Board of Trustees Meeting
Village of Baxter Estates
315 Main Street, Port Washington, New York
August 6, 2015
7:30PM

 

 

 

Present:          Mayor Nora Haagenson

                        Deputy Mayor Charles Comer                       
                        Trustee Alice M. Peckelis

Trustee Doug Baldwin

Trustee Chris Ficalora
            Village Clerk Yvonne Whitcomb
            Treasurer Laurence Tuck
            Village Attorney Chris Prior

 

Also present:   Court Reporter Evelyn Klein

 

Regular Meeting  7:30 PM

 

Public Hearing Bill No. 3 of 2015  7:30 PM

 

Mayor Nora Haagenson re-opened the Public Hearing duly advertised in the June 17, 2015 issue of the Port Washington News to consider Bill No. 3 of 2015, a proposed Local Law to Increase Penalties for Violation of certain provisions of the Village Code, including, without limitation, provisions of Chapter 168, "Vehicles and Traffic" and Chapter 175, "Zoning".

 

Close Public Hearing 7:40 PM

 

All those present wishing to speak having been heard, on motion of  Deputy Mayor Comer, seconded by Trustee Ficalora, it was unanimously RESOLVED to close the public hearing on Bill No. 3.

 

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

 

Enactment of Bill No. 3 of 2015 as Local Law No. 2 of 2015

 

On motion of Deputy Mayor Comer, seconded by Trustee Baldwin, Bill No. 3 of 2015 was unanimously adopted as Local Law 2 of 2015.

 

Public Hearing Bill No. 4 of 2015   7:42 PM

 

Mayor Nora Haagenson opened the Public Hearing duly advertised in the July 29, 2015 issue of the Port Washington News to consider Bill No. 4 of 2015, a proposed Local Law to amend the Zoning Code to correct a typographical error regarding the time when a variance is granted lapses.

 

Adjourn  Public Hearing 7:45 PM

 

All those present wishing to speak having been heard, on motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to adjourn the public hearing on Bill No. 4 to 7:30PM on September 3, 2015 at the Village Hall.


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

 

Public Hearing Bill No. 5 of 2015  7:47 PM

 

Mayor Nora Haagenson opened the Public Hearing duly advertised in the July 29, 2015 issue of the Port Washington News to consider Bill No. 5 of 2015, a proposed Local Law to amend Chapter 118, “Historic Preservation”, to establish certain acts or omissions with regard to properties or structures designated under said Chapter as violations thereof.

 

Adjourn Public Hearing 7:52 PM

 

All those present wishing to speak having been heard, on motion of Deputy Mayor Comer, seconded by Trustee Ficalora, it was unanimously RESOLVED to adjourn the public hearing on Bill No. 5 to 7:30PM on September 3, 2015 at the Village Hall.

 

Public Hearing Bill No. 6 of 2015  8:00 PM

 

Mayor Nora Haagenson opened the Public Hearing duly advertised in the July 29, 2015 issue of the Port Washington News to consider Bill No. 6 of 2015, a proposed Local Law to create Chapter 24, “Filming”, to establish rules and procedure for obtaining permits for filming within the village.

 

Adjourn Public Hearing 8:10 PM

 

All those present wishing to speak having been heard, on motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to adjourn the public hearing on Bill No. 6 to 7:30PM on September 3, 2015 at the Village Hall.

 

Regular Meeting 8:15 PM

 

1.        Mayor Haagenson

 

A.     PSEG

 

Mayor Haagenson informed the Board that she met with representatives (Caisy Meyers and Joanna Weissman) of  PSEG on July 22, 2015.  PSEG will be inspecting poles and wires in the village in the coming months as a preventative measure to prevent future storm damage. PSEG will be invited to a public meeting to inform residents of the work planned.

 

B.     Meeting with Senator Jack  M. Martins

 

Mayor Haagenson  reported to the Board that she  met with  New York State Senator Jack Martins  to discuss various grant applications for the Village of Baxter Estates, including the possibility of  a grant for a generator, painting of  the Village Hall and   ductless air conditioning will be applied for . 

 

C.     Meeting with Legislator Delia DeRiggi-Whitton

 

Mayor Haagenson informed the Board that she met with Legislator DeRiggi-Whitton,  Jennifer Wilson-Pines, and Sarah Deonarine on July 7, 2015. Legislator DeRiggi-Whitton will work to get Nassau County to apply to the Army Corp. of  Engineers for a study of  Baxter Beach erosion.

D. Court will be held every other  month starting August 2015.

 

E.     James Antonelli with Sidney B. Bowne & Son,  LLP presented a proposal to the Board for   Condition Assessment and Pavement Management .  The Board is requesting more information.

 

F.   Nina Cohen Lease. The Board directed Village Attorney Chris Prior to prepare a revised Lease to reflect changes proposed for year 2016.

 

2.      LOSAP (PWFD Length of Service Award Program)

 

RESOLUTION

Deputy Mayor Comer offered the following resolution and moved its adoption, which resolution was declared adopted after a poll of the members of this Board:

A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERMUNICIPAL AGREEMENT WITH THE TOWN OF NORTH HEMPSTEAD, THE INCORPORATED VILLAGES OF SANDS POINT, FLOWER HILL, PORT WASHINGTON NORTH, MANORHAVEN AND PLANDOME MANOR TO FORM A JOINT MUNICIPAL SPONSORING BOARD FOR THE PORT WASHINGTON FIRE DEPARTMENT’S LENGTH OF SERVICE AWARD PROGRAM.

WHEREAS, pursuant to Article 8, Sections 1 and 2-a of the New York State Constitution, as effectuated by General Municipal Law §§ 119-n and 119-o, the Incorporated Village of Baxter Estates (the “Village”) is authorized to enter into cooperative service agreements with municipal corporations (“Intermunicipal Agreement”); and

WHEREAS, the Town of North Hempstead, the Incorporated Village of Sands Point, the Incorporated Village of Flower Hill, the Incorporated Village of Port Washington North, the Incorporated Village of Baxter Estates, the Incorporated Village of Manorhaven, and the Incorporated Village of Plandome Manor, all in the County of Nassau, State of New York (the “Municipalities”), have engaged in discussions contemplating the formation of a municipal sponsoring board (“Joint Sponsoring Board”) for the purpose of administering an existing Defined Benefit Length of Service Award Program (the “LOSAP”) for volunteer firefighters (“Members”) of the Port Washington Fire Department (the “Fire Department”); and

WHEREAS, the Municipalities desire to establish, pursuant to the provisions of General Municipal Law §216-a(3), a Joint Sponsoring Board; and

WHEREAS, this Intermunicipal Agreement will be presented to the governing boards of each of the Municipalities for the purpose of consideration and approval; and

WHEREAS, this Intermunicipal Agreement shall not take effect unless and until it is approved by each of the Municipalities and the establishment of the Joint Sponsoring  Board is approved by public referendum as required by law; and

WHEREAS, this Board wishes to enter into the Intermunicipal Agreement with the Municipalities.

NOW, THEREFORE, BE IT

RESOLVED that the Mayor be and she is authorized and directed to execute an Intermunicipal Agreement with the Municipalities to establish a Joint Sponsoring Board for the purpose of administering the LOSAP for the benefit of the Members of the Fire Department; and be it further

RESOLVED that the Village Attorney be, and hereby is, authorized and directed to negotiate and oversee the preparation and execution of the Intermunicipal Agreement, a copy of which will be filed with the Village Clerk.

The vote on the foregoing resolution was recorded as follows:

 

AYES:            Haagenson; Comer; Peckelis; Baldwin; Ficalora

 

NAYS:            None

 

 

Trustee Baldwin offered the following resolution and moved its adoption, which resolution was declared adopted after a poll of the members of this Board:

A RESOLUTION CALLING FOR A REFERENDUM ON SEPTEMBER 16, 2015 TO CONSIDER THE PROPOSED JOINT SPONSORSHIP OF THE PORT WASHINGTON FIRE DEPARTMENT’S LENGTH OF SERVICE AWARD PROGRAM. 

 

WHEREAS, the Village Board has approved a certain Intermunicipal Agreement in connection with the proposed establishment, pursuant to the provisions of General Municipal Law §216-a(3), of a joint municipal sponsoring board to jointly sponsor an existing Defined Benefit Length of Service Award Program (the “LOSAP”) for volunteer firefighters (“Members”) of the Port Washington Fire Department (the “Fire Department”); and

WHEREAS, the Mayor has been authorized to execute said Intermunicipal Agreement; and

WHEREAS, General Municipal Law §216-a(4) provides that a proposition authorizing the Incorporated Village of Baxter Estates to jointly sponsor the LOSAP shall be submitted to public referendum not less than 30 days and not more than 90 days after this Board has voted to approve such Intermunicipal Agreement; and

WHEREAS, this Village, in accordance with the Village Law and the Election Law, wishes to now schedule the required referendum.

NOW, THEREFORE, BE IT

RESOLVED that a special election be held on September 16, 2015; and be it further

RESOLVED that the polls shall remain open for said special election from 1:00 PM to 9:00 PM and that the voting place shall be at the Village Hall, located at 315 Main Street, Port Washington, New York; and be it further

RESOLVED that the Mayor shall designate not less than two nor more than four qualified persons to serve as election inspectors and ballot clerks, each of whom shall be a qualified elector and shall serve without compensation, and shall notify the Village Clerk of such designation; and be it further

RESOLVED that the proposition to be voted upon shall be in a form substantially similar to the following:

NOTICE OF REFERENDUM FOR PORT

WASHINGTON FIRE PROTECTION DISTRICT

 

NOTICE IS HEREBY GIVEN that a Referendum of the qualified voters in the Incorporated Village of Baxter Estates, in the Town of North Hempstead, County of Nassau, State of New York shall be held at the Village Hall, located at 315 Main Street, Port Washington, New York on September 16, 2015 between the hours of 1:00 P.M. and 9:00 P.M. for the purpose of considering the establishment of a joint sponsoring board for the Port Washington Fire Department.

The proposition shall be substantially in the following form:

 

PROPOSITION

SHALL the resolution of the Village Board of the Incorporated Village of Baxter Estates, adopted August 6, 2015, pursuant to Article 11-A of the General Municipal Law of the State of New York, to jointly sponsor an existing defined benefit Length of Service Award Program for participating members of the Port Washington Fire Department, effective January 1, 2016, be approved?

 

THE JOINT SPONSORING BOARD WILL ADMINISTER THE EXISTING LENGTH OF SERVICE AWARD PROGRAM, WHICH PROVIDES THAT ELIGIBLE PROGRAM PARTICIPANTS SHALL BE PAID, GENERALLY BEGINNING AT AGE SIXTY FIVE (65), MONTHLY SERVICE AWARD PAYMENTS OF $20 FOR EACH YEAR OF CREDITED PORT WASHINGTON FIRE DEPARTMENT VOLUNTEER FIREFIGHTER SERVICE, NOT TO EXCEED FORTY (40) YEARS; AND THAT THE MAXIMUM MONTHLY SERVICE AWARD PAYMENT IS $800.  IMPLEMENTATION OF THE JOINT SPONSORING BOARD WILL NOT CHANGE PROGRAM COSTS.

 

and be it further

 

RESOLVED, that the Mayor shall ensure the election upon said proposition shall be conducted pursuant to pertinent sections of Village Law and the Election Law; and be it further

RESOLVED, that the Village Clerk is authorized to take such other steps as may be reasonable and necessary to conduct the special election; and be it further

RESOLVED that the Village Treasurer be and hereby is authorized and directed to pay the costs associated with holding the special election; and be it further

RESOLVED, that the provisions of this resolution shall take effect immediately.

 

The vote on the foregoing resolution was recorded as follows:

 

AYES:            Haagenson; Comer; Peckelis; Baldwin; Ficalora

 

NAYS:            None

 

 

Deputy Mayor Comer offered the following resolution and moved its adoption, which resolution was declared adopted after a poll of the members of this Board:

A RESOLUTION AUTHORIZING AMENDMENTS TO THE DEFINED BENEFIT FIRE SERVICE AWARD PROGRAM FOR THE PORT WASHINGTON FIRE DEPARTMENT AND CALLING FOR A REFERENDUM ON SEPTEMBER 16, 2015, AND DIRECTING PUBLICATION OF NOTICES IN CONNECTION THEREWITH.

 

WHEREAS, Article 11-A of the General Municipal Law was enacted to aid in the recruitment and retention of volunteer firefighters by permitting the establishment of a Service Award Program upon approval by the governing boards of the political subdivisions which contract with the volunteer fire department and by the eligible voters in the fire protection district after public referendum; and

WHEREAS, at special elections heretofore held, qualified voters of the Port Washington Fire Protection District (the “District”), pursuant to General Municipal Law §216, approved the establishment of a Defined Benefit Length of Service Award Program (the “LOSAP”) for volunteer firefighters (“Members”) of the Port Washington Fire Department (the “Fire Department”) as described in Section 219 of the General Municipal Law; and

WHEREAS, the Incorporated Village of Baxter Estates (the “Village”) contracts with the Fire Department for the provision of services in the unincorporated areas of the District; and

WHEREAS, following a review of the LOSAP by the Equal Employment Opportunity Commission (the “EEOC”), the EEOC determined that a provision in the LOSAP related to entitlement age was discriminatory under the Age Discrimination in Employment Act of 1967; and

WHEREAS, although the Village disagrees with the EEOC’s determination, in order to avoid the costs and uncertainty of litigation, the Village has concluded that an amendment to the LOSAP is in the best interests of the Village and its residents; and  

WHEREAS, the EEOC requires that retroactive benefits be paid to members of the Fire Department who were not awarded benefits as a result of the cap on entitlement age, but who otherwise would have been awarded such credit (the “Retroactive Payment”); and   

WHEREAS, in furtherance of a comprehensive settlement, the Fire Department has agreed to pay the Retroactive Payment; and

WHEREAS, the Village Board wishes to authorize amendments to the LOSAP for the benefit of members of the Fire Department, and to authorize a public referendum with respect thereto; and

WHEREAS, the Village Board proposes to amend the LOSAP, effective January 1, 2016, to allow any eligible member of the Fire Department who reaches the age of sixty five (65) to earn credit toward the forty (40) year service maximum (the “Amendment”); and

WHEREAS, as a result of the Amendment, the cost increase to the Village will be approximately $1,980.00 per year; and

WHEREAS, pursuant to the applicable provisions of law, such amendment requires the approval of the governing bodies of the other political subdivisions which contract with the Fire Department for fire protection services, and approval from the qualified electors of the Village, the Town of North Hempstead, and such subdivisions of the Town at a referendum before such amendment may take effect; and

WHEREAS, members of the Village Board, believes it to be in the best interest and safety of the Village’s residents to authorize adoption of the Amendment, and wish to approve the Amendment, subject to approval by qualified voters of the Village pursuant to a mandatory referendum pursuant to General Municipal Law §216(3)(d).

NOW, THEREFORE, BE IT

RESOLVED, that this Village hereby approves the Amendment to the LOSAP as set forth herein for the Fire Department; and be it further

RESOLVED, that a referendum of the eligible voters in the Incorporated Village of Baxter Estates, County of Nassau, State of New York, shall be held at the Village Hall, located at 315 Main Street, Port Washington, New York, on September 16, 2015 between the hours of 1:00 PM and 9:00 PM.  The vote upon the proposition to be submitted to the qualified voters shall be by voting machine or ballot box and the Village Clerk is hereby authorized and directed to have the necessary equipment prepared for use; and be it further

RESOLVED that the Mayor shall designate not less than two nor more than four qualified persons to serve as election inspectors and ballot clerks, each of whom shall be a qualified elector and shall serve without compensation, and shall notify the Village Clerk of such designation; and be it further

RESOLVED that notice of said Referendum shall be given by causing a notice in substantially the form prescribed by the General Municipal Law to be published as required by law; and be it further

RESOLVED that the Village shall pay for the costs of the election as it relates to the referendum held within the Village; and shall furnish the Inspectors of Election, at its own expense, with all the necessary registration books, papers, equipment and supplies.

 

NOTICE OF REFERENDUM FOR PORT

WASHINGTON FIRE PROTECTION DISTRICT

 

NOTICE IS HEREBY GIVEN that a Referendum of the qualified voters in the Incorporated Village of Baxter Estates, in the Town of North Hempstead, County of Nassau, State of New York shall be held at the Village Hall located at 315 Main Street, Port Washington, New York on September 16, 2015 between the hours of 1:00 P.M. and 9:00 P.M. for the purpose of voting upon the amendment of a previously established Service Award Program under Article 11A of the General Municipal Law.

The proposition shall be substantially in the following form:

 

PROPOSITION

SHALL the Length of Service Award Program for the Port Washington Fire Department be amended, effective January 1, 2016?

 

AMENDMENT OF THE DEFINED BENEFIT LENGTH OF SERVICE AWARD PROGRAM FOR THE PORT WASHINGTON FIRE DEPARTMENT WILL ALLOW ELIGIBLE PROGRAM PARTICIPANTS WHO CONTINUE IN ACTIVE SERVICE AFTER REACHING THE ENTITLEMENT AGE OF SIXTY FIVE (65) TO ACCRUE PROGRAM POINTS AND RECEIVE A PROGRAM BENEFIT FOR A PERIOD NOT TO EXCEED FORTY (40) YEARS; SAID AMENDMENT SHALL INCREASE THE ESTIMATED ANNUAL COST BY APPROXIMATELY $66,000 PER YEAR, AND THEREBY INCREASE THE ANNUAL PRO RATA SHARE PAID BY THE VILLAGE OF BAXTER ESTATES APPROXIMATELY $1,980.00 FROM THE CURRENT APPROXIMATE COST OF $14,361.12; SUCH TOTAL COST TO BE APPROXIMATELY $1.273 PER ELIGIBLE PARTICIPANT; THE MONTHLY SERVICE AWARD PAYMENT WILL BE MAINTAINED AT $20 FOR EACH YEAR OF CREDITED PORT WASHINGTON FIRE DEPARTMENT VOLUNTEER FIREFIGHTER SERVICE; AND THE MAXIMUM MONTHLY AWARD PER ELIGIBLE PARTICIPANTS SHALL BE MAINTAINED AT $800 PER MONTH.  A PARTICIPANT MUST SERVE AT LEAST FIVE (5) YEARS WITH THE DEPARTMENT TO VEST.    

 

 

RESOLVED, that the Village Clerk is authorized to take such other steps as may be reasonable and necessary to conduct the referendum; and be it further

RESOLVED that the Village Treasurer be and hereby is authorized and directed to pay the costs associated with holding the referendum; and be it further

 

            The vote on the foregoing resolution was recorded as follows:

 

AYES:                        Haagenson; Comer; Peckelis; Baldwin; Ficalora

 

NAYS:                        None

 

3.       Village Clerk

 

A.    Minutes

On motion of Deputy Mayor Comer, seconded by Trustee Peckelis, it was RESOLVED that the reading of the minutes of the July 8, 2015 Meeting of the Board of Trustees be waived and they be and hereby are approved with corrections as presented by Clerk Whitcomb.

 

Mayor Haagenson             Aye    

Deputy Mayor Comer       Aye

Trustee Peckelis                Aye

Trustee Ficalora                 Aye

Trustee Baldwin                Abstained

 

4.      Village Treasurer

 

A.    Abstract of Vouchers

 

On motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the Audited Vouchers dated August 6, 2015 for the General Fund totaling $43,487.03 be and hereby are approved as prepared by Treasurer Tuck.

 

5.      Fee for Adjourned Board of Zoning and Appeals Hearing

 

The Board members discussed the need to ensure that land use applicants who are responsible for reimbursing the Village for certain fees incurred by the Village in connection with their applications make deposits in appropriate amounts and at appropriate times to minimize the possibility that the Village incurs significant such expenses when applicant deposits are not yet available.

 

After discussion, upon motion duly made by Trustee Baldwin, seconded by Trustee Peckelis and unanimously carried, it was

 

                RESOLVED, that:

 

1.                  Pursuant to Village Code § 175-83, the Board hereby amends its Rules and Regulations concerning Fees and Deposits (the “Fees and Deposit Rules”), as set forth below.

 

2.                  Section B.2 of the Fees and Deposit Rules is hereby amended by adding a new sentence to the end thereof, to read in its entirety as follows:  “Notwithstanding the foregoing, with respect to each application for which a public hearing is required, in the event that said public hearing is adjourned to a second or subsequent session, the applicant shall make an additional deposit, which must be received prior to the re-opening of the adjourned public hearing, in an amount equal to the sum of (i) all amounts incurred by the Village with respect to such application for which the applicant is responsible that exceed all deposits previously made by such applicant for such application, plus (ii) $1,000; provided, however, that the BZA Chairperson may waive the requirement for the additional $1,000, in the Chairperson’s reasonable discretion.”

 

3.                  Section C of the Fees and Deposit Rules is hereby amended by adding a new sentence to the end thereof, to read in its entirety as follows:  “Notwithstanding the foregoing, with respect to each application for which a public hearing is required, in the event that said public hearing is adjourned to a second or subsequent session, the applicant shall make an additional deposit, which must be received prior to the re-opening of the adjourned public hearing, in an amount equal to the sum of (i) all amounts incurred by the Village with respect to such application for which the applicant is responsible that exceed all deposits previously made by such applicant for such application, plus (ii) $1,000; provided, however, that the Planning Board Chairperson may waive the requirement for the additional $1,000, in the Chairperson’s reasonable discretion..” 

 

                 

 

Executive Session

11:45 PM the Board entered into Executive Session to discuss personnel matters.

 

At 12:25 AM, Mayor Haagenson stated that Executive Session had concluded and that no action had been taken.

 

There being no further business before the Board, on motion of Deputy Mayor Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 12:25 AM.