Board of Trustees

Village of Baxter Estates

315 Main Street, Port Washington, New York

December 5, 2013

7:30PM

 

 

Present:          Deputy Mayor Charles Comer

                        Trustee Douglas Baldwin                  

                        Trustee Alice M. Peckelis

                        Trustee Nora Haagenson

            Village Clerk Yvonne Whitcomb

                        Treasurer Laurence Tuck

                        Village Attorney Chris Prior                                      

 

Absent:           Mayor Frederick E. Nicholson 

 

Also present:  Court reporter Jim Gill, David Wasserman, Mike Tedeschi, John Olszewski, Donald Alexander, Bill Dewitt, Lenord Wersan, Brian Waterson, Chris Bollerman, Beverly Reese

 

Public Hearing 7:30PM

 

Deputy Mayor Comer opened the Public Hearing at 7:30PM duly advertised in the November 12, 2013 issue of the Port Washington News, to consider the proposed contract with the Port Washington Fire Department for service from January 1, 2014 through December 31, 2015 at a cost to the Village of $120,070.11.

 

Deputy Mayor Comer thanked the representatives of the Fire Department for  their presentation.

All those present wishing to speak having been heard, Deputy Mayor Comer closed the Public Hearing at 8:00 PM.

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

Regular Meeting 8:02 PM

1.      New Business

A.      Bay Walk Update Trustee Haagenson reported on the Bay Walk meeting held on November 13 at the Town of North Hempstead.  She stated that while improvements would be made to the sidewalks along the shoreline, there was nothing planned for the beach or bulkhead in Baxter Estates.

B.   Port Washington Water Pollution Control District Escrow Refund

On motion of Trustee Baldwin, seconded by Trustee Peckelis, it was unanimously RESOLVED to release the escrow check held on deposit in the amount of $10,000 to the Port Washington Water Pollution Control District securing certain post-closing obligations of the District, with respect to the closing on the Village’s purchase of the Bird House, all of which have been satisfied.

C.       Village Hall Snow Removal

On motion of Trustee Baldwin, seconded by Deputy Mayor Comer, it was unanimously RESOLVED to approve the proposal of Robert Keogh Inc., for snow removal for the Village Hall, 315 Main Street, and village sidewalks bordering Shore Road. (Attached) The Village Hall must be plowed and shoveled prior to 8:45AM on weekdays.

D.    Village Site Plan

At the Board’s request, the Village Attorney prepared and circulated a draft      bill that would require site plan oversight and approval by the Village with respect to certain land development projects in the Village. 

 

Mr. Prior noted that, if the Board desired to conduct a public hearing with respect to the draft bill, then the bill should be introduced by Board resolution, with a determination made with respect to it under the State Environmental Quality Review Act, and that a public hearing be scheduled for the January 2014 meeting. 

 

The Board Members reviewed the proposed language and discussed same with counsel.

 

After discussion, upon motion duly made, seconded and unanimously carried, it was

 

                        RESOLVED, that:

 

1.         The draft bill presented by the Village Attorney to the Board to establish a new Chapter 147 of the Village Code, entitled “Site Plan Review,” in the form presented by the Village Attorney, is hereby introduced as Bill No. 4 of 2013; a public hearing with respect thereto shall be held at the Village Hall on Thursday, January 2, 2014, at 7:30 p.m.; and

 

2.         The Board has considered a short environmental assessment form prepared by the Village Attorney with respect to Bill No. 4 of 2013, and that, based upon that review and recommendation of the Village Attorney, the Village adopts a negative declaration under the State Environmental Quality Review Act with respect to Bill No. 4 of 2013; the Village Clerk and the Village Attorney are hereby authorized to take such actions as are necessary to enable the Village to hold the scheduled public hearing for Bill No. 4, including publication of legal notice and the delivery of notices to all necessary parties, in connection with this proposed zoning-related local law. 

 

2.      Village Clerk

        A.   Minutes

On motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was          unanimously RESOLVED that the reading of the minutes of the October 3, 2013 Meeting of the Board of Trustees be waived and they be and hereby are    approved as presented by Clerk Whitcomb.

Deputy Mayor Comr         Aye
Trustee Peckelis                 Aye 
Trustee Haagenson             Aye
Trustee Baldwin                 Abstained

On motion of Deputy Comer, seconded by Trustee Baldwin, it was RESOLVED that the reading of the minutes of the November 7, 2013 Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk Whitcomb.

Deputy Mayor Comer    Aye
Trustee Peckelis             Aye
Trustee Baldwin             Aye
Trustee Haagenson         Abstained

3.      Old Business

A.      Peckelis-    1 Hilltop Road :

 

 

            Upon motion made by Trustee Comer, and seconded by Trustee Haagenson, the Board members voting (Trustee Peckelis having recused herself), unanimously RESOLVED as follows:

 

            WHEREAS, the Board of Trustees adopted a resolution on August 7, 2008 regarding the application of Joseph Peckelis to remove trees at his premises at 1 Hilltop Road in the Village, conditioning the authorization to remove the trees on removal of an in-ground swimming pool in disrepair; and

 

            WHEREAS, the Board has been advised by Village Building Inspector Robert Barbach that the building permits issued by the Village with respect to pending projects at 1 Hilltop have expired, and must be re-instated, but that Mr. Peckelis now proposes to retain all or portions of the in-ground swimming pool required to be removed as a condition to the Board’s August 7, 2008 tree removal resolution; and

 

            WHEREAS, Mr. Peckelis has requested that this Board amend its August 7, 2008 resolution to modify the condition requiring removal of the in-ground swimming pool, to allow portions thereof to remain, in order to stabilize the surrounding earth and prevent interference with the root system of certain trees desired to be retained on the property; and

 

            WHEREAS, the Board finds that the best interests of the property owner, the neighbors and the Village will be served by amending the August 7, 2008 decision, to permit portions of the in-ground swimming pool to be retained on the premises, in accordance with certain plans prepared by Mr. Peckelis, a registered architect, and presented to the Boart at its August 1, 2013 meeting;

 

            NOW, THEREFORE, the Board hereby amends its August 7, 2008 resolution authorizing removal of certain trees at the premises known as 1 Hilltop Road, in order to permit the project as set forth in the drawings prepared by Joseph W. Peckelis, R.A., entitled “Project: existing pool removal Joseph & Alice Peckelis, 1 Hilltop Road, Port Washington, New York 11050”, dated July 21, 2013, with most recent revision date of August 1, 2013 (the “8/1/13 Revised Plans”), to the extent required to permit construction at 1 Hilltop Road to be completed in accordance with the 8/1/13 Revised Plans; provided, however, that the amendment hereby authorized is conditioned upon completion of the project depicted in the 8/1/13 Revised Plans by not later than July 31, 2014.

Deputy Mayor Comer      Aye
Trustee Baldwin               Aye
Trustee Haagenson           Aye
Trustee Peckelis               Abstained

4.      Village Treasurer

A.      Abstract of Vouchers

On motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED that the Audited Vouchers dated December 5, 2013 for the General Fund totaling $ 61,347.97 be and hereby are approved as prepared by Treasurer Tuck. 

B.     Budget Modification

On motion of Trustee Baldwin, Seconded by Trustee Haagenson, it was unanimously RESOLVED to approve the budget modification as presented by Treasurer Tuck and attached to these minutes.

 

There being no further business before the Board, on motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 11:19 PM.

_______________________________                                                                         Yvonne Whitcomb, Village Clerk