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Village Board of Trustees Minutes 03/03/2008
Board of Trustees
Village of Tarrytown
Regular Meeting No. 29
March 3, 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; 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:
-       He stated the importance for the public who is interested in the Tappan Zee project to follow the process closely.  Last week there were public presentations which went through the revisions to the plans.  Mayor Fixell and Deputy Mayor Basher attended the meeting at Purchase and spoke with the consultants, engineers and staff.  He urges anyone with interest to check on the state’s website to follow this process to express your concerns and interest.  We will continue out interest in the process.  In fact, tonight we have a resolution before the Board which will make the Village an interested participating agency in that review.
-       Congresswoman Nita Lowey has secured funding for the Village’s Police Department.  We will be receiving $94,200 for the upgrades primarily to the computer equipment.

Trustee McGee stated that the New York Library Association every year sponsors a “Legislative Day” when library advocates go to Albany and meet with their elective Senators and Assembly members. This year, the library day is on Tuesday, March 11th.  Westchester Library System is providing a bus that day for anyone interested in going.  It will leave at 7 a.m. from the Marriott and return at 5 p.m. the same day.  Anyone interested can contact Kris Weltzheimer, Library Director at 631-7734 or Elise A. Burke from the Westchester Library System at 231-3225.

Trustee Hoyt reported on the following:

- The spring/summer 2008 Recreation brochures will be in resident mailboxes by the end of this week. Please look through the book and find some activities of interest for you and your family.

- The Easter egg hunt will take place on Saturday, March 15th at Patriot’s Park beginning at 11:00a.m. Please arrive early. Ages 1 through 9 will take part in the hunt. There will be plenty of candy eggs and prizes for everyone as well as a visit from the Easter Bunny.  

- The Recreation Department is sponsoring a new Adult Aerobics class (18 and older) starting on Wednesday, March 5th 7:00p.m. at the Senior Center. The fee is $75.00 for 10 sessions.

 - A new class on “hypnosis” emphasizing stress relief and weight loss is being held on Monday, March 24th (one day only) at the Senior Center from 7-8:30p.m. The fee is $ 50.00/person for the one class. Come out and try this new experience.

For additional information, please call the Recreation Office at 631-8347.

- Trustee Hoyt expressed his appreciation to the Recreation Commission who he had the pleasure of working with in the past two years as the Recreation liaison and wanted to say thanks for all their hard work.   

- Trustee Hoyt also stated that the Tarrytown Volunteer Ambulance Corp is looking for new members.  If you are interested in riding either days, nights or weekends, please call 631-6469.

PUBLIC HEARING ON A PROPOSED LOCAL LAW REQUIRING THAT PRIVATELY-OWNED FIRE HYDRANTS BE INSPECTED ANNUALLY WITH CERTIFICATION THEREOF TO BE PROVIDED TO THE VILLAGE BUILDING DEPARTMENT (adopted)

Trustee Basher moved, seconded by Trustee Butler and unanimously carried that the public hearing be opened.

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 3rd day of March, 2008, at 8 PM, in the Municipal Building, 21 Wildey Street, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to the Code of the Village of Tarrytown by amending §165-16 "Use of fire hydrants". A summary of the legislation is available at Village Hall.  The complete text of this legislation follows:

A LOCAL LAW to amend the Code of the Village of Tarrytown by amending §165-16 "Use of fire hydrants" of the Code of the Village of Tarrytown.

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.

The Board of Trustees of the Village of Tarrytown has found that it is in the interest of public safety and specifically for enhanced fire protection to insure that all privately owned and maintained fire hydrants in the Village comply with those standards pertaining to the same as found in the Fire Code of the State of New York, specifically Section 508.5.3 – Private Fire Service Mains and Water Tanks.
  
B.      Legislative Intent.

The intent of this amendment is to mandate that all privately owned and maintained fire hydrants in the Village comply with those standards pertaining to the same as found in the Fire Code of the State of New York, specifically Section 508.5.3 – Private Fire Service Mains and Water Tanks.

Material to be deleted appears in parenthesis, material to be added is in bold typeface.

SECTION 2.  Amendment to §165-16 "Use of fire hydrants" of the Code of the Village of Tarrytown.
§ 165-16. Use of fire hydrants.
1. It shall be unlawful for any person, unless duly authorized, to unfasten, open or draw water from or otherwise use or interfere with any of the fire hydrants set in any of the public streets, places or grounds or to break open, unfasten, remove or otherwise willfully injure or interfere with any of the boxes, cases, fastenings or other appurtenances of such hydrants.

2. (a) All privately owned and maintained fire hydrants in the Village must comply with the Fire Code of the State of New York Section 508.5.3 – Private Fire Service Mains and Water Tanks, as  amended from time to time.

(b) All owners of privately owned and maintained fire hydrants in the Village must submit to the Village Building Inspector an annual certification by a professional engineer by December 31st that the privately owned and maintained fire hydrant(s) comply with the requirements stated in this section.
(c) Owners of privately owned fire hydrants are exempted from the provisions of this section if the Village of Tarrytown has obtained an easement from the owner(s) to maintain the privately owned fire hydrant(s).

SECTION 3.  EFFECTIVE DATE

This local law shall take effect immediately, as provided by law.

All interested parties are invited to attend and be heard.  Access to the meeting room is available to the elderly and the handicapped.  Signing is available for the hearing-impaired; a request must be made to the Village Clerk at least five days in advance of the meeting.

BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF TARRYTOWN

Mayor Fixell questioned whether anyone wished to address the Board on this matter.  No one appeared.  

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the public hearing be closed.

Trustee Basher moved, seconded by Trustee McGee, and unanimously carried that the following be approved:  Approved:  7-0

WHEREAS, the Proposed Action is an Unlisted action pursuant to the State Environmental Quality Review Law, and

WHEREAS, an Environmental Assessment Form [EAF] was filed and,

WHEREAS, a notice of public hearing was published in the Journal News on February 25, 2008, and

WHEREAS, public hearing was held for the proposed action on March 3, 2008, and

WHEREAS, the Board of Trustees of the Village of Tarrytown is the only agency which has approval authority over the Proposed Action, and is therefore the Lead Agency for the Proposed Action

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

        1.      In accordance with Article 8 of the State Environmental Conservation Law and 6NYCRR Part 617, including without limitations the criteria set forth in 6 NYCRR Part 617.7(c) and based upon review of the Environmental Assessment Form and all other materials that were prepared for the Proposed Action, the Village Board of Trustees hereby determines that Proposed Action will not have a significant adverse impact on the environment, and hereby adopts a Negative Declaration.

NOW THEREFORE BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 5 of 2008.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD:  SPEAKERS HAVE 5 MINUTES BEFORE YIELDING TO THE NEXT PERSON:  THEN 3 MINUTES FOR ADDITONAL COMMENTS

John Lynch, 10 Crest Drive, stated the following:
-       Expressed his concern about asbestos in our schools.
-       Suggested using Marymount Campus for a school for grades K – 8.  This would not only consolidate and save taxes and benefit the children with opportunities,
   but most importantly, it would be a health benefit to set back the schools off of   
   Route 9.

DECLARATION OF AN EMERGENCY SITUATION IN ORDER TO ACCOMPLISH NECESSARY WATER DISTRIBUTION SYSTEM TEMPORARY REPAIR WORK WITHOUT CERTAIN RESTRICTIONS

Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved:  Approved:  7-0

WHERAS, the Board of Trustees has determined that an emergency exists regarding the firefighting capabilities of portions of the Village of Tarrytown water distribution system, and

WHEREAS, in accordance with Article 8 of the State Environmental Conservation Law and 6NYCRR Part 617, including without limitations the criteria set forth in 6 NYCRR Part 617(c) and based upon review of the Environmental Assessment Form and all other materials that were prepared for the water main emergency work, the Village Board of Trustees hereby determines that water main emergency work will not have a significant adverse impact on the environment, and hereby adopts a Negative Declaration.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

That the Village of Tarrytown will obtain expedited bids for the following work in three areas of the Village’s water distribution network:

(a)     Installation of temporary water mains;
(b)     Soft costs associated with the planning for installation of the new water mains;
(c)     Installation of the new water mains.

RESOLUTION REQUESTING APPROVAL OF CHANGE ORDERS FOR THE NEW VILLAGE HALL/POLICE HEADQUARTERS/COURT BUILDING

Trustee McGovern 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 approves change orders for the construction of the new Village Hall/Police Headquarters/Court building including:

·       Additional work associated with switching Conference Room V213 and Administrator’s Office V210 in the total amount of $3,565.87
·       LJ Coppola’s Change Order #1 in the amount of $4,762.57.
·       Talt Electric’s Change Order #1 in the amount of $9,964.00.
·       Nikko Construction’s Change Order #2 in the amount of $44,298.02.

RESOLUTION REQUESTING THE APPROVAL OF CERTAIN EXPENDITURES FOR THE TARRYTOWN POLICE DEPARTMENT

Trustee Basher 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 approves expenditures for the Tarrytown Police Department including:

·       $24,000 for a Radio Antenna System
·       $44,000 for specialized Front Desk Furnishings
·       $16,000 for a GPS Clock System
·       $149,000 for a Dispatch Console

RESOLUTION NAMING GRACEMERE PARK

Trustee McGee 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 designates Gracemere Park as the name for the parkland deeded to the Village of Tarrytown by Jardim Estates.

RESOLUTION APPROVING AN AGREEMENT WITH THE TOWN OF GREENBURGH FORMALIZING TARRYTOWN’S POLICE OFFICERS PARTICIPATION IN THE JOINT SWAT TEAM

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 approves an agreement pursuant to general municipal law article 5-G among the Town of Greenburgh and the Villages of Ardsley, Dobbs Ferry, Elmsford, Hastings-on-Hudson, Irvington and Tarrytown to form a town-wide special weapons and tactics unit, and authorizes the Village Administrator to execute said agreement.

RESOLUTION TAPPAN ZEE BRIDGE/I-287 CORRIDOR ENVIRONMENTAL REVIEW

Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried that the following be approved:  Approved:  7-0

BE IT RESOLVED that pursuant to the Safe, Accountable, Flexible, Efficient, Transportation Equity Act:  A Legacy for Users (SAFETEA-LU), the Village of Tarrytown is a Cooperating and/or Participating Agency on the Tappan Zee Bridge/I0287 Corridor Project and,

BE IT FURTHER RESOLVED that Mayor Drew Fixell or his designee shall represent the Village of Tarrytown in the Tappan Zee Bridge/I-287 Corridor Environmental Review.

RESOLUTION FOR CO-LEAD AGENCY ENVIRONMENTAL REVIEW

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved:  Approved:  7-0

BE IT RESOLVED that the Village of Tarrytown will seek co-Lead Agency status for the installation of the Village of Briarcliff Manor Catskill Aqueduct Tap north of the existing tap for the Villages of Tarrytown and Sleepy Hollow which would result in an expansion of the Tarrytown/Sleepy Hollow meter building, construction of a pump station and approximately 3.7 miles of a transmission main.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON FEBRUARY 19, 2008

Trustee Basher moved, seconded by Trustee Butler, 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 minutes of the Regular Meeting of the Board of Trustees held on February 19, 2008 as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEESHELDON FEBRUARY 27, 2008

Trustee Basher moved, seconded by Trustee Butler, that the following be approved.   Motion carried, all voting “aye” with exception of Trustee Zollo who abstained.  Approved: 6-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the Special Meeting of the Board of Trustees held on February 27, 2008, as submitted by the Village Attorney.

APPROVAL OF AUDITED VOUCHERS #16

Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried that the following resolution be approved:   

RESOLVED:  The following Abstract bearing No. 16, dated March 3, 2008 containing Vouchers No. 003175 through No. 003305 is hereby ordered paid in the
following amounts as presented:

                General                  $     138,674.55
                Water                                 54,090.33
                Capital                     138,571.21
                Library                         3,412.03
                Trust & Agency                    22,391.32
Total                             $    357,139.44

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 003231 and 003285 and Trustee Hoyt who abstained from Voucher Numbers 003302, 003295, 003303 and 003304.  Motion carried 7-0.

Michael McGarvey, Village Engineer gave an update on the following construction projects:

Washington Engine Firehouse – Completion is scheduled for the middle of March.  There will still be a few punch list items to be done.  Landscaping, grading and asphalt work is scheduled to be done weather permitting in another month.

Consolidated Engine Firehouse – Completion is scheduled for the middle of April.  He estimates the move in date to be the end of April.  The coordination with Con Edison will take place this week to supply gas to the building.  Once this is done, the remainder of the work will be completed.

Village Hall/Police/Court - The construction is moving along nicely and ahead of schedule.  We anticipate the delivery of the furniture in June.  They are finishing up the painting.  There is still mill work that needs to be done.  Landscaping, grading and paving still have to be done weather permitting.

ADJOURNMENT

Trustee Basher moved, seconded by Trustee Hoyt and unanimously carried, that the meeting be adjourned at 8:30 p.m.


Carol A. Booth
Village Clerk