Board of Trustees

The Village of Baxter Estates

2 Harbor Road, Port Washington, New York

November 5, 2009

7:30 PM





Mayor Frederick E. Nicholson

Trustee Charles Comer

Trustee Douglas Baldwin

Trustee Alice M. Peckelis

Treasurer Laurence Tuck

Village Attorney Chris Prior

Village Clerk Yvonne Whitcomb




Also present:  Gary Alcon, Jim Cancel, Adam S. Walters, George O’Neil, Gene Caiola, for T-Mobile. Matt Butcher- Sitesafe. Jim and Marilyn Sacrestano, Joe, Kristin, Amelia Von Korff, Arthur John Golder III, Chris and Mimi Crowley, Nancy Curtin, Trish Jester, Bernadette Dolan, Giovanna Giunta, Tom Rice, Friends of Lee Tu, Donna Rice, Rosalie Silver, Patty Wood, Barbara Lawrence- Mitchell Farms Civic Association. Matthew Pickett, Richard Tavarez and Ken Birke -TD Bank


Mayor Nicholson opened the regular meeting at 7:30 PM, with the Pledge of Allegiance.


Public Hearing 7:35PM


Mayor Nicholson opened the Public Hearing duly advertised in the October 19, 2009 issue of the Port Washington News, to consider an application from T-Mobile Northeast LLC for a Special Exception Permit to install wireless communications antennas mounted behind stealth screening on the roof of an existing three story building located at 299-305 Main Street, Port Washington, New York.


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


On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to adjourn the public hearing to the next meeting date of December 3, 2009.



Regular Meeting 9:40PM



1.               Village Clerk


A.    Minutes


On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED that the reading of the minutes of the October 1, 2009 Board of Trustees Meeting be waived and they be and hereby are approved with corrections.


2.               Treasurer


A.    Abstract of Vouchers


On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED that the audited vouchers presented by Treasurer Tuck, dated November 5, 2009 for the General Fund totaling $39,130.56 be and hereby are approved.


3.               New Business


A.   TD Bank


Matthew Pickett , Assistant Vice President for Government Banking with TD Bank gave a presentation.


B.   Tree-23 Hilltop Road


Lance Wagner, Tree Commissioner, submitted a report that the tree located on Village property in front of 23 Hilltop Road was split and needed to be removed.


On motion of Trustee Peckelis, seconded by Trustee Comer, it was unanimously RESOLVED that LIPA be contacted to remove the tree.


C.     Connect-CTY Agreement


On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously resolved that the Village of Baxter Estates enter into a joint agreement, along with other local municipalities and special districts, with Connect CTY, for a one year period and a fee not to exceed $900.00.




D.    Special Forum on Consolidation/ Dissolution of local government


Trustee Peckelis attended a meeting on October 29, 2009. A report was distributed to the Board of Trustees.



Trustee Baldwin left the meeting.


4.               Old Business

A.   Snow Removal Contract

Village Clerk Whitcomb reported on the bids received on September 29, 2009 for the Snow Removal Contract.

On the motion of Trustee Comer, seconded by Trustee Peckelis, the Board voted as follows on the bid submitted by Doms Lawnmaker Inc. as lowest bidder for snow removal for a three year period 2009, 2010 and 2011.

Trustee Comer             Aye                  Trustee Peckelis     Aye

Mayor Nicholson          Nay

The Village Attorney observed that a 2-1 vote was insufficient to carry the motion, as the approving vote of the entire Board is required, without regard  to the number of Trustees in attendance.

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED to postpone award of the Snow Removal Contract to a future date to be determined.

B.      Drainage –15 Hillside

Mayor Nicholson stated that the street runoff and flooding at 15 Hillside Avenue was not yet resolved. The contractor will meet with the Building Inspector and the Mayor on November 18, 2009 to resolve the problem.


There being no further business before the Board, on motion of Trustee Comer, seconded by Mayor Nicholson, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 11:15PM.