Board of Trustees

Village of Baxter Estates

315 Main Street, Port Washington, New York

April 7, 2011

7:30 PM

 

Present:           Mayor Frederick E. Nicholson

`                       Trustee Charles Comer

                        Trustee Douglas Baldwin

                        Trustee Alice M. Peckelis

                        Village Attorney Christopher Prior

                        Village Clerk Yvonne Whitcomb

            Treasurer Laurence Tuck

 

 

Also present:  Nora Haagenson, Jim and Marilyn Sacrestano, Daniel Marmor, Nina and Warren Bernstein, Phil Daly

 

Absent: Trustee Michael Taylor

 

Swearing In

 

Mayor Nicholson reported on the results of the recent Village Election in which the Mayor and Trustee Comer were reelected and Nora Haagenson was elected as Trustee.

 

Mayor Nicholson was then sworn  in as Mayor for a two year term of office by Village Attorney Christopher Prior.

 

Charles Comer and Nora Haagenson were sworn in as Trustees for two year terms by Village Attorney Christopher Prior.

Public Hearing   7:35 PM

Mayor Nicholson opened the public hearing duly advertised in the March 24, 2011 issue of the Port Washington News, to consider the adoption of the proposed $789,586.63 budget for the fiscal year commencing June 1, 2011 and ending May 31, 2012.

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

All those present wishing to speak having been heard, Mayor Nicholson closed the Public Hearing at 7:40PM.

Annual Meeting

Mayor Nicholson opened the annual meeting at 7:41 PM.

 

Mayor Nicholson then appointed Trustee Charles Comer as Deputy Mayor for a one year term to expire at the April 2012 annual meeting.

Mayor Nicholson then made the following appointments subject to the  approval of the Board of Trustees, for terms of one official year, said terms to expire April 2012.

 

Deputy Mayor                                                      Charles Comer
Village
Attorney                                                   Christopher Prior

Village Court Clerk                                                Linda Kropacek
Building
Inspector Liaison                                   Douglas Baldwin
Commissioner of Public Works                           Alice Peckelis                              
Environmental Commissioner                      Nora Haagenson

Deputy Environmental Commissioner                 Alice M. Peckelis

Village Representative to:
Manhasset Bay Protection Committee                 Charles Comer, Nora Haagenson
Nassau County Village Officials Association      Fred Nicholson, Alice Peckelis
Chamber of Commerce                                         Fred Nicholson, Nora Haagenson
Port Washington Visioning Committee                Nora Haagenson
Emergency Management  Officers                        Fred Nicholson, Alice Peckelis 

                                                                               Charles Comer

Treasurer                                                                  Laurence Tuck

Stormwater Runoff  Officer                                   Charles Comer
Village
Prosecutor                                                 Michelle Prior
Tree Commissioner                                                Lance Wagner

 

Mayor Nicholson made the following appointment, subject to the approval of the Board of Trustees, for a term of five years, said term to expire April 2016.

Board of Zoning Appeals member                                                   Dr. Peter Salins

Mayor Nicholson made the following appointment, subject to the approval of the Board of Trustees, for a term of five years, said term to expire April 2016.

Landmark Commission members                                  Michael Marmor

                                                                                    Dr. Peter Salins

 

On the motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED that the aforesaid appointments made by the Mayor be and are hereby approved.

Village Law Firm

On the motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to appoint the law firm of Ackerman, Levine, Cullen, Brickman and Limmer, LLP to provide legal services for the Village for the year commencing April 2011 and ending May 2012 under the retainer agreement dated March 1, 2011, attached hereto. 

Official Village Newspaper

On the motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the Port Washington News be and hereby is designated as the official newspaper for the Village of Baxter Estates for the official year ending April 2012.

Depository Bank

On the motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED that the Bank of America be and hereby is designated as the official bank for authorized depositories for Village Funds.

Regular Meeting 8:12PM

1.     Village Clerk

A.    Minutes

On motion of Trustee Comer, seconded by Trustee Baldwin, it was  RESOLVED that the reading of the minutes of the March 3, 2011 meeting of the Board of Trustees be waived and they be and hereby are approved with corrections as presented by Clerk Whitcomb.

Mayor Nicholson      Aye Trustee Comer             Aye

Trustee Baldwin           Aye           Trustee Peckelis           Aye

Trustee Haagenson     Abstained

       2.  Treasurer

A.   Abstract of Vouchers

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the Audited Vouchers dated April 7, 2011 for the General Fund totaling $94,098.11 be and hereby are approved as prepared by Treasurer Tuck.

B.      Workers Compensation Audit.

Treasurer Tuck announced that the New York State had successfully   completed an audit of the Village.

          3.      New Business

A.   MS4 Annual Storm Water Meeting

Mayor Nicholson opened the annual MS4 Storm Water meeting and asked  Trustee Charles Comer to report  that a revised MS4 Annual Report form has been posted on the NYSDEC website. This form must be used to satisfy the 2011-2012 year reporting requirement. A discussion ensued.

                         B.    Village Hall Landscaping

The Board received proposals submitted to the Village for landscaping work.

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to award the landscaping contract for maintenance of the grounds of the Village Hall to Flores Landscaping, whose proposal was the lowest received by the Village. The Clerk was instructed to ascertain that all insurance requirements were satisfied and up to date.  In the event that the insurance are not in order, the contract for landscaping will be given to Robert Keogh, who made the second lowest proposal.

C.      Street Sweeping

The Board received proposals submitted to the Village for street sweeping work .

On motion of Trustee Baldwin, seconded by Trustee Comer, it was RESOLVED that the contract for Street Sweeping be awarded to Dejana Industries, the lowest responsible bidder, for a two year period, 2011 to 2012 and 2012 to 2013.

Mayor Nicholson      Aye
Trustee Comer          Aye
Trustee Baldwin       Aye
Trustee Peckelis       Abstained
Trustee Haagenson   Aye

D.      Village Parklands Clean up

After discussion initiated by resident Phil Daly, On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the Village shall expend an amount  not to exceed $1,000.00 for debris removal after the volunteer cleanup of the Village parkland off Central Drive and an amount not to exceed $2,000.00 to purchase and plant new trees.

E.       Public Hearing Bill No 1 of 2011-Pooper Scooper Law

At the Board’s request, following preliminary discussions at previous meetings the Village Attorney proposed language to amend the Village Code to add a “pooper-scooper” law.

 

Mr. Prior noted that, if the Board desired to conduct a public hearing with respect to the draft bill, then the bill should be introduced by Board resolution, with a determination made with respect to it under the State Environmental Quality Review Act, and that a public hearing be scheduled for the May meeting. 

 

The Board Members reviewed the proposed language and discussed same with counsel. 

 

After discussion, upon motion duly made, seconded and unanimously carried, it was

 

            RESOLVED, that:

 

            1.         The draft bill presented by the Village Attorney to the Board establishing a “pooper-scooper” law within the Village, regulating dog and cat defecation on public and private property within the Village, in the form presented by the Village Attorney, is hereby introduced as Bill No. 1 of 2011; a public hearing with respect thereto shall be held at the Village Hall on Thursday, May 5, 2011, at 7:30 p.m.; and

 

            2.         The Board has considered a short environmental assessment form prepared by the Village Attorney with respect to Bill No. 1 of 2011, and that, based upon that review and recommendation of the Village Attorney, the Village adopts a negative declaration under the State Environmental Quality Review Act with respect to Bill No. 1 of 2011; the Village Clerk and the Village Attorney are hereby authorized to take such actions as are necessary to enable the Village to hold the scheduled public hearing for Bill No. 1, including the sending of notices to all necessary parties. 

 

4. Old Business

A.     Nina and Warren Bernstein

Nina Bernstein informed the board that she had  a complaint  registered with the Department of Environmental Conservation regarding the gabion wall and fill in the rear yard of the Gallo residence at 23 Locust Avenue and that the Village may be contacted by officer assigned to the case.

Executive Session 10:20PM

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

At 10:30 PM, 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 closed at 10:30 PM.

                                                               ___________________________________

                                          Yvonne Whitcomb, Village Clerk