Board of Trustees Meeting
Village of Baxter Estates
315 Main Street, Port Washington, New York
September 3, 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, Jeffrey Clark, Cablevision Representative

 

Public Hearing 7:30PM

 

Mayor Nora Haagenson opened the Public Hearing duly advertised in the August 14, 2015 issue of the Port Washington News to consider application of Cablevision Systems Long Island Corporation, 1111 Stewart Avenue, Bethpage, New York, for renewal of its cable television franchise with the Village of Baxter Estates.

 

Close Public Hearing 7:40PM

 

All those present wishing to speak having been heard, on motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to close the public hearing.


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

 

Re-open Public Hearing 7:42PM

 

Mayor Nora Haagenson re-opened the Public Hearing adjourned from August 6, 2015,  duly advertised in the July 20, 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.

 

Close Public Hearing 7:46PM

 

All those present wishing to speak having been heard, on motion of Deputy Mayor Comer, seconded by Deputy Mayor Comer, it was unanimously RESOLVED to close the public hearing.


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

 

Re-open Public Hearing 7:48PM

Mayor Nora Haagenson re-opened the Public Hearing adjourned from August 6, 2015, duly advertised in the July 20, 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 7:52PM

 

All those present wishing to speak having been heard, on motion of Deputy Mayor Comer, seconded by Deputy Mayor Comer, it was unanimously RESOLVED to adjourn the public hearing to October 1, 2015 at 7:30PM.


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

 

Re-open Public Hearing 7:56PM

 

Mayor Nora Haagenson re-opened the Public Hearing adjourned from August 6, 2015, duly advertised in the July 20, 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.

 

Close Public Hearing 7:58PM

 

All those present wishing to speak having been heard, on motion of Deputy Mayor Comer, seconded by Deputy Mayor Comer, it was unanimously RESOLVED to close the public hearing.


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

 

Regular Meeting 8:00PM

 

1.      Local Law 3 of 2015

 

On motion of Deputy Mayor Comer, seconded by Trustee Baldwin, Bill No. 4 of 2015 was unanimously adopted as Local Law 3 of 2015.

 

2.      Local Law 4 of 2015

 

On motion of Deputy Mayor Comer, seconded by Trustee Ficalora, Bill No. 6 of 2015 was unanimously adopted as Local Law 4 of 2015.

 

3.      Cablevision Franchise Agreement Renewal

 

On motion of Deputy Mayor Comer, seconded by Trustee Ficalora, it was unanimously RESOLVED  that the Cablevision Franchise Agreement in the form presented to the Board by Cablevision be, and is hereby approved with such changes thereto as are acceptable to the Village Attorney.

 

4.      Annual Snow Removal

5.      On motion Trustee Baldwin, seconded by Deputy Mayor Comer, the Board unanimously RESOLVED to authorize the Village Clerk to solicit bids through the competitive bidding process for the annual snow removal contract to be awarded October 1, 2015, and to consult with the Village Attorney with respect thereto.

 

    5.      Lease Renewal; Dr. Nina Cohen

 

On motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to ratify and enter into a two year renewal of her lease from October 1, 2015 to September 30, 2017, in the form presented by Attorney Prior.  (Annexed hereto)

 

  1. Custom Touch

 

On motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to pay the balance of  $5,675 to Custom Touch for the painting of the exterior of

 the Village Hall, subject to approval of the painting by Mayor Haagenson.

 

  1. NCVOA Journal Advertisement

 

On motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to place a quarter page color advertisement in the Journal of the Nassau County Village Officials Association Journal for the sum of $225.00.

 

  1. Filming Fees

 

On  motion of  Trustee Baldwin seconded  by  Trustee Peckelis it was unanimously RESOLVED to establish fees for filming at $1,000.00 for the first day and $750.00 each subsequent day of filming.

 

  1. Village Clerk

 

A.    Minutes

On motion of On motion of Deputy Mayor Comer, seconded by Trustee Ficalora, it was RESOLVED that the reading of the minutes of the August 6, 2015 Meeting of the Board of Trustees be waived and they be and hereby are approved with corrections as presented by Clerk Whitcomb.

 

  1. Village Treasurer

 

A.    Abstract of Vouchers

 

On motion of Trustee Ficalora, seconded by Trustee Baldwin, it was unanimously RESOLVED that the Audited Vouchers dated September 3, 2015 for the General Fund totaling $45,681.08

 be and hereby are approved as prepared by Treasurer Tuck.

 

B.      Management  Representation Letter

 

The Board reviewed and discussed the management representation letter to be sent to the outside auditor and

On motion of Trustee Ficalora, seconded by Deputy Mayor Comer, it was unanimously RESOLVED to approve the letter and the Treasurer was directed to sign the letter  and send it to  Skinnon & Faber. CPA'S, PC.

 

C.     Skinnon & Faber  Village Court Audit


On motion of Trustee Ficalora, seconded by Deputy Mayor Comer, it was unanimously RESOLVED that the Village engage the services of Skinnon &  Faber  to perform an independent audit of the financial affairs of the Village Court for the fiscal period commencing September 1, 2014 and ending  August 31, 2015 for a fee not to exceed $850.00.

 

D. Resolution Writing off Receivables as Uncollectible

           

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

RESOLVED, that:

WHEREAS, the Board has reviewed with the Village Treasurer and the Village Attorney amounts owing to the Village for certain expenses incurred by the Village with respect to variance applications to the Zoning Board which are the responsibility of the applicants; and

WHEREAS, the Board has considered the collectability of such amounts, which have been the subject of demands for payment by the Village, but never satisfied by such applicants; and

WHEREAS, the Village Attorney has advised the Board that certain defenses may exist with respect to such arrearages (including bankruptcy and statute of limitations defenses, applicability of Village local laws establishing arrearages as liens, etc.) that render uncertain the ability of the Village effectively to enforce collection thereof; and

WHEREAS, the Village Attorney has advised the Board that, beyond the issue of collectability, the cost of pursuing such arrearages through legal process will likely exceed the amounts owed; and

WHEREAS, the Board has determined that the best interests of the Village and its residents are not served by continuing to expend Village funds and other resources on recovery of certain such amounts owed;

NOW, THEREFORE, this Board hereby determines that the following amounts owing to the Village are uncollectable on reasonable terms, and hereby writes off same as amounts owed to the Village:

NAME OF DEBTOR

AMOUNT OF ARREARAGE

 

 

Mato Stanovic

$1,555.44

Mr. and Mrs. Cherubino

$1,618.24

 

 

 

 

 

 

Executive Session

10:15  PM , the Board entered into Executive Session to discuss personnel matters.


At 10:30  PM, 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 Trustee Baldwin, seconded by Deputy Mayor Comer, it was unanimously RESOLVED that the meeting be and hereby is adjourned at10:30  PM.

 

 

 

                                                                                                            ________________________________
                                                                                                            Yvonne Whitcomb, Village Clerk