Board of Trustees

Village of Baxter Estates

2 Harbor Road, Port Washington, New York

March 4, 2010

7:30PM

 

Present:            Mayor Frederick E. Nicholson

                        Trustee Charles Comer

                        Trustee Alice M. Peckelis

                        Village Attorney Christopher Prior

                        Village Clerk Yvonne Whitcomb

 

Absent:  Trustee Douglas Baldwin, Treasurer Laurence Tuck

 

Also present:  Michael Taylor, Jim and Marilyn Sacrestano, Katie Piacentini of the Anton News, Debbie Cohen of Patch.com

 

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

 

1.               Village Clerk

 

A.    Minutes

On motion of Trustee Peckelis, seconded by Trustee Comer, it was unanimously RESOLVED that the reading of the minutes of the February 4, 2010 Board of Trustees meeting be waived and they be and hereby are approved as presented by Clerk Whitcomb.

2.               Treasurer

 

A.    Abstract of Vouchers

 

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED that the audited Vouchers prepared by Treasurer Tuck, dated February 4, 2010 for the General Fund totaling $39,103.75 be and hereby are approved.

 

3.               New Business

 

A.    Tentative 2010-2011 Budget

On the motion of Trustee Comer, seconded by Trustee Peckelis it was unanimously RESOLVED that there will be a special meeting of the Board of Trustees on Saturday, March 13, 2010 at 9:00am at the Village Hall, 2 Harbor Road, Port Washington, for the purpose of working on the Tentative Budget for the fiscal year commencing June 1, 2010 and ending May 31, 2011, with Treasurer Tuck.

B.     Stormwater

Trustee Comer informed the Board that the MS4 Annual Report Form, due June 1, 2010, will be available soon from the DEC.

                  C. Bill No 1 of 2010

Attorney Chris Prior presented the Board with a draft of a proposed local        law clarifying the continued exemption of the Village of Baxter Estates from the Village’s own local laws and regulations.

Trustee Comer introduced same as Bill No. 1 of 2010. On the motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED to schedule Bill No 1 of 2010 for a public hearing to be held on June 3, 2010 at the Village Hall at 7:30PM.

D.    Tianderah Road

 

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED to re-open Tianderah Road to vehicular traffic on April 1, 2010.

 

E.    Bird House

 

After discussion, upon motion made by Trustee Comer, and seconded by Trustee Peckelis, the Board unanimously adopted the following:

 

WHEREAS, the Village has for many years occupied a portion of the premises at 2 Harbor Road, Port Washington, New York, as its Village Office and Justice Court, initially pursuant to leases for a term, and in recent years, on a month-to-month basis; and

 

WHEREAS, for the past several years, the Board has considered various alternatives for a Village Hall and Village Justice Court, to provide the Village and its residents with a more permanent home, as well as an opportunity to provide for such Village facilities in a cost-effective manner; and

 

WHEREAS, for the past many months, the Village has negotiated with the Port Washington Water Pollution Control District terms under which the Village might occupy and/or acquire the premises owned by the District and located at 315 Main Street, within the Village, which premises are improved with a structure used previously for both residential and other purposes, and known as The Bird  House; and

 

WHEREAS, the Village and the District have obtained an appraisal of The Bird House premises, from an independent third-party appraiser, identifying the market value of the property; and

 

WHEREAS, the Board desires to lease the Premises from the District, and obtain from the District an option to purchase the Premises, exercisable at the election of the Village; and

 

WHEREAS, the Village and District have concluded negotiations as to the terms of a lease not to exceed three years, as well as the terms of the option to purchase during such period; and

 

WHEREAS, the Board has reviewed, and finds acceptable, the form of the proposed written lease of the Premises, with option to purchase the Premises, in the form presented to the Board by the Village Attorney; and

 

WHEREAS, the Board understands that the ability of the District to enter into the lease with option to purchase is conditioned upon the District applying for and obtaining the approval of the Town Board of the Town of North Hempstead; and

 

WHEREAS, the District has advised the Village that its ability to apply to the Town for such approval requires that the Village adopt a resolution authorizing the Village to enter into the lease with option to purchase, conditioned upon approval of such transaction by the Town;

 

NOW, THEREFORE, it is hereby:

         

RESOLVED, that the Village be, and hereby is, authorized to enter into and perform the lease for the Premises at 315 Main Street, Port Washington, New York, with option to purchase as provided for therein, in substantially the form presented to the Board by the Village Attorney, which form is annexed hereto as Exhibit A, conditioned upon satisfaction of the following:

 

(a)            the District shall apply to the Town Board of the Town of North Hempstead for, and the Town shall grant, all approvals required with respect to the lease transaction with option to purchase; and

 

(b)            such modifications to the attached form of Lease with Option to Purchase as are deemed necessary or appropriate by the Village Attorney shall be made to the satisfaction of the Village Attorney; and it is hereby further

 

RESOLVED, that the Mayor be, and he hereby is, authorized and directed, in the name and on behalf of the Village, to execute and deliver the Lease, subject to satisfaction of the foregoing conditions, in the name and on behalf of the Village, and that the Mayor, the Village Clerk and Village Attorney be, and they hereby are, authorized and directed to take such further actions, and to execute and deliver such further documents and instruments, as are deemed necessary and appropriate by them in order more fully to effectuate the purposes and intent of the foregoing resolution.

 

 

1.               Old Business

A.     Drainage – Hillside  Ave.

Street runoff and flooding  on  Hillside Avenue is not yet resolved. Further investigation into this issue will be made.

 

Executive Session

On motion of Mayor Nicholson, seconded by Trustee Comer, the Board voted unanimously to enter into Executive Session to discuss personnel matters.

At 9:52PM, the Mayor stated that Executive Session had concluded, and that no action had been taken by the Board in Executive Session.

 

 

 

 

There being no further business before the Board, on motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 10:40PM

 

 

 

 

Yvonne Whitcomb

Village Clerk