Board of Trustees
Village of Baxter Estates
315 Main Street, Port Washington, New York
September 3, 2013
7: 30PM 

Present           Trustee Charles Comer                       
                        Trustee Alice M. Peckelis
                        Trustee Nora Haagenson
                        Village Attorney Christopher Prior
                        Village Clerk Yvonne Whitcomb
                        Treasurer Laurence Tuck

Absent            Mayor Frederick E. Nicholson 
                        Trustee Douglas Baldwin    

Also present:  Mike Benedetti, Allison Benedetti, Nancy Johnson, Patrick Griffin, Bodil Lawrence, James Nowajchik, Joseph Peckelis

 

1.                  New Business

 

A.      20 Bayside Ave Property Maintenance

 

Residents of Bayside Avenue addressed the Board regarding long- standing issues with the maintenance of the property at 20 Bayside.

 

Upon motion made by Trustee Comer, and seconded by Trustee Haagenson, the Board unanimously RESOLVED as follows:

 

WHEREAS, the Village, in response to resident complaints about property maintenance conditions at 20 Bayside Avenue, has inspected the premises, and determined that property maintenance is required in order for the property to be compliant with Village Code § 144-6; and

 

WHEREAS, the Village Clerk has advised the Board that the Village has sent a written notice to the record owner of the premises, directing that specific property maintenance measures be taken by the homeowner; and

 

WHEREAS, the Village Clerk has advised the Board that more than 10 days have lapsed since delivery of said notice, and that no remedial action has been taken by the property owner or occupants with respect to the non-compliant conditions at the Subject Premises; and

 

WHEREAS, pursuant to Village Code § 144-6, the Village Board is authorized to adopt a resolution authorizing the expenditure of Village funds to take remedial action with respect to unkempt premises where the property owner has failed timely to re-mediate after receiving written notice from the Village;

 

NOW, THEREFORE, the Board of Trustees of the Village of Baxter Estates has determined that it is in the best interests of the Village and its residents to authorize, pursuant to Village Code § 144-6, an expenditure not to exceed $ 250.00, to re-mediate property maintenance conditions at the premises known as 20 Bayside Avenue, in light of the failure of the property owner timely to re-mediate existing, non-compliant conditions following delivery by the Village of written notice to said owner; to that end, the Board hereby authorizes such expenditure, and further resolves that all costs expended by the Village hereunder shall be charged back to the property owner and shall constitute a lien against the premises known as 20 Bayside Avenue, Port Washington, New York, in accordance with the provisions of said Village Code § 144-6.

 

B.      Village Street Repair

 

On motion of Trustee Haagenson, seconded by Trustee Peckelis, it was unanimously RESOLVED to perform crack sealing and pothole repairs on village streets for an amount not to exceed $8,300.00.

 

C.      von Korff-Otto Tree Stump Removal

 

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED to pay Robert Keogh $230.00, based upon receipt of an execution of release from the von Korffs.

 

D.      Bill No 3 of 2013-Increase of Traffic Fines

 

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED to hold a public hearing to consider Bill #3 of 2013, a proposed local law to increase the penalties for vehicle, traffic and parking offenses under Chapter 168 of the village code, at 7:30 p.m., on October 3, 2013at the Village Hall, to be duly noticed by publication and posting.

      E.  Fees and Deposits Applicable to Applications for Re-zoning

 

Upon motion made by Trustee Comer, and seconded by Trustee Haagenson, the Board unanimously RESOLVED as follows:

 

WHEREAS, the Board of Trustees has determined that it is in the best interests of the Village and its residents to require a non-refundable application fee, and appropriate deposits to be applied to expenses incurred by the Village, with respect to applications for re-zoning by or on behalf of owners of real property situated within the Village;

 

WHEREAS, the Board notes that the time and attention required of its staff and of outside consultants, including legal, engineering and environmental consultants, to address re-zoning applications, can be significant, and such fees and deposits are warranted in order to protect the Village and its residents;

 

NOW, THEREFORE, the Board of Trustees of the Village of Baxter Estates, hereby determines that: (i) a non-refundable fee of $500 shall be paid by each applicant to the Board of Trustees seeking a re-zoning with respect to any parcel situated within the Village; (ii) each application relating to a parcel proposed to be rezoned for use as a single family home shall be accompanied by a deposit in an initial amount of $2,000, and each application relating to a parcel proposed to be rezoned for any other use shall be accompanied by a deposit in an initial amount of $5,000, in each case to be applied to costs and expenses incurred by the Village in connection with such application, including, without limitation, fees and expenses associated with legal, engineering, architectural, environmental and other consultants to the Village, as well as publication of legal notices and stenographic transcripts of proceedings; (iii) each such deposit is not intended to establish a cap or limit on the amount of such fees, costs and expenses for which an applicant for re-zoning is responsible; such applicant is responsible for all fees, costs and expenses incurred by the Village in considering such applicant’s application for re-zoning; (iv)  additional deposits may be required if reasonably determined to be necessary and appropriate by the Board of Trustees, and to be paid promptly by the applicant, upon delivery of notice of the requirement of same by the Village Clerk to such applicant; (v) any deposits held by the Village in connection with an application for re-zoning that are not needed with respect to fees, costs and expenses incurred by the Village in connection with such application shall be returned to the applicant after such application has been determined by the Board, and all fees, costs and expenses incurred by the Village in connection therewith have been satisfied.

 

F.  Waiver of Fees Applicable to Subdivision of The Bird House

 

Upon motion made by Trustee Comer, and seconded by Trustee Haagenson, the Board unanimously RESOLVED as follows:

 

WHEREAS, the Board of Trustees of the Village of Baxter Estates, in its capacity as Planning Board of the Village, heard the application for subdivision of the Board of Commissioners of the Port Washington Water Pollution Control District (the “District”), with respect to the premises known as 315 Main Street, Port Washington, New York 11050 (the “Subject Premises”), now owned by the Village, and used as its Village Hall; and

 

WHEREAS, the Village Board approved the subdivision, but never formally acted upon the District’s request that the Village waive the fees and costs otherwise applicable to a subdivision applicant, in light of the District’s status as a sister unit of local government, and the undertaking of the subdivision in order to accomplish the sale to the Village of the Subject Premises; and

 

WHEREAS, the Board of Trustees desires to ratify and confirm such waiver requested by the District, for those reasons;

 

NOW, THEREFORE, the Board of Trustees of the Village of Baxter Estates, in its capacity as Planning Board of the Village, hereby ratifies and confirms the waiver of fees and expenses requested by the District in connection with the previously approved subdivision application of the District relating to the Subject Premises.

 

G.     Bill No 4-Site Plan Review - (Chris P. to do revised)

 

On motion of Trustee Comer, seconded by Trustee Haagenson , it was unanimously RESOLVED to modify Bill No 4, of  2013 as presented by counsel Chris Prior.

 

 

2.                  Old Business

 

A.       17 Shore Road Property Maintenance

 

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED to ratify an additional payment of $25.00, to the estimate previously approved on August 1, for the clean up of the property, bringing the total to $125.00.

 

B.       Bird House parking lot improvement

 

On motion of Trustee Comer, seconded by Trustee Peckelis it was unanimously RESOLVED to ratify an additional payment of $250.00, to the estimate previously approved on August 1, 2013, for additional work

on the rear parking lot of 315 Main Street, bringing the total to $1,420.00.

 

C.  Leaf Removal Contract Additional Fee Adjustment

 

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED to adjust the monies owed to Dom’s Lawnmaker for Leaf Removal 2013 to reflect $250.00 paid to  Rick Oberlander.

 

         3.  Treasurer

 

A.   Abstracts of Vouchers

 

On motion of Trustee Baldwin, seconded by Trustee Peckelis, it was unanimously RESOLVED that the Abstract of Audited Vouchers, dated September 3, 2013, for the General Fund, totaling $68,016.04, be and hereby is approved as prepared by Treasurer Tuck.

 

     B.   BZA refunds of deposits

 

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED to refund unused BZA deposit money, as listed on the abstract.

 

C.      Transfer of Funds

 

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED to transfer $27,509.00 from the Capital Fund to the General Fund.

 

D.      Court Audit

 

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED that the Village engage the services of Skinnon, Faber and Heck to perform an independent audit of the financial affairs of the Village Court for the fiscal period commencing June 1, 2012 and ending May 31, 2013 for a fee not to exceed $750.00.

 

 

There being no further business before the Board, on motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 11:49 PM.

 

 

                                                                               _____________________________

                                                                               Yvonne Whitcomb, Village Clerk