Board of Trustees

Village of Baxter Estates

315 Main Street, Port Washington, New York

November 3, 2011

7:30 PM


Present: Mayor Frederick E. Nicholson

Trustee Douglas Baldwin

Trustee Alice M. Peckelis

Trustee Nora Haagenson

Attorney Christopher Prior

Village Clerk Yvonne Whitcomb

Treasurer Laurence Tuck


Absent: Deputy Mayor Charles Comer


Also present: Evelyn Klein, Court Reporter


Open Regular Meeting 7:30p.m.


Treasurer Tuck opened the meeting with the Pledge of Allegiance to the flag.


Mayor Nicholson called for a moment of silence in memory of village residents Hailey Fuchs and Muriel Landsberg, who passed away last month.


Public Hearing 7:44pm.


Mayor Nicholson opened the public hearing duly advertised in the October 27, 2011 issue of the Port Washington News to consider Bill No 2 of 2011, a proposed Local Law a proposed local law to amend §175-16, “Accessory structures,” and §175-17, “Accessory buildings,” of Chapter 175, “Zoning,” of the Village Code of the Village of Baxter Estates to exempt retaining walls from property line setback and location restrictions, and to correct an editing error as follows:


Clause “B” of Section 175-16, “Accessory Structures,” of Chapter 175, “Zoning,” of the Village Code to be amended to read as follows:


B. Retaining walls shall not extend above the surface of the ground which they support. Retaining walls may be located in any yard, and shall not be subject to any restrictions contained in this Chapter requiring a distance between any structure and a property line.”


Clause “B” of Section 175-17, “Accessory Buildings,” of Chapter 175, “Zoning,” of the Village Code to be amended to read as follows:


B. Unless otherwise provided in this article, accessory building and /or structures shall be located in the rear yard and shall be not less than 10 feet distant from the main building and not less than three feet distant from the side and rear property lines .”



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


On motion of Trustee Baldwin, seconded by Trustee Peckelis, it was unanimously RESOLVED to close the hearing.


Regular Meeting at 7:57pm


On motion of Trustee Baldwin, seconded by Trustee Peckelis, that Bill No. 2 of 2011 be adopted as Local Law No 2 of 2011.


1. Village Clerk

  1. Minutes

On motion of Trustee Baldwin, seconded by Trustee Peckelis it was unanimously RESOLVED that the reading of the minutes of the September 8, 2011, Board of Trustees Meeting be waived and they be and hereby are approved as presented by Clerk Whitcomb.

On motion of Trustee Baldwin, seconded by Trustee Peckelis, it was unanimously RESOLVED that the reading of the minutes of the October 6, 2011 Board of Trustees Meeting be waived and they be and hereby are approved as presented by Clerk Whitcomb.

The Minutes of the October 20, 2011 Board of Trustees meeting were tabled.

  1. Treasurer


A. Abstract of Vouchers


On motion of Trustee Baldwin, seconded by Trustee Peckelis, it was unanimously RESOLVED that the audited Vouchers presented by Treasurer Tuck, dated November 3, 2011 for the General Fund totaling $44,340.43 be and hereby are approved.


  1. Safe Deposit Box


Treasurer gave a report and listing of contents of the village safe deposit box at Bank of America. A copy of the report is attached to these minutes.



  1. New Business


A.Village Justice Court Audit 

Resolution of the Board of Trustees of the Village of Baxter Estates adopted November 3, 2011 with respect to audit of Village Justice Court Records 

WHEREAS, pursuant to Section 2019-a of the Uniform Justice Court Act, the Board of Trustees of the Village is required to confirm that the records and dockets of the Village Justice Court be audited, and that the fact of that auditing be reflected in the minutes of the proceedings of this Board, and 

WHEREAS, the Village Board has caused the independent auditing firm Skinnon, Faber & Heck, CPA, P.C. (the “Auditor”), to audit and examine the records and dockets of the Village Justice Court, and 

WHEREAS, the Auditor has submitted to the Village its report dated September 29, 2011 of the records of the Village Justice Court required under Uniform Justice Court Act § 2019-a (the “Justice Court Audit Report”), and

 

WHEREAS, the Village Board desires to comply with the Uniform Justice Court Act § 2019-a, and to reflect in the minutes of its proceedings that such audit has occurred,            

    NOW, THEREFORE, IT IS HEREBY: 

RESOLVED, that the Board of Trustees of the Village of Baxter Estates does hereby acknowledge that the audit of the records of the Village Justice Court required under Uniform Justice Court Act § 2019-a has been conducted, and that the Justice Court Audit Report has been received by the Board, and it is hereby further, 

RESOLVED, that the Village Clerk forward to the New York State Office of Court Administration a copy of said Justice Court Audit Report and a copy of this Resolution.

  B. 315 Main Street attic insulation

On motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED that Robert Keogh install insulation in the attic of the Village Hall for a cost not to exceed $3,000.00.

C. Village Tree Trimming and Removal

On motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED that the following trees on village property be trimmed or removed for a cost not to exceed $18,000.00.

Trim tree in front of 30 Tianderah Road

Trim tree on High Street across from Shields Hardware

Remove two trees in front of 2 Shoreview Road

Remove two trees in front of 2 Hilltop Road

Remove one tree in front of 2 Harborview Road

Remove six trees on Hilltop Road


  1. Tianderah Road

On motion of Trustee Peckelis, seconded by Trustee Baldwin, it was unanimously RESOLVED to close Tianderah Road December 15, 2011 to April 1, 2012.



There being no further business before the Board, on motion of Trustee Peckelis, seconded by Trustee Baldwin, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 10:36PM





Yvonne Whitcomb, Village Clerk






 

 

     



















5