Village of Freeport, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY; Adopted by the Board of Trustees of the Village of Freeport 4-27-1987 by L.L. No. 2-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Operation and Utilization of Freeport Mall — See Ch. 180, Art. VII.
Taxation — See Ch. 185.
Zoning — See Ch. 210.

§ 145-1 Legislative findings.

A. 
There are three commercial areas which together form the core of the Central Business District, which are in need of economic revitalization. They are:
(1) 
The Freeport Village Mall, i.e., those businesses and properties situated on the east and west sides of South Main Street between Merrick Road and Sunrise Highway.
(2) 
The commercial area north of said Mall generally situated between Freeport Plaza (east and west) on the north, Henry Street on the east, Sunrise Highway (east and west) on the south and the Off-Track Betting and Firestone Tire properties on the west.
(3) 
The commercial area south of said Mall generally situated between Merrick Road (east and west) on the north, Henry Street on the east, Smith Street on the south and Church Street on the west.
B. 
Together, these three areas generally comprise the area hereinafter referred to as the "Mall Area Assessment District," the boundaries of which are more particularly described in § 45-3 of this chapter.
C. 
There is a public as well as a private need, and it is both in the public interest and in the private pecuniary interest of the merchants and property owners located within the Mall Area Assessment District, to reopen the Freeport Village Mall to both vehicular and pedestrian traffic, to restore said street bed as an integral part of South Main Street and to make other related improvements in connection therewith. Such a reopening will improve the flow of vehicular traffic in the area and will encourage the economic revitalization of the district.
D. 
There is a public as well as a private need, and it is both in the public interest and in the private pecuniary interest of the merchants and property owners located within the Mall Area Assessment District, to provide adequate public parking facilities, both on-street and off-street, in connection with such reopening and to make other related improvements in connection therewith in order to encourage the economic revitalization of the district.
E. 
However, the Board of Trustees has determined that because of the cost involved in undertaking and completing the reopening of the Mall and related improvements, because of the lack of availability of sufficient federal community development funds and surplus general revenues not otherwise committed to other development projects and because the primary beneficiaries of the reopening of the Mall and related improvements are the merchants and property owners situated within the Mall Area Assessment District, the only way that said project could be completed was for the Village of Freeport to:
(1) 
Undertake such work and improvements either directly through the use of its own employees or indirectly through the use of public contracts put out for competitive bids based upon plans and specifications drawn, or through a combination of said methods;
(2) 
Initially finance the cost of said benefits, work and improvements through the issuance of bond anticipation notes; and
(3) 
Assess the full costs of said benefits, work and improvements against the properties benefited, i.e., those properties situated within the boundaries of the Mall Area Assessment District, which assessments may then be financed by the issuance of serial bonds pursuant to § 11.00, Subdivision 34, of the Local Finance Law of the State of New York.
F. 
There is a general consensus among the merchants and property owners situated within the Mali Area Assessment District, which was expressed at a public hearing held on February 24, 1986, that:
(1) 
The reopening of the Freeport Village Mall to both vehicular and pedestrian traffic and other related improvements is vital to the economic well-being of said district.
(2) 
Said project should go forward notwithstanding the lack of availability of federal community development funds and surplus general revenues not otherwise committed to other development projects.
(3) 
The merchants and property owners of the Mall Area Assessment District are the primary beneficiaries of said benefits, work and improvements.
(4) 
The cost of the entire project should be initially financed by the Village through the issuance of bond anticipation notes and assessed against the properties situated within the Mall Area Assessment District, which assessments may then be financed by the issuance of serial bonds pursuant to § 11.00, Subdivision 34, of the Local Finance Law of the State of New York.
G. 
Accordingly, the Board of Trustees has determined that the project can and should go forward under the conditions stated and hereby establishes the Mall Area Assessment District pursuant to § 22-2200 of the Village Law and § 10 of the Municipal Home Rule Law and other applicable laws to accomplish said purpose.

§ 145-2 Scope of improvements.

The scope of the improvements to be made is comprehensive and consists of the reopening of the Freeport Village Mall to both vehicular and pedestrian traffic, restoring it to its former status as an integral part of South Main Street together with any and all benefits, work and improvements reasonably connected therewith, including but not limited to the following:
A. 
The removal of existing pavement and/or pavement blocks presently covering the street bed; the installation and/or repair of sidewalks, curbing, ramps, gutters and aprons as needed; the reconstruction, restoration and resurfacing of the street, including the marking and striping of the road surface to indicate lanes for travel, lanes for parking, crosswalks, stop lines and the like; the relocation and installation of traffic signals and traffic control devices as needed; the installation of streetlighting the installation of parking meters and/or other appropriate signing to regulate the flow of traffic entering, remaining in and leaving the Mall; the construction, reconstruction, repair and relocation, as necessary, of utilities and utility easements; the removal of all obstructions and barriers presently inhibiting the free flow of vehicular traffic, such as canopies, halyards, fountains, flagpoles, signs, stanchions, etc.; the removal of the canopies along the east and west sides of the Mall running more or less parallel to the buildings and structures fronting thereon and/or affixed thereto; and the installation of plants, flowers, trees or shrubbery as appropriate.
B. 
The demolition and removal of the buildings and structures situated on the real property commonly referred to as the "Jamaica Tire/Cannon Taxi property." and more particularly described as Section 55, Block 408, Lot 1, on the Land and Tax Map on file in the office of the Clerk of the County of Nassau; the resurfacing, paving, marking and striping of said premises as a parking field; the installation and/or repair of sidewalks, curbing, ramps, gutters and aprons as needed; the possible use of a portion of said premises in connection with the construction of a turning lane or lanes to improve the flow of vehicular traffic between Church Street and Sunrise Highway; the installation of parking meters and/or other appropriate signing to regulate the flow of vehicular traffic entering, remaining in and leaving said lot and surrounding commercial properties; the marking and striping of parking spaces located within said parking field; the removal, relocation and/or installation of traffic signals and other traffic control devices as needed; the installation of streetlighting and other lighting necessary and proper for adequate illumination of said parking field; the construction, reconstruction, repair and relocation, as necessary, of utilities and utility easements; the installation of plants, flowers, trees, shrubbery or artificial screening as appropriate; and other related improvements.
C. 
The closing of Little Pine Street to through vehicular traffic and the incorporation of the same into Parking Field No. 27; the resurfacing, paving, striping and marking of the same as may be necessary for parking: the installation and/or repair of sidewalks, curbing, ramps, gutters and aprons as needed; the installation of parking meters and/or appropriate signing to regulate the flow of vehicular traffic entering, remaining in and leaving said expanded parking field and surrounding commercial properties; the removal, relocation and/or installation of traffic signals and other traffic control devices as needed; the installation of streetlighting and other lighting necessary and proper for the adequate illumination of said parking field; the construction, reconstruction, repair and relocation, as necessary, of utilities and utility easements; the installation of plants, flowers, trees, shrubbery or artificial screening as appropriate; and other related improvements.

§ 145-3 Boundaries of district.

The boundaries of the Mall Area Assessment District containing the properties to be assessed for the aforementioned benefits, work and improvements are hereby established as follows:
BEGINNING at a point formed by the intersection of the west side of Henry Street with the south side of Freeport Plaza East;
RUNNING THENCE in a westerly direction along the south side of Freeport Plaza East, across South Main Street and continuing in a westerly direction along Freeport Plaza West to a point formed by the intersection of the south side of Freeport Plaza West with the westerly boundary tine of the premises known as the "Off-Track Betting property," and more particularly as Section 55, Block 289, Lot 221, on the Land and Tax Map on file in the office of the Clerk of the County of Nassau;
RUNNING THENCE along said westerly boundary of the 0ff-Track Betting property and continuing in a more or less southerly direction, across West Sunrise Highway and along the westerly boundary of the premises known as the "Firestone Tire property," and more particularly as Section 55, Block 21, Lot(s) 19 and 28, on the Land and Tax Map on file in the office of the Clerk of the County of Nassau, to a point formed by the intersection of the westerly boundary of the Firestone Tire property with the north side of Pine Street;
RUNNING THENCE in an easterly direction along the north side of Pine Street to a point formed by the intersection of the north side of Pine Street with the east side of Church Street;
RUNNING THENCE in a southerly direction along the east side of Church Street, crossing West Merrick Road and continuing in a southerly direction along the east side of Church Street to a point formed by the intersection of the east side of Church Street with the north side of Smith Street;
RUNNING THENCE more or less in a northeasterly direction along the north side of Smith Street, crossing South Main Street and continuing more or less in a northeasterly direction along the north side of Smith Street to a point formed by the intersection of the north side of Smith Street with the west side of Henry Street;
RUNNING THENCE more or less in a northwesterly direction along the west side of Henry Street, crossing East Merrick Road and continuing in a northwesterly direction along the west side of Henry Street, crossing Newton Boulevard and East Sunrise Highway and continuing in a northwesterly direction along the west side of Henry Street to the point or place of beginning.

§ 145-4 Manner of assessment.

A. 
Upon completion of the project and following a public hearing in accordance with the provisions of § 22-2200 of the Village Law, the total cost is to be assessed against the benefited properties within the boundaries of the Mall Area Assessment District as follows:
(1) 
Fifty percent of the cost shall be assessed against all the benefited properties in the district on an ad valorem basis, using the assessed value of each parcel as stated in the current final Village assessment roll at the time of levy.
(2) 
Fifty percent of the cost shall be assessed against those properties with frontage on Freeport Mall (i.e., those properties situated on the east and west sides of South Main Street between Merrick Road and Sunrise Highway) on the basis of footage fronting on Freeport Mall. Properties with Mall frontage are subject to assessment on both frontage and ad valorem bases.
B. 
Manner of payment. Following the apportionment and assessment of the cost of said work, benefits and improvements among the various parcels in accordance with the formula prescribed in Subsection A above, the following payment options shall be available to the affected property owners pursuant to §§ 5-516 and 5-518 of the Village Law:
(1) 
Payment in full without penalty at any time within 30 days of notification, in writing, by ordinary mail by the Village Treasurer of the amount of said assessment following the confirmation of the assessment roll; or
(2) 
Payment in equal annual installments of principal plus interest over the maximum period of time for which serial bonds may be issued pursuant to § 11.00, Subdivision 34, of the Local Finance Law of the State of New York. The rate of interest charged shall be equal to the rate of interest of the serial bonds issued in order to finance said improvements. Annual installments shall be included as a separate item on the Village tax roll.
(3) 
In the event that the property owner elects neither option in Subsection B(1) or (2) above, the total amount due will be transferred to the next Village tax roll.
C. 
Certiorari. Every assessment for improvements made pursuant to this chapter shall be subject to review pursuant to the provisions of § 22-2200 of the Village Law of the State of New York.