Board of Trustees

Village of Baxter Estates

315 Main Street, Port Washington, New York

July 1, 2010

7:30PM

 

 

Present:          Mayor Frederick E. Nicholson

                        Trustee Charles Comer

                        Trustee Douglas Baldwin

                        Trustee Alice M. Peckelis

                        Trustee Michael Taylor

                        Village Attorney Christopher Prior

                        Treasurer Laurence Tuck

                        Village Clerk Yvonne Whitcomb

 

Also present:  Stenographer Jennifer Devlin, James and Marilyn Sacrestano, Les Read, Debbie Cohen with Patch.com

 

Meeting opened at 7:30PM with the Pledge of Allegiance led by Trustee Comer.

 

Public Hearing 7:48PM

 

Mayor Nicholson opened the Public Hearing duly advertised in the June 11, 2010 issue of the Port Washington News, to consider a transfer of $30,000.00 from the Village’s Highway Snow Removal and Road Repair Reserve Fund, to the Village’s Land and Building Capital Reserve Fund.

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

Mayor Nicholson announced that the Public Hearing was closed.

 

A.  Resolution after Public Hearing authorizing Transfer of Funds from Village's Highway Snow Removal and Road Repair Reserve Fund:

 

On motion of Trustee Baldwin, seconded by Trustee Comer it was unanimously  RESOLVED that the Board, having conducted a duly noticed public hearing with respect to the subject matter hereof, does hereby authorize and approve the transfer of $30,000 from the Village's Highway Snow Removal and Road Repair Reserve Fund, to the Village’s Land and Building Capital Reserve Fund;

 

 

B.  Resolution authorizing Expenditure from Village's Capital Reserve Fund, subject to permissive referendum:

 

RESOLVED, that the Board appropriate the sum not to exceed $30,000 from the Village's Capital Reserve Fund to finance costs of repairs, renovations and alterations to the premises leased by the Village and located at 315 Main Street, Port Washington, New York; and be it further

 

RESOLVED, that this resolution is subject to a permissive referendum as provided by law.

 

 

Regular meeting 8.00PM

 

1.               Village Clerk

A.    Minutes

On motion of Trustee Comer, seconded by Trustee Taylor,, it was  RESOLVED that the reading of the minutes of the May 6, 2010 Board of Trustees Meeting be waived and they be and hereby are approved as presented by Clerk Whitcomb.

Aye     Alice Peckelis                              Abstained     Mayor Nicholson

Aye     Trustee Taylor                                 Abstained     Trustee Baldwin

Aye     Trustee Comer

On motion of Trustee Peckelis, seconded by Trustee Comer, it was unanimously RESOLVED that the reading of the minutes of the June 3, 2010 Board of Trustees Meeting be waived and they be and hereby are approved as presented by Clerk Whitcomb

On motion of Trustee Peckelis, seconded by Trustee Comer, it was unanimously RESOLVED that the reading of the minutes of the July 1, 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 Baldwin, it was unanimously RESOLVED that the audited vouchers presented by Treasurer Tuck, dated July 1, 2010 for the General Fund totaling $91,378.86 be and hereby are approved.

3.          New Business

A.      Hillside Avenue drainage

 

The Board discussed the continuing issues involving storm water run-off from Hillside Road affecting the Sacrestano property 15 Hillside Avenue.   The Board members noted that the Sacrestanos had for several years been attempting to resolve run-off issues that they allege involve storm water from Hillside Avenue entering onto their property across the driveway, and through the garage, causing flooding in severe storms.  The Sacrestanos have advised the Village that the problems were created by road improvement work carried out by the Village a few years ago. The Board noted that Village expenditures on a previously proposed “fix” had been approved and effected since the problem first was raised, and that the Sacrestanos have found no material improvement.

The Village has obtained input from Vachris Engineering on a possible fix, and the residents advised the Board that they agree with the approach proposed by Vachris.  The Board advised the Sacrestanos that the Board is willing to expend not more than $10,000 on such fix, provided that the Sacrestanos agree that the Village will not expend additional funds to address the existing problems, even if the proposed fix does not prove satisfactory to the Sacrestanos.  Mr. Sacrestano acknowledged that such an approach, with such limitation, would be acceptable to the Sacrestanos.

 

After discussion, upon motion duly made, seconded and unanimously carried, it was RESOLVED, that Village shall expend not more than $10,000 to address the current storm water run-off problems involving the premises at 15 Hillside Avenue and affecting the Sacrestanos, through remediation work as proposed by Vachris Engineering, as discussed with the residents at the Board’s July 1, 2010 meeting, conditioned upon the understanding, based upon the statements of Mr. Sacrestano, that the residents will accept such expenditure by the Village as the final expenditure by the Village to resolve the current storm water run-off issues affecting the Sacrestanos’ property at 15 Hillside Avenue. 

 

Mayor Nicholson   Aye             Trustee Baldwin   Nay

                        Trustee Comer        Aye                       Trustee Taylor      Nay

            Trustee Peckelis      Aye   

 

 

B.   Painting of 315 Main Street

 

On motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED that the exterior of 315 Main Street be scraped, primed and painted for a sum not to exceed $10,000.00.

 

C.   No August Board of Trustees Meeting

 

On motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED that the next Board of Trustees Meeting will be held on September 2, 2010.

 

D.       Temporary Building Inspector

 

On motion of Mayor Nicholson, seconded by Trustee Baldwin, it was unanimously RESOLVED as follows:

Don Alberto, Building Inspector in nearby Village of North Hills, and a registered architect, is hereby authorized to perform the functions of Building Inspector for the Village during those periods in August of 2010 and September 2010 when Building Inspector Joseph Saladino is unavailable, on an as-needed basis, as determined by any two of the Mayor, Building Department liaison Trustee Doug Baldwin and Village Clerk Yvonne Whitcomb, and the Village shall compensate Mr. Alberto, as an independent contractor, at a rate of $125 per hour expended in such service.

 

Executive Session 10:33pm

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to enter into Executive Session to address potential litigation.

 

At 10:45pm Trustee Comer stated that Executive Session had concluded and that no action had been taken by the Board in Executive Session.

 

Re-Open Regular Meeting 10:46pm

 

A.       Stuart Rosen- BZA monies owed to Village

 

On motion of Trustee Baldwin, seconded by Trustee Peckelis, it was unanimously RESOLVED to collect monies owed to the Village for BZA hearings.

Mayor Nicholson    Abstain                        Trustee Comer         Aye

Trustee Peckelis       Aye                            Trustee Baldwin       Aye

Trustee Taylor         Aye

 

There being no further business before the Board, on motion of Trustee Peckelis, seconded by Trustee Comer, it was unanimously RESOLVED that the meeting be and hereby is closed at 11:00 pm.

                                                            _________________________________

                                                             Yvonne Whitcomb, Village Clerk