of a particular individual.

 

 

 

 

                                  _____________________________                      

                                      Francis D. Quigley, Jr.

                                      Village Clerk-Treasurer

/mfd


                                  Page 487

 

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

 

 

 

The Board of Trustees convened in Executive Session at 10:50 p.m. on the above date in the Mayor’s office.

 

PRESENT:  Mayor Mary Whalen Bossart, Trustees Jeanne Farnan Mulry, Andrew P. Karamouzis, Charles R. Joyce and David A. Krasula.

 

ABSENT:   None.

 

ALSO PRESENT: Village Administrator Francis D. Quigley, Acting Village Attorney A. Thomas Levin, Deputy Administrator-Finance Michael Schussheim and Deputy Administrator-Operations Steve Kritsas.

 

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the Board voted to authorize defense counsel to make an offer in settlement of the Foster lawsuit in accordance with counsel's recommendation.

 

 

 

 

At 11:43 p.m., on motion by Trustee Krasula, duly seconded by Trustee Karamouzis and unanimously carried, the Board recessed the Executive Session and reconvened the public Briefing Session. 

 

On motion by Trustee Karamouzis, duly seconded by Trustee Krasula and unanimously carried, the Board approved a professional services contract wit H2M to perform a subsurface investigation of a diesel fuel spill at the DPW Facility at 10 Sunrise Highway for a maximum fee of $14,500.

 

On motion by Trustee Karamouzis, duly seconded by Trustee Krasula and unanimously carried, the Board approved execution of a DEC Consent Order, and payment of a $5,000 fine in connection with that DEC Consent Order related to the fuel spill at the Department of Public Works facility.

 

On motion by Trustee Krasula, duly seconded by Trustee Joyce and unanimously carried, the meeting adjourned at 11:58 p.m.

 

 

 

 

 

 

 

 

 

 

 


                                  Page 467

 

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

 

 

 

The Board of Trustees held a public Briefing Session on the evening of the above date in the Mayor’s office at Village Hall.  The meeting was called to order at 7:00 p.m.

 

PRESENT:  Mayor Mary Whalen Bossart, Trustees Jeanne Farnan Mulry, Andrew P. Karamouzis, Charles R. Joyce and David A. Krasula.

 

ABSENT:   None.

 

ALSO PRESENT: Village Administrator Francis D. Quigley, Jr., Acting Village Attorney A. Thomas Levin, Police Commissioner John P. McKeon, 2nd Assistant Fire Chief John Busching, Deputy Administrator-Operations/Village Engineer Steve Kritsas, Deputy Administrator-Finance/Comptroller Michael Schussheim, Superintendent of Parks and Recreation Anthony T. Brunetta, Superintendent of Buildings Daniel V. Casella, Superintendent of Electric Paul J. Pallas, Superintendent of Water Anthony Iannone, Superintendent of Public Works Harry L. Weed, Director of Senior Services Cyd B. Charrow, Director of Information Technology John A. Peters and Public Relations Counsel Jeff Kluewer.

 

On motion by Trustee Mulry, duly seconded by Trustee Karamouzis and unanimously carried, the Board approved the co-naming of a portion of Greystone Road in honor of Lt. Ronald Winchester.


Page 484                          September 22, 2008

 

                                  Rockville Centre, New York

 

 

 

 

~~

~~

 

 

 

IN MEMORY

 

 

OF

 

 

ANTONIO CARILLO

 

 

LIVE OAK ENGINE COMPANPY NO. 1

 

 

JUNE 17, 1969 – JULY 9, 2008

 

 

 

 

~~

~~

 

 

 

 

                  


                                  Page 485

             

                                  September 22, 2008

 

                                  Rockville Centre, New York

 

 

~~

~~

 

 

 

IN MEMORY

 

 

OF

 

 

JAMES NEFF

 

 

 

RELIANCE HOSE COMPANY NO. 3

 

 

 

JUEN 19, 1979 – AUGUST 15, 2008

 

 

 

 

~~

~~

 

 


Page 486                          September 22, 2008

 

                                  Rockville Centre, New York

 

 

 

~~

~~

 

 

 

IN MEMORY

 

 

OF

 

 

HONORARY CHIEF EDWARD T. KUNKEL

 

 

RELIANCE HOSE COMPANY NO. 3

 

 

JANUARY 21, 1935 – SEPTEMBER 2008

 

 

 

 

~~

~~