Board of Trustees Meeting
Village of Baxter Estates
315 Main Street, Port Washington, New York

February 4, 2016


Present:           Mayor Nora Haagenson
Deputy Mayor Charles Comer
Trustee Alice M. Peckelis
Trustee Doug Baldwin
Trustee Chris Ficalora
Village Clerk-Treasurer Chrissy Kiernan
Village Attorney Christopher Prior

Also present:   Darrin Lewis, Laurence Tuck, Fred Blumlein, Sharon W. Kaplan, Alison Kaplan, Michael Scotto, Chuck Idol, Charlene Berkman, Katherine D. Crean, Russ Lumpkin, Richard Brody, William Haagenson and Matthew J. Kiernan

Mayor Haagenson led all assembled in the Pledge of Allegiance.

Regular Meeting 7:30PM

New Business

1.      Swearing in of Newly Appointed Village Clerk-Treasurer Christina R. Kiernan


      Village Attorney Christopher Prior swore in newly appointed Village Clerk-Treasurer Christina R. Kiernan.


2.   Parking on Locust Avenue


      Resident Darrin Lewis of 5 Locust Avenue requested no parking on the north side of Locust Avenue from North Washington, on the west, to Library Drive.  Presently there is one hour parking Monday to Friday from 9AM to 5PM.  Mr. Lewis claimed that library patrons violate current rules, which he feels are not effectively enforced.  He presented photographs which he stated he took after the January 23, 2016 snow storm, which he felt depicted safety issues arising from that storm, specifically that emergency vehicle could not travel in that area of Locust Avenue due to cars parked too closely to driveway aprons and too far from the curb.  The Board thanked Mr. Lewis, and advised that his request would be considered.

3.   Double Utility Poles

Resident Chuck Idol addressed concerns about double utility poles.  He asked that the Village adopt a process for tracking requests made of utilities to remove poles that they abandon after replacing old or damaged poles with new poles.  Mr. Idol claimed that the utility company often applies chemicals to try to salvage older or damaged poles, creating potential environmental problems. He advised that the Town of North Hempstead recently enacted a local law requiring utilities to remove abandoned utility poles.  He noted that, while the Law does not apply within the Village, he was not asking the Village enact a similar law, but to simply have in place a process to monitor requests to utilities to remove same.

The Board thanked him for his input and effort, and advised that his request would be considered.

4.   Baxter House

The Mayor noted an unusual number of residents in attendance. Some attendees noted that they wished to ascertain status of The Baxter House.  The Mayor noted that The Baxter House, for which an application for subdivision is pending, was not a scheduled agenda item, but that she would allow comment.

Fred Blumlein of The Cow Neck Peninsula Historical Society asked about the current status of the Baxter House.   Village Attorney Christopher Prior stated that the Village passed Local Law 1 of 2016, at its January 2016 meeting, to strengthen its power to require maintenance of landmarked properties and structures, and that the Village Building Inspector had prepared specifications for immediate steps to halt deterioration of the building, which the Village attorney had forwarded to counsel to the property owner. The owner’s counsel had advised that the owner will retain a contractor to stabilize the building, and will submit shortly amended subdivision plans. 

      Resident Chuck Idol inquired regarding whether or not the village is keeping close track of costs.

      Alison Kaplan and Dr. Nancy Kaplan, former residents of the Baxter House, spoke about their experience living in the Baxter House.

      Resident Richard Brody of 10 Bayside Avenue speculated that any bank holding a mortgage on the property might declare a default based upon the building’s condition, and that any insurer that had issued a property/casualty policy might cancel the policy for the same reason.

After additional comments from the public, the Mayor thanked those in attendance for their interest and concern, and noted that any determinations made by the Board, in its capacity as Planning Board, would only be made after conclusion of the public hearings on the application, and would be based on the record of those proceedings.

5.   LOSAP Report (EEOC and Subject municipalities regarding settlement of PW Fire Department LOSAP Claims)

      The Village Attorney reported that the form of agreement to settle the pending claims by the EEOC with respect to the Port Washington Fire Department LOSAP had now been approved by the EEOC and all of the interested municipalities conditioned upon the prompt execution and delivery by each municipality.  He recommended that the Village approve same. 

      After discussion, upon motion made by Deputy Mayor Charles Comer, seconded by Trustee Ficalora, it was unanimously RESOLVED as follows:

That the Mayor is hereby authorized, in the name and on behalf of the Village, to execute and deliver the Conciliation Agreement among EEOC and the Subject Municipalities regarding settlement of PW Fire Department LOSAP Claims, in the form annexed to these minutes and presented to the Board as Exhibit “A.”

6.   Village Election

The Village Clerk reported that the Board must adopt certain resolutions with respect to the upcoming Village election.  After discussion, upon motion of Trustee Ficalora, seconded by Trustee Baldwin it was unanimously RESOLVED as follows:

WHEREAS, while the Board of Trustees believes that the Village, by Board resolution previously adopted, has eliminated Village Personal Registration Days with respect to all Village elections, whenever occurring, unless and until the Board elects by resolution to reinstate such Village Personal Registration Day, nevertheless, despite a diligent review of the Village files, a copy of said resolution has not been located; and


WHEREAS, the Board desires to ratify and confirm, and make record of, the adoption of said resolution,


NOW, THEREFORE, it is hereby


RESOLVED, that the Board of Trustees hereby ratifies and confirms, with respect to all Village elections, whenever occurring, that (i) there has not been, and shall be, no Village personal registration day to determine persons eligible to vote in Village elections, and (ii) voter eligibility in Village elections shall be determined in accordance with laws, rules and regulations applicable in the absence of such a Village personal registration days, unless and until the Board of Trustees, by resolution duly adopted, reinstates Village Personal Registration Day with respect to Village elections, and

FURTHER RESOLVED, that 315 Main Street, Port Washington, NY 11050 be designated as the Official Polling Place for the Village Election to be held on Tuesday, March 15, 2016 from Noon to 9:00PM, and


FURTHER RESOLVED, that the Village Clerk-Treasurer is hereby directed to publish the legal notice in the official newspaper of the Village, the Port News, in accordance with Election Law Section 15-104(3)(b) and (4) by no later than March 5, 2016, which will include the date of the election and the location of the polling place, the hours of polls and names and addresses of all those who have been duly nominated whose certificate of petition of nomination has been duly filed with said Village Clerk-Treasurer and the term of such office for which they have been so nominated , an abstract of any proposition to be voted upon, if any, and to cause a printed copy thereof to be posted conspicuously in at least six (6) public places in the Village at least one (1) day before said election and at each polling place.  Offices to be filled at said Election are:

                                    Trustee – Two Year Term

                                    Trustee – Two Year Term

                                    Trustee – Unexpired, One-Year Term

                                    Village Justice – Four Year Term, and


FURTHER RESOLVED, that all residents registered with the Nassau County Board of Elections are eligible to vote in the Village Election, and


FURTHER RESOLVED, that only those persons registered to vote with the Board of

Elections of Nassau County shall be eligible to vote, and


FURTHER RESOLVED, that the Inspectors of Election shall meet no later than March 11, 2016 to adopt, use or copy from the registration list, certified and supplied by the Nassau County Board of Elections, the names appearing thereon of all persons, residing in the Village and qualified to vote at such forthcoming general Village election, and


FURTHER RESOLVED that the election inspectors may be selected from the list of registered voters supplied by the Nassau County Board of Elections, and


FURTHER RESOLVED that the following be, and they are hereby, designated and appointed to act as Inspectors of Elections at the rate of $15 per hour, with Angela Smith presiding as Chairperson thereof:

·         Angela Smith, Chairperson

·         Cynthia Wrobel and

FURTHER RESOLVED that Elizabeth A. Roberts be appointed as Alternate Inspector of Elections.


7.  Village Clerk-Treasurer Report


A. Approval of Board of Trustees Minutes for Special Meeting - December 28, 2015


On motion of Mayor Haagenson, seconded by Trustee Baldwin it was RESOLVED that the reading of the minutes of the December 28, 2015 Special Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk-Treasurer Kiernan.     

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Abstained

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye


B. Approval of Board of Trustees Minutes - January 7, 2016


The Board discussed the draft minutes, and proposed certain amendments thereto.  On motion of Trustee Baldwin, seconded by Deputy Mayor Comer it was RESOLVED that the reading of the minutes of the January 7, 2016 Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk-Treasurer Kiernan with the amendments proposed.


C.   Abstract of Vouchers


The Clerk-Treasurer distributed the report on the Abstract of Vouchers. 


On motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was unanimously:


RESOLVED that the Audited Vouchers dated February 4, 2016 for the General Fund as prepared by Clerk-Treasurer Kiernan, but amended to delete therefrom check number 6862 for Dejana Industries, Invoice No. 49655 in the amount of $10,990, for a net aggregate claims amount of $34,135.30, be and it hereby is, approved. 


The Dejana claim will be addressed at the Board’s March 3, 2016 meeting.  Clerk-Treasurer Kiernan was directed by the Board to contact Dejana Industries and ask that a representative be available at the March Board meeting to address Village and resident complaints about snow removal service.


D.  Financial Report

The Clerk-Treasurer distributed the report on the Profit and Loss Budget vs. Actual for June 2015 through present as well as the Balance Sheet. 


The Board thanked Clerk-Treasurer Kiernan for the reports.


E.   Public Works Report: Prepared by Clerk-Treasurer Kiernan

1.      PW Sewer District- Nothing to report

2.      PW Water District- The Port Washington Water District responded in a January 28, 2016 e-mail to Village inquiry regarding flexible fire hydrant pole markers.

3.      Meadow Carting- Garbage- Nothing to report

4.      Tree-Frank Hefferin- Nothing to report

5.      Snow- Dejana- The Village received one complaint regarding the clearing of fire hydrants, and twelve complaints regarding snow plow service; primary issues on High Street, Hillside, Shoreview and Hilltop, Sandy Hollow Lane and Bayside.  Clerk-Treasurer Kiernan drove the streets to follow-up on the complaints, and placed several calls to Dejana Industries to relay such complaints.  Additionally, one complaint regarding shoveling of a Chase Bank walkway was relayed to the bank, which resolved the problem; the village also contacted Commissioner Nugent at County Parks and County Legislator Delia Derrigi-Whitton's office to request that the paths at Barbara Johnson Park could be cleared of snow.

6.      Gappsi- landscaping- Nothing to report

7.      Public Works- Miscellaneous- The fence along the village hall parking lot property was mended.

8.      Catch Basin Project - Nothing to report

9.      Solid Waste Management- NH Recycling Center on West Shore Road-Nothing to report

10.  Albertson Electric- Lighting Poles- Complaints are being addressed regarding the street light at 7 Harborview Road which involves the replacement of a line, trenching and blacktop filling and there are currently three estimates that we are waiting for; one call was also received regarding 15 Hilltop to report a street light out.

11.  Signs- Nothing to report

F.   Public Safety Report

      1.   Police - Nothing to report

      2.   Fire Department - Nothing to report

G.   Utility Report

1.      PSEG Long Island- PSEG Long Island municipal liaison contacted Village Clerk every two hours by phone during the storm; no outages reports in Baxter Estates; information for residents were posted on our website as well as on our Facebook page; voicemail was checked over the weekend and one snow plowing issue was resolved over the weekend.

2.      National Grid- Nothing to report


The Board directed the Clerk-Treasurer to obtain from Dejana Industries status on amount of sand/salt obtained from the Town of North Hempstead.  Dejana should submit to the Village the ticket/receipt for sand/salt issued by Town. 


Mayor Haagenson suggested that the Village consider exploring an Intermunicipal Agreement with other villages for purchase of sand/salt, to see whether group purchasing may be more cost-effective.


H.   Budget Workshop Date Selection


The board scheduled a budget workshop on Saturday, March 5th at 8:30AM.


I.    Village Audit-


After discussion, upon motion of Deputy Mayor Comer, seconded by Trustee Ficalora, it was unanimously RESOLVED, that the village engage the services of Skinnon and Faber P.C. to perform an independent audit of the financial affairs of the village for the fiscal period commending June 1, 2015 and ending May 31, 2016 and to prepare an inventory of Village assets in accordance with the Skinnon proposal, for a fee that will range between $6,600 and $7,100.


J.    Bank Resolution


After discussion, upon motion of Trustee Baldwin, seconded by Trustee Ficalora, it was unanimously RESOLVED, that the Village of Baxter Estates hereby authorizes Village Clerk-Treasurer Christina R. Kiernan, Mayor Nora Haagenson, and Deputy Mayor Charles Comer to act as signatories for all village bank accounts and Village Clerk-Treasurer Christina R. Kiernan to execute check payments and deposits.  In the absence of the Village Clerk-Treasurer, the Mayor or Deputy Mayor will act as signatory on bank accounts, and


FURTHER RESOLVED, that Mayor Haagenson, Deputy Mayor Comer and Clerk-Treasurer Kiernan are the sole officials authorized to hold cards for and use the Village of Baxter Estates Citi Mastercard charge account.


Former Treasurer Laurence Tuck also noted that in order to change the names on the safety deposit box account, Deputy Mayor Comer and he must go to the Bank of America Branch in person.



            Executive Session 9:57PM

At 9:57PM, upon motion of Trustee Baldwin, seconded by Deputy Mayor Comer, the Board entered into Executive Session to discuss potential litigation and personnel issues.

At 12:30AM, Mayor Haagenson stated that Executive Session had concluded and that no action had been taken.

8.   Locust Avenue Parking

      Mayor Haagenson directed the Clerk-Treasurer to notify residents residing on Green Hays, North Washington and Locust Avenue in the vicinity of the Library of resident Lewis’ proposal for change in the parking rules on Locust Avenue, which will be addressed at the next board meeting.

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 at 12:40AM, February 5, 2016.