Board of Trustees Meeting
Village of Baxter Estates
315 Main Street, Port Washington, New York
December 6, 2012
7:30 PM
 

Present: Trustee Charles Comer
Trustee Alice Peckelis
Trustee Nora Haagenson
Village Attorney Christopher Prior
Village Clerk Yvonne Whitcomb
Treasurer Laurence Tuck

Absent: Mayor Frederick E. Nicholson

Also Present: Court Reporter Jennifer Devlin, PWWPCD, Chairman of The Board Of Commissioners, Richard Marra, Superintendent PWWPCD , Robert Breslin, Attorney, PWWPCD, Mike Ingham, Marilyn & James Sacrestano, Chris Ficalora, Harold Nicolaides, Stuart Rosen.

Public Hearing 7:35PM Planning Board 

Deputy Mayor Charles Comer opened the public hearing duly advertised in the November 23, 2012 issue of the Port Washington News to hear the Application of Port Washington Water Pollution Control District, as owner, with regard to the premises at 315 Main Street, Port Washington, NY 11050, and abutting lots, also known as Section 5, Block B, Lots 44, 146, 159 and 60, on the Nassau County Land and Tax Map, in Business A District, to approve partitioning/lot line adjustments to incorporate part of Lots 146, 159 and 60 with Lot 44, now improved with 3 story structure used as Village Hall, to establish enlarged, improved single lot to be conveyed to Village of Baxter Estates, with the remaining portions of such lots to be retained by Applicant.

A stenographic transcript of the public hearing was made and is appended to these minutes. 

Close Public Hearing 8:10PM 

Open Regular Meeting 8:12PM 

New Business

A. Resolution Authorizing Resident Chris Ficalora to Represent Village in Discussions with Banks Concerning Issuance and Sale of Village Bonds under Local Finance Law


Deputy Mayor Charles Comer observed that the Board of Trustees adopted a Bond resolution in a maximum principal amount of $394,000 at the Board’s September 6, 2012 meeting, for the purpose of financing a portion of the acquisition costs to be incurred by the Village for the real property and improvements known as 315 Main Street, Port Washington, New York. Deputy Mayor Comer noted that the proceeds of the bonds, together with other Village funds, are intended to be used to exercise an option held by the Village under its lease of premises with the Port Washington Water Pollution Control District, to acquire those premises. The Village Attorney has advised the Board, based on his discussions with special bond counsel to the Village, that local banks with offices in the Port Washington community, which serves the Village, are likely to be interested in considering the purchase of bonds issued under the Local Finance Law by the Village.


Deputy Mayor Comer noted that Village Resident Chris Ficalora, with a business and finance background, has advised the Board of Trustees that he is willing to act as a representative of the Village in contacting and interacting with representatives of local banks to ascertain interest in the acquisition of the Bonds. Mr. Ficalora advised the Board that, through his efforts to date, he believes that there is significant interest on the part of banks with offices in the Port Washington area, but that they are hesitant to pursue conversations with him concerning the Village's financing objectives without clear Village Board authorization for Mr. Ficalora to engage in such discussions on behalf of the Village.

The Board Members then discussed their desire to authorize Mr. Ficalora to perform such role on behalf of the Village.

To that end, upon motion duly made by Trustee Comer, and seconded by Trustee Baldwin, the Board:


RESOLVED, that Village Resident Chris Ficalora be, and he hereby is, authorized to Represent the Village in Discussions with Banks concerning the possible acquisition of Village Bonds to be issued by the Village under the Local Finance Law and the Bond Resolution adopted by the Village Board at its September 6, 2012 meeting, and to coordinate with the Village Board members, the Village Clerk, the Village Treasurer, and the Village Attorney, for such purposes; provided, however, that such authority is expressly limited to the foregoing purposes, and that Mr. Ficalora is not intended, and shall not be deemed, to have the authority to enter into any binding commitment, understanding or agreement on behalf of the Village or the Village Board, with respect to any transaction for the sale of bonds, or any terms or conditions under which the Village may elect to issue such bonds to any such banking institution with which Mr. Ficalora engages in such discussions.


The vote of the Trustees present on the foregoing resolution was as follows:


Trustee Comer: Aye

Trustee Baldwin: Aye

Trustee Peckelis: Aye

Trustee Haagenson: Aye



  1. Village Lighting


On motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED that the village approved not to exceed $1320.00 for proposals to repair two Village light poles.


The Board instructed the Clerk to solicit RFP’s for repair of two village light poles.


  1. Village Snow Removal


On motion of Trustee Baldwin, seconded by Trustee Peckelis, it was unanimously RESOLVED to accept the proposal of Robert Keogh Inc., attached, for snow removal for the Village Hall, 315 Main Street, and village sidewalks bordering Shore Road. The Village Hall must be plowed and shoveled prior to 8:45AM on weekdays.


D. 2013 Port Washington Fire Department Contract

On motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED to hold a Public Hearing on the proposed 2013 contract with the Port Washington Fire Department at the next Board of Trustees meeting on January 3, 2013.

E. Village Parklands Tree Clean up

The Board instructed the Clerk to solicit a minimum of three RPF’s for clearing and removal of fallen tree debris due to Hurricane Sandy.

F. Sub-lease 315 Main Street

On motion of Trustee Baldwin, seconded by Trustee Peckelis, it was unanimously RESOLVED to lease a portion of the second floor of 315 Main Street to Nina Cohen, a copy of the sub-lease is attached to these minutes.

G. Tianderah Road

On motion of Trustee Peckelis, seconded by Trustee Baldwin, it was unanimously RESOLVED to close Tianderah Road from December 6, 2012 to April 1, 2013

H. Election Workshop

On motion of Trustee Peckelis, seconded by Trustee Baldwin, it was unanimously RESOLVED to approve $120 for the Election Workshop on January 9, 2013.

2. Village Clerk

A. Minutes

On motion of Trustee Baldwin, seconded by Trustee Peckelis, it was unanimously RESOLVED that the reading of the minutes of the September 6, 2012 Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk Whitcomb.

On motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED that the reading of the minutes of the October 4, 2012 Meeting of the Board of Trustees 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 RESOLVED that the reading of the minutes of the November 24, 2012 Special Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk Whitcomb.

Trustee Comer: Aye

Trustee Baldwin: Aye

Trustee Peckelis: Aye

Trustee Haagenson: Abstained



  1. Village Treasurer


    1. Abstract of Vouchers

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that the Audited Vouchers dated December 6, 2012 for the General Fund totaling $ 27,694.56 be and hereby are approved as prepared by Treasurer Tuck. 

    1. Justice Court Audit

Resolution of the Board of Trustees of the Village of Baxter Estates adopted December 6, 2012 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 November 14, 2012 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.



Executive Session 9:34 PM to 10:15 PM

Resume Regular Meeting 10:30PM

Planning Board Resolution

Village of Baxter Estates Planning Board

Resolutions as to SEQRA and Partitioning Approval

Application of Port Washington Water Pollution Control District,

with Village of Baxter Estates as Co-Applicant

Address: 315 Main Street

(Public Hearing – December 6, 2012)

(as adopted December 6, 2012)


DESIGNATION AS LEAD AGENCY FOR

ENVIRONMENTAL REVIEW AND NEGATIVE DECLARATION


RESOLVED:


WHEREAS, the Planning Board of the Village of Baxter Estates (the “Planning Board”) has received the application of The Port Washington Water Pollution Control District (the “Applicant”), as owner of the premises located in a Business A zoning district of the Village and known as 315 Main Street, Port Washington, New York, also known as Section 5, Block B, Lots 44, 146, 159 and 60 on the Nassau County Land and Tax Map (the “Subject Premises”), to adjust the lot lines of the various lots to establish contiguous portions of the Subject Premises, now improved with a three story structure and accessory improvements, as a separate lot for purposes of the Village Zoning Code, for the purpose of enabling the Applicant to convey same to the Village,


WHEREAS, the Village, as holder of an option to acquire the proposed separate lot to be created, joins in the Application as co-applicant; and


WHEREAS, the Planning Board has conducted a public hearing with respect to said application, and has reviewed all materials submitted in connection with the application, as well as all materials submitted by, and testimony received from, persons in support of the application, none being offered in opposition thereto; and


WHEREAS, the application constitutes an “unlisted action” for purposes of the New York State Environmental Quality Review Act (“SEQRA”), and the rules and regulations promulgated thereunder, requiring that a determination be made by the Planning Board with respect to the environmental significance of the application, if same were to be approved, before the Planning Board may consider the substance of the Application,


NOW, THEREFORE, the Planning Board hereby (i) designates itself as lead agency under SEQRA with respect to the environmental quality review of the Application, and (ii) having conducted an “uncoordinated” review under SEQRA, and reviewed the materials submitted, including a Short Environmental Assessment Form prepared by the Applicant, and testimony received at the public hearing, determines that the proposed partitioning, which will not create any new developable lots within the Village, but will join, into a single building and zoning lot, contiguous portions of the Subject Premises that presently function as such, is not likely to have a significant adverse impact upon the environment, and so the Planning Board adopts a negative declaration with respect to the Application under SEQRA and the rules and regulations promulgated thereunder.


PARTITIONING/SUBDIVISION APPROVAL

RESOLVED,

WHEREAS, the Planning Board has considered the application of The Port Washington Water Pollution Control District (the “Applicant”), as owner of the premises located in a Business A zoning district of the Village and known as 315 Main Street, Port Washington, New York, also known as Section 5, Block B, Lots 44, 146, 159 and 60 on the Nassau County Land and Tax Map (the “Subject Premises”), to adjust the lot lines of the various lots to establish the Subject Premises now improved with a three story structure and accessory improvements, as a separate lot for purposes of the Village Zoning Code, for the purpose of enabling the Applicant to convey same to the Village (the “315 Main Street Parcel”);


WHEREAS, the Village, as holder of an option to acquire the proposed separate lot to be created, joins in the Application as co-applicant; and


WHEREAS, the Planning Board has considered the application and the partitioning map and all statements and data submitted to the Planning Board with respect to them;


WHEREAS, the Planning Board has designated itself as lead agency under the New York State Environmental Quality Review Act with respect to the environmental review of this unlisted action, determined that the implementation of it is not likely to have a significant adverse impact on the environment and adopted a negative declaration with respect to it;


WHEREAS, the members of the Planning Board have inspected the Subject Premises and the surrounding area;


WHEREAS, a public hearing was held with respect to the application and partitioning map and all people present at the hearing were heard or were given an opportunity to be heard;



NOW, THEREFORE, THE BOARD DETERMINES AS FOLLOWS:


  1. The Water Pollution Control District was represented by Michael Ingham, Esq., its counsel, Bob Breslin, Superintendent of the District, and Richard Marra, Chairman of the District’s Board of Commissioners.

  2. The partitioning map presented in the Application is entitled:


Survey of Property: 341 Main Street, Port Washington, Incorporated Village of Baxter Estates,” date of survey May 5, 2009, Stake-out for Property Line: January 11, 2010, prepared by Alphonse Pesce, Jr., L.L.S., NYS License No. 048365 (the “1/11/10 Pesce Partitioning Plan”).


  1. The Applicant, by Mr. Ingham, advised the Planning Board that the 1/11/10 Pesce Partitioning Plan as submitted is being recreated by the consulting engineers for the Water Pollution Control District, Dvirka & Bartilucci (“D&B”), in order to provide more detail, such as contours, so that the requirements of the Nassau County Planning Commission with respect to the partitioning map can be satisfied.

  2. The Planning Board notes that the Nassau County Planning Commission shares jurisdiction over the proposed lot line adjustment and partitioning with the Village Planning Board. Therefore, application must be made to and approval obtained from, the Nassau County Planning Commission, before the contemplated lot line adjustment, and subsequent conveyance of the 315 Main Street Parcel to the Village, can be accomplished. The Village Planning Board understands that the revised version of the 1/11/10 Pesce Partitioning Plan to be prepared by D&B in order to satisfy the requirements of the Nassau County Planning Commission (the “NCPC-Compliant Partitioning Plan”) will be identical to the 1/11/10 Pesce Partitioning Plan, with respect to the depiction, dimensions and metes and bounds delineations of the property lines of the 315 Main Street Parcel.

  3. The Planning Board notes that the 315 Main Street Parcel proposed to be created under the Application would require zoning variances, before any subdivision approval granted by the Planning Board could become effective, if such Parcel was to be owned by an entity subject to the Village’s Zoning Code. However, the Planning Board has been advised by the Village Attorney that the Village, as intended transferee of the 315 Main Street Parcel, and as co-applicant with respect to the Application, is exempt from the Village’s zoning requirements pursuant to Section 1-14 of the Village Code. Therefore, the 315 Main Street Parcel is being treated as exempt from compliance with Zoning Code provisions pursuant to Section 1-14 of the Village Code.

  4. The Applicant does not propose any present construction in connection with this Application, which is intended to establish a single building and zoning lot, already improved with the three-story building, known in the Village as the “Bird House,” that presently serves as the Village Hall under a lease between the Water Pollution Control District, as landlord, and the Village, as tenant.


  1. The members of this Planning Board serve also as the elected members of the Board of Trustees of the Village, and so are uniquely familiar with the contemplated use of the Subject Premises in the event that this Application is granted, and the 315 Main Street Parcel is conveyed to the Village. In short, the Village intends to maintain the existing structure at the Subject Premises as its Village Hall, with unused portions thereof available for lease to appropriate tenants.


  1. The Board finds that, if the application is granted and the 315 Main Street Parcel is conveyed to the Village, then the proposed use will be identical to the use to which the Subject Premises have been put for the past several years. Therefore, there will be no material adverse impact upon surrounding properties, the neighborhood, or the community, including, without limitation, due to vehicle and pedestrian traffic, as no change is planned.


  1. The Water Pollution Control District presented to the Board an additional drawing, a survey by Mr. Pesce dated November 14, 2012, entitled “Survey for Port Washington Sewer District, Main Street and Shore Road, Port Washington” (the “11/14/12 Pesce Survey”). The 11/14/12 Pesce Survey includes the 315 Main Street Parcel, as well as surrounding areas, and depicts easement areas outside of, but in close proximity to, the rear, northerly portion of the 315 Main Street Parcel. The portions of those easements in closest proximity to the 315 Main Street Parcel lie within Lot 160, being retained by the Water Pollution Control District for possible subsequent conveyance to the Town of North Hempstead.


  1. The District is a public utility providing waste water and sewer services to the community, including the 315 Main Street Parcel. The District owns sewer mains and related appurtenances below grade on portions of the Subject Premises. The 11/14/12 Pesce Survey refers to the “Reputed Location of Force Main,” and depicts an associated easement across Lot 160. District Superintendent Breslin advised the Board that the force main with respect to which that easement is established lies entirely outside of the 315 Main Street Parcel, and there would be no foreseeable need to enter upon the 315 Main Street Parcel to work on the force main. The Board finds that an easement with respect to the District’s below-grade mains and related infrastructure would appropriately encumber the 315 Main Street Parcel, only if and to the extent that any mains, lines or appurtenances owned by the District lie in, on or under the 315 Main Street Parcel or in such close proximity to it that access upon it is necessary to work on such District infrastructure. Superintendent Breslin noted that the only lines or other appurtenances in or under the 315 Main Street Parcel are service lines that serve only the Bird House, and which are owned by the owner of the 315 Main Street Parcel.


  1. Nevertheless, in the event that it is subsequently determined that the District requires an easement upon the 315 Main Street Parcel in order to repair, maintain or replace any District infrastructure upon or under any lot abutting the 315 Main Street Parcel, any such easement instrument should be granted or created only if it shall obligate the District and any successor entity to maintain, repair and replace same, as warranted in the performance of its function, as determined by its Board of Commissioners, and to indemnify owners of the Subject Premises with respect to loss, liability, damage, cost, claims, causes of action and the like that may arise out of or in connection with the existence of such below-grade mains and related infrastructure, now or hereafter existing under or in close proximity to the 315 Main Street Parcel, and any maintenance, repair or replacement work performed by or on behalf of the District, or any successor entity thereto, with respect thereto.


  1. The Board notes that the retaining wall on the 315 Main Street Parcel along or in close proximity to the westerly side property line of the 315 Main Street Parcel, apparently forms, together with portions of the westerly wall of the Bird House, a boundary, or outfield wall, for ball-fields abutting the 315 Main Street Parcel to the west. The Board finds that appropriate easements in favor of the owners from time to time of such abutting parcel to the west shall be required to permit the continued use, maintenance, repair and replacement of the portion of the 315 Main Street Parcel along its westerly side, between its westerly side property line and the westerly wall of the “Bird House” and such retaining walls (the “Ball Field Easement Area”), until such time as such lot ceases to be used for ball-field purposes. The Board finds that the owners in whose favor such easement runs should indemnify the owner of the 315 Main Street Parcel with respect to loss, liability, damage, cost, claims, causes of action and the like that may arise out of or in connection with the existence of such ball fields and the use of the Ball Field Easement Area, and any maintenance, repair or replacement work performed by or on behalf of the owners of such abutting parcel, with respect thereto. To that end, the Board finds that such an easement should encumber the 315 Main Street Parcel, as a condition to this approval.


  1. The Planning Board has determined, in light of the fact that there is no presently contemplated development on any portion of the Subject Premises, to waive the requirement for any additional documentation and submissions by the Applicant beyond those contained in their original application to this Board and the materials presented at the December 6, 2012 public hearing.


  1. The Board also waives, to the extent applicable, any requirement that the Applicants submit a preliminary and final subdivision plat, as the Board is treating the application as one for final partitioning/subdivision approval.


  1. The Board is obligated to consider each subdivision or partitioning application for any potential impact on Village park and recreation facilities, pursuant to the Village’s rules relating to subdivisions.


  1. This Board finds that the lot line adjustment and partitioning contemplated hereunder, merely establishing as a single building and zoning lot the assemblage of portions of lots now used for the single purpose of the Village Hall structure at 315 Main Street, is not an appropriate circumstance to require an increase in park and recreational facilities in the Village, in light of present and anticipated future needs for park and recreational facilities in the Village. The Board notes that the application is extraordinarily unique, both in its purpose, and the fact that the Application is brought by another governmental agency, with the Village itself joining as co-applicant as described above, and that no new physical development will result from any approval. Therefore, there is no need or purpose for any contribution to the Village’s Parkland Trust Fund.


  1. Pursuant to Section 334-a of the Real Property Law of the State of New York, the Board hereby waives the necessity for the filing of the final plat in the Nassau County Clerk’s office, provided that, within 180 days after filing with the Village Clerk of the final decision of the Nassau County Planning Commission with respect to the companion application for minor subdivision or partitioning approval, as described above, a deed is recorded with the Nassau County Clerk’s Office conveying the 315 Main Street Parcel to the Village, and a copy of said deed and proof of recording are delivered to the Village within fifteen (15) days thereafter. The Applicant may request an extension of time to file such deed by application to this Board, for which no public hearing shall be required.


  1. The Planning Board hereby grants the Application, and approves the 1/11/10 Pesce Partitioning Map in the form submitted by the Applicant, as same may be amended, modified and restated, in order to satisfy the Nassau County Planning Commission, whether by Mr. Pesce, or D&B or any other licensed professional authorized to prepare subdivision and partitioning maps in the State of New York, provided that the layout and dimensions of the 315 Main Street Parcel are substantially identical to the lot layout and dimensions depicted in the 1/11/10 Pesce Partitioning Plan. Such approval is hereby conditioned upon the following:


  1. To the extent that it is determined that any portion of the District’s force main or other below-grade infrastructure lies below, or in close proximity to the 315 Main Street Parcel, such that same must be maintained, repaired or replaced from positions on the 315 Main Street Parcel, an easement in form satisfactory to the Village Attorney shall be recorded against the 315 Main Street Parcel in favor of the Port Washington Water Pollution Control District, allowing the continued maintenance, and ongoing maintenance, repair, and replacement of below-grade sewer mains and related appurtenances, including indemnity provisions in favor of the Village, as described in the findings above;


  1. An easement in form satisfactory to the Village Attorney shall be recorded against the 315 Main Street Parcel, in favor of the owner of the lot abutting the 315 Main Street Parcel to the west, allowing the continued use of and ongoing maintenance, repair, and replacement of the existing portions of ball-fields, and related appurtenances in the Ball-Field Easement Area, including indemnity provisions in favor of the Village as described in the findings above; said instrument shall provide that the obligations of the Village, as owner of 315 Main Street parcel, with respect to such retaining walls, shall be to repair, maintain or replace same, only as the Village may elect, in its sole discretion.


  1. Within 120 days after the filing with the Village Clerk of the final decision of the Nassau County Planning Commission granting the companion application to that Commission seeking minor subdivision and/or partitioning approval, with respect to the 315 Main Street Parcel, a deed shall be recorded with the Nassau County Clerk’s Office conveying the 315 Main Street Parcel to the Village, and a copy of said deed and proof of recording shall be delivered to the Village within fifteen (15) days hereafter. The Applicant may request an extension of time to file such deed by application to this Board, for which no public hearing shall be required.



On motion of Trustee Baldwin, seconded by Trustee Peckelis, it was unanimously RESOLVED to approve the partitioning/lot line adjustments to incorporate part of Lots 146, 159 and 60 with Lot 44, to establish enlarged, improved single lot to be conveyed to Village of Baxter Estates, with modifications, as presented by village counsel.



There being no further business before the Board, on motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that the meeting be and hereby is closed at 11:25 PM.