MINUTES OF THE 1080 th MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KINGS POINT September 06, 2016 Adopted on October 27, 2016

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1 The 1080 th meeting of the Board of Trustees of the Village of Kings Point was called to order by Mayor Michael C. Kalnick at 8:15 p.m. on, at the Village Hall of the Village of Kings Point, 32 Steppingstone Lane, Kings Point, New York PRESENT: Michael C. Kalnick, Mayor David Harounian, Deputy Mayor Sheldon Kwiat, Trustee Ron Horowitz, Trustee Hooshang Nematzadeh, Trustee ALSO PRESENT: Gomie Persaud, Village Clerk-Treasurer Stephen G. Limmer, Esq., Ackerman, Levine, Cullen, Brickman & Limmer, LLP, General Counsel Michael Moorehead, Superintendent of Department of Public Works Richard Schilt, Building Inspector George Banville, Police Commissioner Upon motion by Trustee Ron Horowitz, seconded by Trustee Sheldon Kwiat, by resolution # , the Board unanimously approved the minutes as presented of the Board of Trustees meeting of July 19, Upon motion by Trustee David Harounian, seconded by Trustee Hooshang Nematzadeh, by resolution # , the Board unanimously accepted the Building Department reports for the period of July 2016, showing the total fees deposited of $42, into the General Fund and $10, into the Trust Fund, and for the period of August 2016, showing the total fees collected of $19, into the General Fund and $9, into the Trust Fund. Copies of the reports are on file with the Village Clerk. Upon motion by Trustee Sheldon Kwiat, seconded by Trustee Ron Horowitz, by resolution # , the Board unanimously accepted the Village Justice Court reports for the period of July 2016, showing the total fines and surcharges collected of $13,694.00, and for the period of August 2016, showing the total fines and surcharges collected of $16, Copies of the reports are on file with the Village Clerk. Upon motion by Trustee Ron Horowitz, seconded by Trustee Hooshang Nematzadeh, by resolution # , the Board unanimously approved the payment of audited claims as follows:

2 A. General Fund: $542, B. Trust Fund: $ 6, Copies of the abstracts of claims are on file with the Village Clerk. The Board discussed the application of Peter A. Aron, as owner, pursuant to Article VIII, Off-Shore Structures, of Chapter 161, Zoning, of the Code of the Village of Kings Point, for a permit to: (i) reconstruct an existing 300-foot long by 8-foot wide fixed pier, with a 36-foot long by 3-foot wide aluminum gangway, and a 24-foot long by 8-foot wide float at the end; (ii) install a boat lift; and (iii) maintain a legally preexisting (since 1953) nonconforming 9-foot long by 6-foot wide, 7.5-foot high shed at the end of the pier, at the premises known as 20 Pond Road, Kings Point, New York, shown on the Nassau County Land and Tax Map as Section 1, Block 176, Lots 26, 27, 28, and 44. Upon motion by Trustee Hooshang Nematzadeh, seconded by Trustee Sheldon Kwiat, by resolution # , the Board unanimously adopted the following resolution: Whereas, Peter A. Aron, as owner, pursuant to Article VIII, Off- Shore Structures, of Chapter 161, Zoning, of the Code of the Village of Kings Point, has applied for a permit to: (i) reconstruct an existing 300-foot long by 8-foot wide fixed pier, with a 36-foot long by 3-foot wide aluminum gangway, and a 24-foot long by 8-foot wide float at the end; (ii) install a boat lift; and (iii) maintain a legally preexisting (since 1953) nonconforming 9-foot long by 6- foot wide, 7.5-foot high shed at the end of the pier, at the premises known as 20 Pond Road, Kings Point, New York, shown on the Nassau County Land and Tax Map as Section 1, Block 176, Lots 26, 27, 28, and 44; and Whereas, the Board has made the following findings of fact: 1. Based upon a review of the SEAF submitted by the applicant and the other documents and testimony presented with regard to the application, the proposed action will not result in any significant adverse environmental impacts. 2. The proposed 300-foot long pier is necessary for continued access to an adequate water depth.

3 3. The existing shed is a legal nonconforming structure. 4. The boat lift will not be used to lift boats that weigh in excess of 20,000 lbs. 5. The dock will not unreasonably impede, obstruct, or interfere with navigation, the rights of adjoining property owners, the public use of or passage along the foreshore or the waterway, or significantly damage the environment. Now, therefore, based upon the foregoing findings: A. The Board authorizes the Mayor to complete part 2 of the SEAF, answering no, or small impact may occur to questions 1 through 11, and checking the box indicating that this Board has determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. B. The Board grants the application on the condition that the offshore structures are constructed and maintained substantially in accordance with the following documents submitted by the applicant as part of his application: 1) the detail drawings set forth below prepared by Dietrich Engineering, PC, attached to the September 3, 2015, letter from Laura F. Star, Environmental Analyst, New York State Department of Environmental Conservation, to Peter A. Aron with regard to Permit No.: /00001, for ARON RESIDENCE 20 Pond Road, Kings Point, NY Project No.: 13018; dated , showing no revisions: i. Detail No. C-3, General Site Plan ii. Detail No. C-4, Site Grade Plan and Water Depth iii. Detail No. C-5, Timber Demolition Plan iv. Detail No. C-6, Pier Elevation

4 v. Detail No. C-7, Float and Gangway Plan vi. Detail No. C-8, Float and Gangway Plan 2) the letter from Peter Fleischman General Contracting, dated September 6, C. No building permit shall be issued for the boat lift until plans for the boat lift shall have been submitted to the Village Building Inspector and he has approved the plans as being in conformity with the Village Code. A copy of the application is on file with the Village Clerk. Village Clerk-Treasurer Gomie Persaud advised the Board of the upcoming expiration of the second year of the Tree Trimming and Related Services Contract with Harder Services Inc. (effective 10/01/15 09/30/16), and recommended that the Village exercise its final option to extend the contract for a third year. Upon motion of Trustee David Harounian, seconded by Trustee Ron Horowitz, by resolution # , the Board unanimously agreed to exercise its final option to extend the contract for a third one-year period (effective 10/01/16 09/30/17) for the unit prices set forth in the Harder Services Inc. bid. A copy of the bid is on file with the Village Clerk. Upon motion of Trustee Ron Horowitz, seconded by Trustee Sheldon Kwiat, by resolution # , the Board unanimously approved the renewal of the retainer agreement of D & B Engineers and Architects, P.C, as Consulting Engineers, for the Village s 2016/2017 fiscal year on a non-exclusive basis in accordance with its letter dated July 13, A copy of the letter is on file with the Village Clerk. Upon motion of Trustee Ron Horowitz, seconded by Trustee Sheldon Kwiat, by resolution # , the Board unanimously accepted the proposal from Nelson & Pope Engineers & Surveyors, as Consulting Engineers, on a non-exclusive basis in accordance with its letter dated September 2, A copy of the letter is on file with the Village Clerk. Village Superintendent of Public Works Michael Moorehead discussed with the Board the need to rent a catch basin cleaner for the maintenance of the Village s catch basins. Upon motion by Trustee David Harounian, seconded by Trustee Sheldon Kwiat, by resolution # , the Board unanimously approved the

5 rental of a catch basin cleaner/vactor rental unit from Jet-Vac, Inc., for the maintenance of catch basins for a period of one month in September of 2016, at a cost not to exceed $12,500.00, in accordance with its proposal by dated August 17, Village Attorney Stephen G. Limmer explained the reasons for a proposed Designation of Rights and Assumption of Liabilities Agreement between the Village and the Water Authority of Great Neck North (the Authority ) and the fact that he represents the Authority as well as the Village. Upon motion by Trustee Ron Horowitz, seconded by Trustee Sheldon Kwiat, by Resolution # the Board waived any conflict by having Stephen G. Limmer, who serves as General Counsel to both the Village and the Authority, prepare and oversee the execution of the proposed Designation of Rights and Assumption of Liabilities Agreement. Stephen G. Limmer also opined that since the Mayor was both a Director and the Chairperson of the Authority, it would be better, if the Board approved the proposed agreement, if it authorized Deputy Mayor David Harounian to execute it on behalf of the Village. After discussion, upon motion by Trustee Ron Horowitz, seconded by Trustee Sheldon Kwiat, by Resolution # , the Board approved the proposed Designation of Rights and Assumption of Liabilities Agreement and authorized Deputy Mayor David Harounian to execute the Agreement on behalf of the Village. A copy of the agreement is on file with the Village Clerk. Upon motion by Trustee David Harounian, seconded by Trustee Sheldon Kwiat, by resolution # , the Board unanimously approved the following resolution: WHEREAS, the Justice Court Assistance Program has been established to enable towns and villages to apply to the Chief Administrative Judge for a grant of the State funds to assist in the operation of their Justice Courts; and WHEREAS, the Village of Kings Point (hereinafter referred to as the Village ) has established a Village Justice Court, which qualifies for said program; and WHEREAS, this Board finds that it would enhance the Village s Justice Court s ability to provide suitable and sufficient services to the Village Community, and that it would be in the best interest of the health, safety, and welfare of the Village, if the Village obtained funds from the State, pursuant to the provisions of said program.

6 THEREFORE, BE IT RESOLVED, that the Court Clerk, Rosemarie Onorato is hereby authorized and directed to prepare and execute and deliver, all of the necessary papers and application for the funds from the State of New York Unified Court System Office of Court Administration under its Justice Court Assistance Program, in an amount not to exceed $2,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Village. Building Inspector Richard Schilt informed the Board that he had determined that Hosneara Malik and Mohamed Malik (the Maliks ) have neglected or refused to comply with the notice dated June 29, 2016, which was posted and served upon them on June 30, 2016, pursuant to 63-2 of the Village Code, which directed them to repair or remove the unsafe building at their premises at 26 Cricket Lane, Kings Point, New York 11024, shown on the Nassau County Land and Tax Map as Section: 1, Block: 175, Lots: 56 and 57. Accordingly he requested that the Board direct a survey of the premises to be made by Michael Moorehead, the Superintendent of the Department of Public Works of the Village, Gary Becker, an engineer with Nelson & Pope Engineers & Surveyors, and a practical builder, engineer, or architect appointed by the Maliks, or, in the event the Maliks refuse or neglect to appoint such a surveyor, the two surveyors named to make the survey and report to the Board. Upon motion by Trustee Sheldon Kwiat, seconded by Trustee Hooshang Nematzadeh, by Resolution # , the Board adjourned for advice of counsel at 8:40 p.m. The Board returned from its advice of counsel meeting to the regular session of the meeting at 8:50 p.m. Based upon the recommendation of the Building Inspector, upon motion by Trustee Sheldon Kwiat, seconded by Trustee Ron Horowitz, by Resolution # , the Board unanimously directed that a survey be made by Michael Moorehead, Gary Becker, and a practical builder, engineer, or architect appointed by the Maliks, or, in the event the Maliks refuse or neglect to appoint such a surveyor, the two surveyors named, to make a survey of the premises at 26 Cricket Lane, Kings Point, New York 11024, shown on the Nassau County Land and Tax Map as Section: 1, Block: 175, Lots: 56 and 57, pursuant to 63-2 of the Code of the Village of Kings Point, to repair or remove, the unsafe building, and report to the Board.

7 Mayor Michael C. Kalnick stated that the next meeting of the Board of Trustees would be announced at a later date. There being no further business to come before the Board, the Mayor adjourned the meeting at 8:57 p.m. Gomie Persaud Village Clerk/Treasurer