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

March 3, 2016

7:30PM

Present:           Mayor Nora Haagenson
Deputy Mayor Charles Comer
Trustee Alice M. Peckelis
Trustee Doug Baldwin, arrived at 9:15pm
Trustee Chris Ficalora
Village Clerk-Treasurer Chrissy Kiernan
Village Attorney Christopher Prior

Also present:   Darrin Lewis, Chuck Idol, Scott Sheehan, Peter Marreck, Stephanie Philipe, and AJ Banarsee

Mayor Haagenson led all assembled in the Pledge of Allegiance.

Regular Meeting 7:30PM

New Business

1.   27 Overlook Drive- Marreck- Board of Zoning & Appeals Decision Approval

At the December 3, 2015 Board Meeting, the Board considered the Application of Peter Marreck, 27 Overlook Drive, for permission to reconstruct Driveway and Retaining Walls in the village right of way as part of a project that also required variances from the Board of Appeals.  Mr. Marreck reported that the Board of Appeals after a public hearing on February 24, 2016, granted the variances for the portion of the project on the Marreck property; Mr. Marreck and his design professionals re-presented the project, and confirmed that the project now proposed is identical to that presented to the Trustees on December 3, 2015, and approved by the Board of Appeals.

After discussion, upon motion of Deputy Mayor Comer, seconded by Trustee Ficalora, it was:

RESOLVED to approve the Application of Peter Marreck, 27 Overlook Drive, to reconstruct Driveway and Retaining Walls in the public right-of-way, conditioned upon (i) all construction being in compliance with the plans approved by the Board of Appeals following its February 24, 2016 hearing on the Marreck’s companion variance application, and (ii) delivery by the Marrecks to the Village of an Instrument of Covenants and Restriction with Indemnity in form acceptable to the Village Attorney by not later than May 1, 2016, with all costs associated therewith, including drafting and recording, to be borne by the applicants.

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

 

2.   Village Snow Plow Service - AJ Banarsee, Representative from Dejana Industries

     

      Upon request of the Board of Trustees, AJ Banarsee of Dejana Industries appeared to address the Board and residents regarding issues with snow plow service during the snow storm on the weekend of Saturday, January 23, 2016.

 

      Mayor Haagenson, the Board of Trustees and residents voiced concerns over the poor quality of snow plow service, including timeliness of plowing, unplowed streets, insufficient sand/salt mixture and placement of piled snow.  Mr. Banarsee apologized, and suggested that the magnitude of the storm complicated Dejanas’s performance.  He promised better future service.  Deputy Mayor Comer asked Dejana to carefully avoid piling snow over fire hydrants.  Clerk-Treasurer Kiernan suggested providing a map of fire hydrants prior to the winter season so that Dejana would know where the fire hydrants are located.  Trustee Ficalora asked for an adjustment and/or financial compensation in the snow contract.  Mayor Haagenson stated the Village would formally register a complaint via letter with Peter Dejana.  Mr. Banarsee advised that he would address the issues and request with his employer.

 

3.   Parking on Locust Avenue.

 

      At the February 4th, 2016 Board Meeting, after resident Darren Lewis requested no parking on the north side of Locust Avenue from North Washington, on the west, to Library Drive, the Board deferred action to this evening’s meeting, and asked Clerk-Treasurer Kiernan to invite to this evening’s meeting all residents whose properties border the area where the "no parking" change is proposed.  Clerk-Treasurer Kiernan confirmed that the invitation, in the form attached as Exhibit B, was delivered to all such residents.  No residents other than Mr. Lewis attended.

 

      After discussion, upon motion by Deputy Mayor Comer, seconded by Trustee Ficalora, it was:

     

      RESOLVED, that there shall be no parking at any time on the north side of Locust Avenue between Library Drive and North Washington Street, effective once signs are posted. 

 

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

 

Clerk-Treasurer Kiernan was asked to provide a certified copy of the Resolution to the Port Washington Police Department, to notify the library by mail of the action, and to replace the existing street parking signs with new signs consistent with the resolution. 

 

4.   Tianderah Road Re-Opening

 

      After discussion, upon motion by Trustee Ficalora, seconded by Deputy Mayor Comer, it was:

 

      RESOLVED to re-open Tianderah Road to vehicular traffic on April 1, 2016, subject to favorable weather conditions.

 

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

 

5.   Landscaping Proposals

 

      Clerk-Treasurer Kiernan presented the low proposals received by the Village in response to an RFP.  The Board analyzed same, and found the proposal of Robert Keough, Inc. to be acceptable. 

 

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

 RESOLVED to accept the proposal of Robert Keough Inc., copy attached hereto as Exhibit C, in the total amount of $4,835, to perform landscaping maintenance of Village Hall property at 315 Main Street, and Other Village Property including Baxter Beach and Parkland, Overlook Drive, Central Drive, Bayside Avenue, Virginia Avenue and Library Drive , conditioned upon the Clerk confirming with Cardi Landscaping that its proposal incorrectly proposed per event pricing, rather than the per season pricing requested by the Village.

 

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

6.   Street Light Estimate #7 Harborview Road

      Clerk-Treasurer Kiernan submitted two estimates (Albertson Electric proposed $2,890 and Home Run Electric proposed $3,350)  to repair the Street Light located at #7 Harborview Road, including installation of a new 170’ line from the utility pole to the street and associated trenching, back fill and blacktop repair. Clerk-Treasurer Kiernan noted that other companies had been contacted, but refrained from submitting proposals.  Deputy Mayor Comer and Trustee Ficalora stated that the proposals were high.  Deputy Mayor Comer offered to contact the companies to explore alternate solutions.

7.   Street Light Estimate #15 Hilltop Road

      Clerk-Treasurer Kiernan reported that she was advised by Albertson Electric that the fixture in front of #15 Hilltop Road requires bulb, lens and socket replacement, at a cost of $245.

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

 RESOLVED to accept the verbal proposal of $245 from Albertson Electric.

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

8.   Storm Damage to Village Hall - 315 Main Street

      Mayor Haagenson reported that a fallen tree damaged the Village Hall gutters and front portico during the February 24th storm.  The Village notified Hometown Insurance and is in the process of receiving estimates to repair the damage.  Clerk-Treasurer Kiernan has been in contact with Tom Hughes, the Examiner from Wright Insurance.  Once estimates are received, the Village will provide the insurer with the two lowest estimates and the bill from Hefferin Landscaping to remove the tree debris.

9.   Street Sweeping Contract

      The Board discussed and finalized contract language for the 2016-2017 Street Sweeping Contract.  Upon discussion, after a motion made by Trustee Ficalora seconded by Deputy Mayor Comer it was:

       RESOLVED that the Village Clerk-Treasurer cause to be published in the Port Washington News the legal notice to bidders for the village annual street sweeping contract, and incorporate the Trustees’ proposed changes into the bid documents, to be approved by the Mayor.

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

10. Tree Inspection Report Review - Scotto, 2 Ridgeway Road

      Clerk-Treasurer Kiernan provided, and the Board reviewed, copies of Deputy Tree Inspector Josh Speisman’s February 22, 2016 Tree Inspection Report for Michael Scotto, 2 Ridgeway Road. 

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

       RESOLVED, that tree #1 and tree #2 as designated on the tree inspection report attached as Exhibit D may be removed, conditioned upon replacement with one tree, of a height ten feet above grade when planted, the costs thereof to be borne by Mr. Scotto and the work to be performed by a properly insured contractor, and inspected and approved by the Building Inspector upon planting.

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

11.   Tree Inspection Report Review - McDonald, 14 Mullon Avenue

Clerk-Treasurer Kiernan provided, and the Board reviewed, copies of Deputy Village Clerk Elisabeth Roberts’s memo regarding a tree removal application for 14 Mullon Avenue, with Deputy Commissioner’s Speisman’s Tree Inspection Report.  After discussion, upon motion made by Trustee Ficalora, seconded by Deputy Mayor Comer, it was:

 

RESOLVED that the three trees designated on the Tree Inspection Report attached hereto as Exhibit E may be removed, conditioned upon replacement with three trees, of a height ten feet above grade when planted, the costs thereof to be borne by Mr. McDonald and the work to be performed at locations approved by the Building Inspector by a properly insured contractor, and inspected and approved by the Building Inspector upon planting.

 

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

 

12. Tree Removal Issue- 16 Ridgeway Road

 

      Clerk-Treasurer Kiernan reported on her conversation with Vivian Silverman, 16 Ridgeway Road, regarding a tree that she caused to be removed after obtaining Board approval to remove in November 2014.  According to Ms. Silverman, former Village Clerk Yvonne Whitcomb advised her that the Village would pay the removal cost if the tree was found to be on Village property.   The Village then came to understand that the tree removed was on Ms. Silverman's property.  At Ms. Silverman’s urging, on March 3rd, 2016, Building Inspector Joe Saladino reviewed the property survey provided by Mrs. Silverman, and advised Clerk-Treasurer Kiernan that the removed tree was on village property.  After discussion, upon motion made by Trustee Ficalora and seconded by Deputy Mayor Comer it was:

 

 RESOLVED to reimburse Ms. Silverman, 16 Ridgeway Road, an amount not to exceed $300 for costs incurred in removing a tree in the village right-of-way abutting her property.

 

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

 

Clerk-Treasurer Kiernan also noted that she would explain to Ms. Silverman the proper protocol for requesting a tree removal on village property for the future.

 

13. Trees on Village Property

 

      Mayor Haagenson reported that she has asked Deputy Tree Inspector Josh Speisman to review all of the trees on the Village property at 315 Main Street.  Trustee Ficalora inquired as to whether Mr. Speisman could also look at trees on village parkland at some later date as well.  The Board deferred consideration of review of trees other than of 315 Main Street.

 

14. Village Banking Change of Banks

 

      Clerk-Treasurer Kiernan reported on her search for suitable banks for Village accounts.  Mayor Haagenson observed that the Village seeks a bank that does not charge the Village fees.  Based on her research, Clerk-Treasurer Kiernan requested proposals from two banks that have a nearby location to make cash deposits, zero fees, direct deposit capability and the ability to deposit checks remotely.  Proposals from First National Bank of Long Island and Flushing Bank were submitted to the Board for review.  After discussion, upon motion of Deputy Mayor Comer, seconded by Trustee Peckelis, it was:

 

      RESOLVED that First National Bank of Long Island will be the official bank of the Village of Baxter Estates and,

      FURTHER RESOLVED that the following accounts be moved from Bank of America and opened at First National Bank of Long Island, including: Checking, Money Market, Highway Repair Fund and Capital Reserve Fund, and

      FURTHER RESOLVED that First National Bank of Long Island be the official depository, and

      FURTHER RESOLVED that all checks are issued thereof, and

      FURTHER RESOLVED that Mayor Haagenson, Deputy Mayor Comer and Clerk-Treasurer Kiernan be the sole officials hereby authorized on all Village accounts with First National Bank of Long Island.

 

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                            Abstained

 

15. Village Credit Card

 

      On motion of Trustee Ficalora, seconded by Deputy Mayor Comer, it was unanimously RESOLVED that the Village close all accounts associated with the Village Citi charge account.

 

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

 

      On motion of Trustee Ficalora , seconded by Deputy Mayor Comer , it was unanimously RESOLVED to open a Chase Ink for Business charge account and that Mayor Haagenson, Deputy Mayor Comer and Clerk-Treasurer Kiernan be the sole officials authorized to hold cards for and use the Village’s Chase Ink for Business charge account.

 

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                            Not present

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

 

 

16. Hometown Insurance/NYMIR

 

      Clerk-Treasurer Kiernan reported on premium rate changes regarding the Village's liability insurance policy, noting that she will monitor the periods of time after which lawsuits against the Village are settled or decided.  Hometown, the Village’s insurance consultant, advises that every five years the rate is adjusted based on the number of individual lawsuits against the Village that are initialed within the most recent five year period.

 

17. Tax Cap

 

      Village Attorney Christopher Prior explained that, in any year in which the Board may need to authorize a Village property tax levy in excess of the limit established under New York State General Municipal Law  § 3-c, the Board must enact a local law establishing that authority.  The Board members noted that, at this stage of the budget process, the possibility exists that such a levy will be needed. After discussion, upon motion made by Mayor Haagenson, seconded by Deputy Mayor Comer, it was:

 

 RESOLVED to introduce, and hold a public hearing on April 7, 2016 with respect to, Bill 1 of 2016, a proposed local law to authorize the Village of Baxter Estates to implement for its 2016/17 tax year a tax levy in excess of the limit established in New York State General Municipal Law § 3-c, within the Village.

 

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                Aye

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

 

18. Storm Water Report

 

      Deputy Mayor Comer advised that the MS4 reporting form required by the NYS DEC for the year ended March 9, 2016 is not yet available from New York State.  If it is received in sufficient time, then the Village’s mandated annual storm water meeting will be held at the April 7, 2016 Board of Trustees meeting.

 

19. Revised Subdivision Application Approval

 

      Village Attorney Chris Prior noted that the Village’s Subdivision Application and related Instructions forms presently require notice to residents within a 200 foot radius of the subject property not less than 10 days and not more than 20 days, prior to a scheduled public hearing, which differs from the “not less than 10 days and not more than 25 days prior to” time frame applicable to public hearings for Board of Zoning and Appeals applications.  Mr. Prior recommended that the subdivision application and instructions be amended to conform to the rule applicable to zoning board applications.

 

      After discussion, upon motion made by Deputy Mayor Comer, seconded by Trustee Ficalora, it was:

 

 RESOLVED to approve the revised form of the Instructions for Applications for Subdivision or Partitioning Approval attached hereto as Exhibit F.

 

      Mayor Haagenson            Aye

      Deputy Mayor Comer       Aye

      Trustee Baldwin                Aye

      Trustee Peckelis                Aye

      Trustee Ficalora                Aye

 

20. Village Clerk-Treasurer Report

 

A. Approval of Board of Trustees Minutes for February 4, 2016

 

The Board discussed the draft minutes, and proposed to correct the Executive Session ending time to 12:30AM from 12:30PM.  On motion of Trustee Baldwin, seconded by Deputy Mayor Comer, it was:

 

 RESOLVED that the reading of the minutes of the February 4, 2016 Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk-Treasurer Kiernan with the amendment proposed.

 

B.   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 March 3, 2016 for the General Fund as prepared by Clerk-Treasurer Kiernan in the amount of $50,018.01 be and it hereby is, approved. 

 

C.  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.

 

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

1.      PW Sewer District- Nothing to report

2.      PW Water District- Nothing to report

3.      Meadow Carting- Garbage- One complaint regarding pick-up resolved.

4.      Tree-Frank Hefferin- Providing cost estimate for the tree that fell down on the portico of Village Hall.

5.      Snow- Dejana- Nothing to report

6.      Gappsi- landscaping- Nothing to report

7.      Public Works- Miscellaneous- The curbing was fixed in the back parking lot of 315 Main Street, barricades were taken from the driveway and additional sand/salt was requested for pick-up by Bob Keough.

8.      Catch Basin Project - We are looking to start our next reconstruction project before the fiscal year-end using CHIPS funds.

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

10.  Albertson Electric- Lighting Poles- No new complaints other than what was discussed earlier.

11.  Signs- Ten 10' sign posts were ordered.  Yield sign on Locust and Central Drive fell down and is being fixed by Bob Keough.

F.   Public Safety Report

      1.   Police - Nothing to report

      2.   Fire Department - 8 calls to the PWFD were made in February 2016

G.   Utility Report

1.      PSEG Long Island- PSEG Long Island municipal liaison Pennie Vakkas contacted us the day after the storm on Thursday, February 25th to let us know that a tree knocked down wires on Ridgeway Road and it was bring repaired.

2.      National Grid- Nothing to report

            Executive Session 10:17PM

At 10:17PM, upon motion of Deputy Mayor Comer, seconded by Trustee Ficalora, the Board entered into Executive Session to discuss potential litigation and personnel issues.

At 11:05PM, 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 at 11:05PM on March 3, 2016.