Board of Trustees

Village of Baxter Estates

315 Main Street, Port Washington, New York

October 3, 3013

7:30 PM

 

Present:          Mayor Frederick E. Nicholson  

Trustee Charles Comer

                        Trustee Alice M. Peckelis

                        Trustee Nora Haagenson                    

                        Village Attorney Chris Prior

                        Village Clerk Yvonne Whitcomb

            Treasurer Laurence Tuck

 

Absent:           Trustee Douglas Baldwin

      

Also Present:  Court reporter Mary Anne Coppins, Mr. and Mrs. D. Logan, Robert Keogh

 

Regular Meeting 7:30PM

 

Mayor Nicholson opened the meeting.

 

Attorney Chris Prior led attendees in the Pledge of Allegiance.

 

  1. New Business

 

A.      Mr. Logan

 

Mr. Logan, owner of a business on Main Street, addressed the Board requesting that the penalties for paying village taxes late be waived due to the fact that the bill was not received.  Attorney Prior explained that taxes were due regardless of billing and that the village had no discretion over payment of penalties.

 

 

Public Hearing 8:00PM

 

Mayor Nicholson re-opened the Public Hearing, duly advertised in the July 2, 2013 issue of the Port Washington News, to consider Bill No 2 of 2013, a proposed local law to create Chapter 148, “Dealers in Secondhand Merchandise” of the Village Code of the Village of Baxter Estates, to regulate the sale of secondhand merchandise within the Village.

All those present wishing to speak having been heard, Mayor Nicholson closed the Public Hearing at 8:15  PM.

A verbatim transcript of the public hearing is annexed to these minutes.

On motion of Mayor Nicholson, seconded by Trustee Comer, it was unanimously RESOLVED to adjourn the Public Hearing on Bill No. 2, to February 6, 2014, 7:30PM at the Village Hall, 315 Main Street, Port Washington, in order to allow input from the Port Washington Police Department.

Mayor Nicholson opened the Public Hearing to consider Bill No 3 of 2013-Increase of Traffic Fines, a proposed local law to increase the penalties for vehicle, traffic and parking offenses under Chapter 168 of the village code.

All those present wishing to speak having been heard, Mayor Nicholson closed the Public Hearing at 8:40 PM.

A verbatim transcript of the public hearing is annexed to and incorporated into these minutes.

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED Bill No. 3 of 2013 be adopted as Local Law No. 2 of 2013.

 

Local Law Filing                   NEW  YORK STATE DEPARTMENT OF STATE

                                                41 STATE STREET, ALBANY, NY 12231

__________________________________________________________________

 

(Use this form to file a local law with the Secretary of State.)

 

Text of law should be given as amended.  Do not include matter being eliminated and do not use italics or underlining to indicate new matter.

 

County                                  

City                                                                            

Town of                                                                        

Village           Baxter Estates

                                                                                   

                                   

                        Local Law   2   of the year    2013 

 

               (Insert Title)

 

                        A local law to increase the penalties for vehicle, traffic and
parking offenses under Chapter 168 of the Village Code

 

 Be it enacted by the  Board of Trustees of the

                                (Name of Legislative Body)

 

County

City                                                                                        

Town  

Village           of Baxter Estates

 

 

Section 1.   Section 168-41, “Penalties for offenses,” of Chapter 168, “Vehicles and Traffic,” of the Village Code of the Village of Baxter Estates, is hereby amended to read in its entirety as follows:

Ҥ 168-41. Penalties for offenses.

A.    Every person convicted of a traffic infraction or violation of any provision of this Chapter that is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall be punishable by a fine not exceeding $750.00 or imprisonment for not more than 15 days, or by both such fine and imprisonment.

B.  Each day that a violation of any Village parking regulation that is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall continue shall be deemed a separate and distinct offense.”     

Section 2.  Severability.  If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstances is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 3.       This local law will take effect immediately upon filing with the Secretary of State.


 

 

(Complete the certification in the paragraph that applies to the filing of

this local law and strike out that which is not applicable.)

 

 

1.        (Final adoption by local legislative body only.)

 

I hereby certify that the local law annexed hereto, designated as local law No.  2  of   2013   of the Village of Baxter Estates was duly passed by the Board of Trustees on  October 3, 2013, in accordance with the applicable provisions of law.

 

2.        (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer.)

I hereby certify that the local law annexed hereto, designated as local law No.        of            of the (County)(City)(Town)(Village) of _______________________________ was duly passed by the __________________________________________________

                                                                                   (Name of Legislative body)

on _____ 20_____, and was (approved)(not approved) (re-passed after disapproval) by the _______________________________________________ and was deemed duly  

(Elective Chief Executive Officer1)

adopted on ___________ 20_____, in accordance with the applicable provisions of law.

 

3.        (Final adoption by referendum.)

I hereby certify that the local law annexed hereto, designated as local law No. _________ of 20____ of the (County)(City)(Town)(Village)of______________________ was duly passed by the ____________________________________________ (Name of Legislative Body)   on ____________ 20____ and was (approved)(not approved) (re-passed after disapproval) by the ___________________________________ on ________ 20__.

 (Elective Chief Executive Officer1)

Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on ___________20___, in accordance with the applicable provisions of law.

 

4.        (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)

I hereby certify that the local law annexed hereto, designated as local law No. ________ of 20_____ of the (County)(City)(Town)(Village) of ____________________________

was duly passed by the _________________________________________________

                                                                                  (Name of Legislative Body)

on _____________ 20____, and was (approved)(not approved) (re-passed after disapproval) by the ______________________________________________________

                                                (Elective Chief Executive Officer1)

on ____________________ 20 _______.  Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of __________ 20_____, in accordance with the applicable provisions of law.

 

[1] Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.

 

5.        (City local law concerning Charter revision proposed by petition.)

I hereby certify that the local law annexed hereto, designated as local law No. __________ of 20__ of the City of ___________________ having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on ________________ 20______, became operative.

 

6.        (County local law concerning adoption of Charter.)

I hereby certify that the local law annexed hereto, designated as local law No. ______ of 20_____ of the County of _____________________ State of New York, having been submitted to the electors at the General Election of November _____ 20____, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative.

(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)

 

I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph   1  , above.

                                                                        _______________________________________

                                                                        Clerk of the Incorporated Village of Baxter Estates

 

 

 

                                                                        Date: __________________

 

(Seal)

 

Regular Meeting  8:45 PM

  1.  Village Clerk

A.      Minutes

On motion of Trustee Baldwin and Trustee Peckelis, it was RESOLVED that the reading of the minutes of the September 3, 2013 Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk Whitcomb.

Mayor Nicholson              Abstained
Trustee Comer                   Aye
Trustee Peckelis                Aye
Trustee Haagenson            Aye

 

         3.  Treasurer

 

A.   Abstracts of Vouchers

 

On motion of Trustee Haagenson, seconded by Trustee Peckelis, it was unanimously RESOLVED that the Abstract of Audited Vouchers, dated October 3, 2013, for the General Fund, totaling $ 53,979.19, be and hereby is approved as prepared by Treasurer Tuck.

 

  1.  New Business (Continued)

 

B.   Village Hall Emergency Generator

 

The Board discussed the purchase proposals for an emergency generator to supply power to the Village Hall in the event of a power outage.

 

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that the matter be addressed in the Budget Planning Session in 2014.

 

C.     Village Hall Tree Trimming

 

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that Frank Hefferin, as low bidder, be awarded the job of trimming two trees along the Village Hall driveway for a sum of $750.00.

 

D.    Village Hall Driveway Repair and Catch Basin

 

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that Robert Keogh, as low bidder, be awarded the job of repairing the driveway and catch basin for a sum of $680.00.

 

E.     Village Street Repair

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that Robert Keogh, as low bidder, be awarded the job of reconstruction of village streets for the sum of $8,286.00.

 

F.      Village Hall Fence and Retaining Wall Repair

 

Permission has been granted by the Port Washington Athletic league and the Port Washington Water Pollution Control Board to install a new retaining wall and fence in the easement between the PAL field and the Village Hall property, as indicated on the attached document.

 

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that Robert Keogh be awarded the job of construction of a new timber wall and installation of new fencing to be provided by the Port Washington Water Pollution Control Board for a sum of $3,000.00.

 

 

G.    Village Lighting Contract

 

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that Albertson Electric be awarded  Lighting Maintenance Contract  for $225.00 per month for a trial period of 6 months.

 

H.    Lease-Nina Cohen

 

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED to confirm and ratify the attached two year lease with Nina Cohen for the period to October 12, 2014, for the monthly rent of $700.00. 

 

I.       Lease-Harry Nicolaides-N2Design

 

On motion of  Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED to confirm and ratify the attached two year lease for the period January 1, 2013 to December 31, 2014 with Harry Nicolaides for the monthly rent of $1,000.00.

 

J.       Village Clerk Whitcomb reported on the bids received on September 4, 2013                            for the 2013, 2014 and 2015 Leaf Removal Contract.

            K. Awarding Leaf Removal Contract for 2013

 

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

            WHEREAS, the Board of Trustees has considered bids submitted by contractors responding to the Village’s solicitation of bids for leaf removal in the Village from Village streets for 2013, or 2013 and 2014, or 2013 through 2015

 

            WHEREAS, the members of the Board have analyzed the proposals and interviewed representatives of the prospective contractors who have submitted bids; and

 

            WHEREAS, the Board is concerned that certain equipment proposed to be used by bidder Creative Landscaping is shared with the contractor utilized by the Village for the 2012 leaf removal contract, whose service was deemed inadequate by the Board of Trustees, such that continuing disputes as to payment to that contractor remain unresolved; and

 

            WHEREAS, the Board has determined that the best interests of the Village and its residents will be served by awarding the annual leaf removal contract for a one year period to the sole other bidder, Robert Keogh Inc.

 

      NOW, THEREFORE, the Board of Trustees of the Village hereby awards the leaf removal contract, for a one year period from October 28, 2013  to December 6, 2013 to Robert Keogh Inc., based upon the bids submitted by Robert Keogh Inc. to the Village, in the amount of $25,000, conditioned upon production by Keogh of all requisite bonds and insurance.

 

5.   Old Business

 

  1.   PWM OEM-DASNY $100,000.00 Grant

 

         INSERT TO MINUTES OF

MEETING OF BOARD OF TRUSTEES

OF THE VILLAGE OF BAXTER ESTATES

 

            Approval of Form of Grant Disbursement Agreement relating to

            DASNY Economic Development Assistance Program

(EDAP) $100,000 Grant for Purchase of Equipment for
Port Washington/Manhasset Office of Emergency Management

 

 

            WHEREAS, the Board of Trustees previously authorized the Village to enter into an intermunicipal agreement dated as of September 9, 2008, with several other local governmental units on the Port Washington peninsula, which has been amended by a Final Amendment thereto, dated as of December  2009, and a Second Amendment thereto, also dated as of December  2009 (as so amended, the “PW-M OEM IMA”), under which the parties thereto established the Port Washington-Manhasset Office of Emergency Management (the “PW-M OEM”); and

 

            WHEREAS, the Village presently serves, pursuant to the PW-M OEM IMA, as Sponsoring Municipality for the PW-M OEM, in which capacity the Village has applied to the New York State Dormitory Authority (“DASNY”) for a grant under the DASNY Economic Development Assistance Program (“EDAP”); and

 

           WHEREAS, the Village has been advised by DASNY that a grant in the amount of $100,000 for the purchase of equipment for the PW-M OEM has been approved under said program; and

 

           WHEREAS, in connection with such approved grant, DASNY has submitted to the Village its Grant Disbursement Agreement, to be executed and returned by the Village, as Sponsoring Municipality for the PW-M OEM, to DASNY, together with accompanying documentation, including opinion of counsel and project budget; and

 

           WHEREAS, the Board desires to ratify and confirm its intention to authorize, effective as of September 9, 2013, the authority of the Village, as Sponsoring Municipality for the PW-M OEM, to execute, deliver and perform the Grant Disbursement Agreement, and the execution of same by Mayor Nicholson;

 

NOW, THEREFORE, it is hereby

 

RESOLVED, that the Board of Trustees does hereby ratify and confirm the following authority, as of September 9, 2013: 

 

(a)        the Village be, and it hereby is, authorized to enter into and perform the DASNY Grant Disbursement Agreement, in the form presented to the Village by DASNY, as reviewed and approved by the Village Attorney, with such changes thereto as may be deemed acceptable to the Village Attorney; and

 

(b)   that the Mayor be, and he hereby is, authorized to execute and    deliver said Agreement in the name and on behalf of the Village; and

 

(c)    that any and all proceeds of said grant delivered to the Village shall be applied for the permitted purposes of said grant, and held by the Village in an account or accounts separate and apart from Village accounts for the deposit of Village funds.

 

On motion of Trustee Comer, seconded by Trustee Peckelis it was unanimously

RESOLVED to adopt  the aforesaid agreement.

 

          

Executive Session: 11:30PM

 

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.