Board of Trustees

Village of Baxter Estates

315 Main Street, Port Washington, New York

April 4, 2013

7:30 PM



Present: Mayor Frederick E. Nicholson

Trustee Charles Comer

Trustee Douglas Baldwin

Trustee Alice M. Peckelis

Trustee Nora Haagenson

Village Attorney Christopher Prior

Village Clerk Yvonne Whitcomb

Treasurer Laurence Tuck


Also present: Court reporter James Gill, Gale D. Berg


Annual Meeting 7:30PM


Attorney Prior led the Board in the Pledge of Allegiance.


Mayor Frederick E. Nicholson was sworn in for a two-year term by Attorney Prior.

Trustee Charles Comer was sworn in for a two-year term by Attorney Prior.

Trustee Nora Haagenson was sworn in for a two-year term by Attorney Prior.

Acting Justice Gale D. Berg was sworn in for a one year term by Attorney Prior


Close Annual Meeting


Public Hearing 7:40PM

Mayor Nicholson opened the public hearing duly advertised in the April 4, 2013 issue of the Port Washington News, to consider the adoption of the proposed budget for the fiscal year commencing June 1, 2013 and ending May 31, 2014.

Treasurer Tuck spoke about the Tentative Budget.

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to adopt the budget for the fiscal year commencing June 1, 2013 and ending May 31, 2014 for $717,288.00.

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

Close Public Hearing 7:50PM

Re-Open Annual Meeting

Appointments

Mayor Nicholson made the following appointments subject to the approval of the Board of Trustees for terms of one year, said terms to expire April 2014.

Storm Water Runoff Officers Fred Nicholson, Charles Comer
Village Prosecutor Michelle Prior
Tree Commissioner Lance Wagner
Deputy Mayor Charles Comer
Village Attorney Christopher Prior
Village Building Inspector Joseph Saladino
Building Inspector Liaison Douglas Baldwin
Commissioner of Public Works Alice Peckelis
Environmental Commissioner Nora Haagenson
Deputy Environmental Commissioner Alice Peckelis
Planning Board Board of Trustees
Acting Justice Gale D. Berg
Village Court Clerk Linda Kropacek
Operations Officer Douglas Baldwin

On motion of Mayor Nicholson, seconded by Trustee Comer, it was unanimously
RESOLVED to appoint Yvonne Whitcomb, as Village Clerk for a one year term , said to expire April 2014.

On motion of Mayor Nicholson, seconded by Trustee Comer, it was unanimously
RESOLVED to appoint Laurence Tuck, as Village Treasurer for a one year term, said to expire April 2014.

Mayor Nicholson made the following appointments subject to the approval of the Board of Trustees for terms of five years, said terms to expire April 2018.

Landmark Commission Members 5 year term 2013-2018 Gerald Hallissy,

4 year term 2013-2017 Chris Ficcalora


Board of Appeals Member 5 year term 2013-2018 Dr. William Haagenson

Village Representatives to:

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

Village Newspaper Port Washington News
Village Depository Bank Bank of America

Village Court Bank Chase

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

Village Law Firm

On motion of Trustee Comer, seconded by Trustee Haagenson, 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 1, 2013 under the retainer agreement dated March 14, 2013 attached hereto.

Official Village Newspaper

On motion of Trustee Comer, seconded by Trustee Haagenson, 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 2014.

Depository Bank

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that the Bank of America be and hereby is designated as the official bank for authorized depositories for Village Funds for the year ending April 2014.


Village Court Bank

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that Chase be and hereby is designated as the official bank for authorized depositories for Village Court Funds for the year ending April 2014.

Meetings of the Board of Trustees

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED that 315 Main Street, Port Washington, New York be and hereby is designated as the place of the regular meetings of this Board until further notice and that the day and time of said regular meetings shall be 7:30PM, on the first Thursday of each month.

Regular Meeting :

1. Village Clerk

  1. Minutes

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the reading of the minutes of the March 7, 2013 meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk Whitcomb.

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the reading of the minutes of the March 9, 2013 special meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk Whitcomb

2. Treasurer

  1. Abstract of Vouchers

On motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED that the Audited Vouchers dated April 4, 2013 for the General Fund totaling $25,903.48 be and hereby are approved as prepared by Treasurer Tuck.

  1. Procurement Policy

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to re-adopt the Village’s Procurement Policy, as prepared and presented by Village Attorney Chris Prior.

  1. Budget Modification 2012-2013

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED to adopt the modified budget as presented by Treasurer Tuck.

  1. Capitalization Policy

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the expenditures for furniture, fixtures and equipment for less than $1,000.00 be treated as an expenditure and $1,000.00 or more be capitalized.

  1. Investment Policy 2013

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to renew the Village’s Investment Policy for one year. 2013-2014.

  1. Leaf Contract Payment: Dom’s Lawn Maker

On motion of Trustee Comer, seconded by Trustee Baldwin it was unanimously RESOLVED that the Treasurer cut a new check in payment of the Leaf Contract for the adjusted amount of $17, 567.85.

3. Old Business

  1. Maier curb cut

Mayor Nicholson noted that the Board had deferred action on the application of Rob and Shanna Maier, of 9 Hillside Ave., requesting approval a second curb cut for their premises to construct a second driveway. While Mr. Maier presented his case at the last Board Meeting, the Board had received written comments from neighbors raising concerns about the proposal. The Board members noted that those neighbors had now communicated to the Village their consent to the project, provided that certain concerns were addressed.


The Board noted that, while decisions concerning such applications must be made by the Board, the Board takes into account all reasonable concerns raised by neighbors.


Upon motion duly made by Trustee Baldwin and seconded by Trustee Peckelis, the Board unanimously:


RESOLVED, to approve the application of Rob and Shanna Maier, 9 Hillside Ave., for a second curb cut for their premises, subject to the following conditions:


  1. The width of the curb cut, and the portion of the driveway beginning at the curb cut and extending 25 feet therefrom toward the home, shall not exceed 12 feet;

  2. The width of the driveway from that point to the easterly facing wall of the home shall not exceed 24 feet;

  3. No carport, garage, or other structure shall be constructed on, next to or over any portion of the driveway or curb cut;

  4. No vehicles shall be parked, or allowed to stand in any portion of the driveway that is 12 feet wide;

  5. All parking and standing of vehicles shall occur in the wider portion of the driveway;

  6. Evergreen plantings shall be planted and maintained, along the southerly edge of the portion of the driveway permitted to be 24’ wide at a height above grade of not less than 4 feet, to create a visual buffer and screen from vantage points on Hillside.



4. New Business

A. Deputy Village Clerk

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED to create the position of Deputy Village Clerk

  1. Street Sweeping Contract

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the Village Clerk be granted authorization to solicit bids pursuant to the competitive bidding process for the years 2013 and 2014.

  1. Landscaping Maintenance of Village Hall, 315 Main Street

On motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED to award Spring Cleanup of the front of the Village Hall property, 315 Main Street, to Robert Keogh for the sum of $450.00.

  1. Village Beach Maintenance

On motion of Trustee Haagenson, seconded by Trustee Baldwin, it was unanimously RESOLVED to award Baxter Beach maintenance to Robert Keogh for the sum of $1,400.00.

  1. Tianderah Road Repair

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously
RESOLVED to award the repair of the left side of Tianderah Road to Robert Keogh for the sum of $320.00.

  1. Tianderah Fence Repair

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to award the repair of the fence on Tianderah Road to Robert Keogh for the sum of $3,750.00.

  1. Parkland Tree Removal

On motion of Trustee Comer, seconded by Trustee Haagenson, it was unanimously RESOLVED to award the removal of the tree in Village Parklands behind the Pierre Apartments to Robert Keogh for the sum of $1,420.00, providing that LIPA is unwilling to remove it.

  1. MS4 Annual Storm Water Report

Trustee Comer reported that the Annual Report for the year 2012-2013 was available.

  1. Bill No 1 of 2013

Village Attorney Christopher Prior advised the Board that he had amended the form of a bill previously presented to the Board addressing applications for curb cuts within the Village, to eliminate the authority of the Village Clerk unilaterally to determine applications for single curb cuts for parcels within the Village. Under the revised draft, the Board of Trustees must consider for approval all applications for curb cuts, while giving neighbors within 200 feet of the affected parcel prior notice of the meeting at which the Board would consider same. Mr. Prior noted that the short environmental assessment form previously prepared remains applicable to the revised version of the bill, and reflects that there would be no adverse environmental impact should the bill be enacted into law by the Board of Trustees.


Trustee Baldwin then introduced the proposed bill, which the Village Clerk stated would be designated Bill #1 of 2013.


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


WHEREAS, the Board of Trustees has considered bill No. 1 of 2013 addressing curb cut applications, as prepared by counsel, along with the short environmental assessment form prepared by counsel with respect thereto; and


WHEREAS, the Board has determined that consideration of such bill is an unlisted action for purposes for New York State Environmental Quality Review Act, and that this Board is the only interested or involved governmental agency with respect to such consideration; and


WHEREAS, the Board has determined that, should the bill be introduced and ultimately enacted into law, it will have no adverse impact upon the environment, but should, in fact, positively impact environmental factors, as it will provide a forum for enhanced analysis of the impact of curb cuts on pedestrian and vehicular traffic within the Village,


NOW, THEREFORE, it is hereby


RESOLVED, that:

  1. this Board be, and it is hereby is, declared to be lead agency with respect to the consideration of the proposed bill;


  1. this Board makes a negative declaration with respect to the proposed bill under the New York State Environmental Quality Review Act; and

  2. a public hearing to consider Bill #1 of 2013 shall be held by the Board at 7:30 p.m., on May 2, 2013, at the Village Hall, to be duly noticed by publication and posting.






There being no further business before the Board, on motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the meeting be and hereby is closed at 10:25PM.

_________________________________________

Yvonne Whitcomb, Village Clerk












































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