Board of Trustees
Village of Tarrytown
Regular Meeting No. 23
January 22, 2008 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern, and Zollo; Village Administrator McCabe; Village Treasurer Hart; Village Engineer McGarvey; Chief of Police Brown; Recreation Supervisor Arduino; Village Attorney Shumejda; and Village Clerk Booth
The meeting began with the Pledge to the Flag.
REPORTS
Mayor Fixell reported on the following:
- Starting in February, meetings will be held on a new approach to the Tappan Zee Bridge re-construction project. The general idea will be to separate the bridge and highway improvements. The Mayor invites anyone who has interest in the Tappan Zee mass transit and highway improvements project to attend these meetings and make your concerns known. They have not announced the date of the meetings yet.
- This Thursday, the Mayor will be going to Long Island to a hearing on the proposed Rye to Oyster Bay tunnel, planned by a private developer. While this plan sounds like a nice idea for Long Island, the likely impact of doing this would be to draw an enormous amount of additional truck traffic onto the Tappan Zee Bridge and onto 287 as it makes its way to this new tunnel. Mayor Fixell is going along with the Mayor of Rye and the Supervisor of Mamaroneck to testify at this hearing. If it does get beyond this stage, the public in Tarrytown and Westchester should be very aware of this and make their concerns to the State authorities who will
be largely controlling this process.
Trustee Basher reported on the following:
- It was noted recently in the newspaper that there had been theft of side view mirrors in the Castle Heights and Ridgecroft areas and to our good police work, they apprehended all the suspects and would like to recognize our Tarrytown Police Department for a job well done.
- Last week Trustee Basher met with the Verizon representatives along with the Town of Greenburgh, Irvington and Ardsley and he was told that our Board of Trustees and the Planning Board meetings would be going over the air in their entirety on Channel 35 for Verizon cable customers. Verizon has also agreed to provide us a 24-hour feed for our local Government Channel which will take 6 – 8 weeks to finalize.
Con Edison Tree Trimming Program
Matt Glasser, Manager of the Line Clearance program for Con Edison for the Bronx and Westchester, stated that a year ago, Con Ed started a new enhanced program in Westchester County in response to poor performance of our system during 2006. We increased our clearances from 6 ft. on either side and 10 ft. above to 10 ft. on either side and 15 ft. above. We are also improving our communications with each community to form a partnership. We will speak to each municipality and send out mailers to the customers ahead of time. Also, a couple of weeks before we start the work, we have someone go door-to-door to leave notification to let them know that we will be trimming trees in front of their house. If it is an extensive trimming or a tree removal, we would get written permission from the Village
or the customer. Our goal is to provide reliable service and maintain the beauty of the community and also make sure that no one comes home to a surprise. This system has worked well so far. This is a three-year cycle of which we are in the second year of the cycle. By 2009, we will be finishing the entire 2700 miles of wires in Westchester County. Another goal of the program is to win the National Arbor Day Foundation’s Tree Line USA Award. That’s given to utilities that have the best management program. We have a maintenance guide to help educate the public on topics like what type of tree and where a tree should
be planted. This guide is also available on our website at www.coned.com; one of our hot links is on tree trimming and it will give you all the information in the guide. We also have on our website, the listings of street names that we will be working on in 2-3 month increments. They should be starting to work in Tarrytown by the 1st week of February. Trustee Basher asked that Con Ed be in touch with both Eric Clingen, Chairman of our Tree Commission and with the Department of Public Works so they can be aware
and can have someone there to represent our Village. Matt Glasser stated that he would contact Eric and DPW. Matt Glasser also stated that another way to communicate with Con Ed is at bwlineclearance@coned.com. You can communicate any of your concerns and if you would like a paper copy of our guide, we will be mail it to you. We also have an 800 number to contact us at 1-800-75-ConEd. Con Ed does not have a tree replacement program at this time. Trustee Butler asked what days and times they would be doing this work and if they knew when they would be on a certain block. Matt Glasser stated mostly Monday – Friday between 7 a.m. – 3:30 p.m. He stated that he would let the Village know on a weekly basis, but he follows the circuit lines and does not necessarily go by streets. The Board agreed that the contact for Con Ed would be Mike McGarvey, Village Engineer.
Eric Clingen, Chairman of the Tarrytown Tree Commission, stated that the Con Ed program has been very controversial. He attended a meeting with Con Ed at County Center and heard the reports from the Mayor of Elmsford and other communities who were very mad accusing Con Ed of destroying their streets in Elmsford. He thinks Con Ed is capable of doing a good job, but he thinks that they have to be watched closely. The Town of Greenburgh passed a special ordinance for Con Ed which precluded Con Ed from doing any work without a rigorous system of notification. The draft form that he read of this ordinance had a provision of replacing trees. He doesn’t know how this ordinance will work out. Matt Glasser stated that the meeting at the County Center was very early into our program and we
have learned the importance of notification and have grown from those mistakes. Mayor Fixell stated that our vigilance will be very important. Matt Glasser stated that they use contractor crews. Eric Clingen stated that in our latest revision of our tree ordinance, any extensive tree work on public or private spaces requires a certified arborist to oversee work at our choosing and their expense.
Matt Glasser stated that he has three arborists on his staff and if the Village chooses to have their own arborist that would be the Village’s decision. He believes three arborists are sufficient.
ANNOUNCEMENT OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 4,2008 REGARDING THE REQUEST OF “EF EDUCATION FIRST,” PURCHASER OF THE FORDHAM/MARYMOUNT CAMPUS, FOR A COMPATIBLE USE PERMIT, WHICH REQUEST SHALL BE REFERRED TO THE TARRYTOWN PLANNING BOARD FOR A RECOMMENDATION
Mayor Fixell stated that EF is the Foreign Language School that currently operates in a small portion of the Fordham/Marymount campus. They are proposing to purchase the entire campus and expand their program. Currently they have approximately 300 students and they are proposing to expand to 800 – 1000 students. They are a private profit-making institution, so they would come back on the tax rolls. The proposal is to use the existing buildings and the campus would remain as it is. This proposal will be reviewed by the Planning Board. The Planning Board will make a recommendation to the Village board as to what to do with the Compatible Use Permit since the College operates under this Compatible Use Permit under our zoning. It is not as of right zoning.
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby refers to the Planning Board for recommendation at the request of EF Education First, purchaser of the Fordham Marymount campus, for a Compatible Use Permit.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: SPEAKERS HAVE 5 MINUTES BEFORE YIELDING TO THE NEXT PERSON: THEN 3 MINUTES FOR ADDITONAL COMMENTS
Mayor Fixell questioned whether anyone wished to address the Board on any matter. No one appeared.
RESOLUTION AUTHORIZING AN APPLICATION FOR FUNDING FROM THE NEW YORK STATE DEPARTMENT OF STATE FOR THE VILLAGE’S HUDSON RIVER WATERFRONT PARKS REDEVELOPMENT PROJECT
Trustee McGee moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes Stephen A. McCabe, Village Administrator, to submit an application to the New York State Department of State Division of Coastal Resources/Environmental Protection Fund for funding up to $3,500,000, with a local match of 50% (in-kind services or cash match) for Tarrytown’s Hudson River Waterfront Parks Redevelopment Project. The project includes the creation of the new Scenic Hudson RiverWalk Park, reconstruction of the adjacent Pierson Park and restoration of the Andre Brook Hudson River tributary.
APPOINTMENT OF A RECORDS ADVISORY COMMITTEE
Trustee Basher moved, seconded by Trustee McGee, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the appointment of Trustee Robert Hoyt, Administrator Steve McCabe, Clerk Carol Booth, Planning and Zoning Secretary Kathy D’Eufemia, and Chief of Police Scott Brown to the position of members of the Records Advisory Committee for a term to expire in April of 2009.
A RESOLUTION PROVIDING FOR THE RE-CREATION OF A RECORDS MANAGEMENT PROGRAM IN THE VILLAGE OF TARRYTOWN
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried that the following be approved: Approved: 7-0
BE IT ENACTED, by the Board of Trustees of the Village of Tarrytown as follows:
Section 1. DEPARTMENT, OFFICER
There shall be a records management program established under the auspices of the Records Management Officer. The officer will be responsible for administering the non-current and archival public records and storage areas for the Village in accordance with local, state and federal laws and guidelines.
Section 2. POWERS AND DUTIES
The Records Management Officer shall have all the necessary powers to carry out the efficient administration, determination of value, use, preservation, storage and disposition of the non-current and archival public records kept, filed or received by the offices and departments of the Village .
(A) The Records Management Officer shall continually survey and examine public records to recommend their classification so as to determine the most suitable methods to be used for the maintaining, storing and servicing of archival material:
(1) Obsolete and unnecessary records according to New York State Archives Records Retention and Disposition Schedules (MU-1) thereby subject to disposition;
(2) Information containing administrative, legal, fiscal, research, historical or educational value which warrant their permanent retention; or
(3) Records not subject to disposition according to State Law.
(B) Establish guidelines for proper records management in any department or agency of the Village in accordance with local, state, and federal laws and guidelines.
(C) Report annually to the Board on the powers and duties herein mentioned including, but not limited to, the cost-benefit ratio of programs effectuated by the program.
(D) Oversee all requests for records storage equipment, microfilm equipment, scanning and imaging system equipment, etc., and coordinate and participate in planning for the expansion of micrographics, imaging and information management systems.
(E) Establish Inactive Records Storage Areas for the storage, processing and servicing of all non-current and archival records for all Village departments and offices.
(F) The Records Management Officer shall perform the following functions with respect to the Village:
(1) Advise and assist Village Departments in reviewing and selecting records to be transferred to the Inactive Records Storage Area for storage and/or preservation.
(2) Continually survey and examine public records to determine the most suitable methods to be used for the creating, maintaining, storing, and servicing of archival materials.
(3) Establish and maintain an adequate repository for the proper storage, conservation, processing, and servicing of archival records.
(4) Promulgate rules governing public access to and use of records in the archives, subject to the approval of the Records Advisory Committee.
(5) Develop a confidentiality policy for archival records designated confidential, providing such policy does not conflict with any Federal or State statutes.
(6) Provide information services to other Village offices.
(7) Develop a procedure whereby historically important records are to be identified at the point of generation.
(8) Collect archival materials which are not official Village records but which have associated value to the Village or a close relationship to the existing archival collection. Such collecting shall be subject to archive space, staff, and cost limitations, and to the potential endangerment of such materials if they are not collected by the Village archives.
Section 3. RECORDS ADVISORY COMMITTEE
There shall be a Records Advisory Committee designated to work closely with and provide advice to the Records Management Officer. This Committee shall consist of representatives appointed by the Board. The Records Advisory Committee shall meet periodically and have the following powers and duties:
(A) Provide advice to the Records Management Officer on the development of the records management program.
(B) Review the performance of the program on an ongoing basis and propose changes and improvements.
(C) Review retention periods not covered by the State Archives Schedule MU-1 or retention period changes recommended by Department Heads.
(D) Provide advice on the appraisal of records for archival value and to be the final sign-off entity as to what is or is not archival.
Section 4. CUSTODY
The Records Management Officer shall maintain physical custody and official responsibility of all records in his/her possession. Department heads shall retain constructive control and authority over all department records, regardless of their physical location.
Section 5. REPLEVIN
The Village’s Attorney may take steps to recover local government records which have been alienated from proper custody, and may, when necessary, institute actions of replevin.
Section 6. DISPOSAL OF RECORDS
No records shall be destroyed or otherwise disposed of by a department of the Village unless a Records Disposal Form has been executed. Records will not be destroyed if they are required for any pending audit, litigation or other investigation.
Section 7. DEFINITIONS
(A) "Archives" means those official records which have been determined by the Records Management Officer and Advisory Committee to have sufficient historical or other value to warrant their continued preservation by the District.
(B) "Records" means any documents, books, papers, photographs, sound recordings, microfilm, electronic document images, or any other materials, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official Village business.
(C) "Records Management" means the planning, controlling, directing, organizing, training, promotion and other managerial activities involved in records maintenance, use and disposition, including records preservation, disposal, records centers or other storage facilities.
(D) "Records Disposition" means:
(1) The removal by the Village, in accordance with approved records control schedules, of records no longer necessary for the conduct of business by such agency through removal methods which may include:
(i) The disposal of temporary records by destruction or donation; or
(ii) the transfer of records to the Inactive Records Storage Area for temporary storage of inactive records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation; and
(2) The transfer of records from one Village Department to any other Village Department.
(E) Inactive Records Storage Area means an establishment maintained by the Village primarily for the storage, servicing, security and processing of records which must be preserved for varying periods of time and need not be retained in active office space and equipment.
(F) "Servicing" means making information in records available to any Village Department for official use or to the public.
Section 8. The Records Management Officer (RMO) shall be the Village Clerk in accordance with Section 57.19 of the New York Local Government Records Law.
Section 9. This Resolution shall take effect immediately upon adoption.
RESOLUTION SETTING THE DATE FOR PROPERTY TAX GRIEVANCE DAY
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby schedules Property Tax Grievance Day for Tuesday, February 19, 2008, between the hours of 4:00 p.m. and 8:00 p.m. at Tarrytown Village Hall.
RESOLUTION APPOINTING ELECTION INSPECTORS FOR THE MARCH 18, 2008 ELECTION
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints the following Election Inspectors to sit on Election Day, Tuesday, March 18, 2008:
Disctrict #1: Frankye Lee, Patricia Pogue, Ann Taxter, Rose Fitzgibbon
District #2: Jay Albrecht, Angel Dopico, Angela Perez, Anna Gonzalez
District #3: Baltasar Parra, Josephine Parra, Carmen Crescini, Emma Doherty
District #4: Gail Evans, Florence Lester, Jeanne Arduino, Nancy Quinn
District #5: David Aukland, Evelyn Hilliard, Rose Arduino, Max Perada
Disctrict #6: Lindsay Booth, Aranka Goldin, Harriet Bettman, Elaine Kosloff
Disctrict #7: Lou Agro, Diane Pratt, Rose Sandberg, John DelCarpine
District #55 Roberta Steinberg, Claire Janos, Dennis Cohen, Margaret Bartos
District #74: Rosella Cory, Carol Perlmutter, Joan Wald, Sylvia Krell
District #76: Richard Staff, Elizabeth Hynes, Mary Byrnes, Joe Perricone
District #82: Betty Watson, Tina Whitely, Netta Slaboda, Irene Vidal
RECEIPT OF THE TARRYTOWN VOLUNTEER FIRE DEPARTMENT SERVICE AWARD (PENSION) PROGRAM ANNUAL REPORT REGARDING QUALIFYING POINTS ACHIEVED
Trustee McGovern moved, seconded by Trustee Zollo, that the following be approved. Motion carried, all voting “aye” with exception of Trustees Hoyt and McGee who abstained. Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby acknowledges receipt of the Tarrytown Volunteer Fire Department Service Award Program Annual Report for 2007 of points achieved by respective firefighters for qualification for Village contribution to the Firefighters Service Award Program, which report shall be posted for public inspection and comment for 30 days prior to the Board of Trustees consideration of approving submission of the report to the pension fund underwriter, subject to final sign-off by the Mayor.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JANUARY 2, 2008
Trustee Basher moved, seconded by Trustee Zollo, that the following be approved. Motion carried, all voting “aye” with exception of Trustee McGovern who abstained. Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the Regular Meeting of the Board of Trustees held on January 2, 2008 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS #13
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following resolution be approved:
RESOLVED: The following Abstract bearing No. 13, dated January 22, 2008 containing Vouchers No. 002627 through No. 002824 is hereby ordered paid in the
following amounts as presented:
General $ 174,626.60
Water 122,236.81
Capital 721,277.16
Library 28,885.64
Trust & Agency 213,089.73
Total $ 1,260,115.94
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 002698 and 002766 and Trustee Hoyt who abstained from Voucher Numbers 002630, 002724, 002731, 002732, 002733, 002785, and 002821 and Trustee Butler who abstained from Voucher Numbers 002732 and 002733 and Trustee Basher who abstained from Vouch Number 002733. Motion carried 7-0.
ANNOUNCEMENT OF A SCHEDULE CHANGE FOR THE NEXT BOARD OF TRUSTEES WORK SESSION
The next Board of Trustees Work Session will be held on February 4, 2008, at 6:00 p.m. at Village Hall.
ADJOURNMENT TO EXECUTIVE SESSION
Trustee Basher moved, seconded by Trustee Butler and unanimously carried, that the meeting be adjourned to Executive Session to discuss a property acquisition matter at 8:35 p.m.
Carol A. Booth
Village Clerk
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