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Village Board of Trustees Minutes 04/21/2008
Board of Trustees
Village of Tarrytown
Regular Meeting No. 3
April 21, 2008  8:00 p.m.

PRESENT:  Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern, and Zollo; Village Administrator Blau; Village Administrative Assistant 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 stated the following:
-       He thanked and commended the public who participated in the Village-wide clean-up this past Saturday around the Lakes, the parks and the aqueduct.  It was a great turnout on a beautiful day.  At the same time, we also undertook a project in conjunction with T.F. Andrews Carpet One.  Tom Fahey, owner of Carpet One, donated $10,000 to the Village to provide fencing and landscaping on the tree wells on Broadway and Main Street.  It looks great.  All the tree wells are being mulched, cleaned up and replanted.  We hope that this jump starts a renewed attention from everybody in town to keeping those trees and plantings looking great.  
-       He welcomed our new Village Administrator, Michael Blau.  

Administrator Michael Blau stated that he was glad to be here in Tarrytown and looking forward to working with the Board, the staff and the public on all the projects and other various issues of the Village.

Trustee Hoyt stated that Summer Camp registration has begun for our Tot Camp, Sports Camp and Day Camp.  For more information, please contact the Recreation Department at 631-8347.

Trustee Butler stated that this past Sunday at the Kensico Dam, the County awarded the Village of Tarrytown for our recycling pilot program on our outdoor public recycling containers.  He thanked the Environmental Council and a special thanks to Claudia Mausner, Chairperson of our Recycling Committee.

Trustee Basher stated that this Saturday at noon to 4 p.m., it is Y Family Fun Day at Patriots Park.  There will be rides and exhibits for the children.  In conjunction with this event, the Tarrytown Sleepy Hollow Rotary is holding their duck races.  The first race will start at 12:15 p.m.  There will be 5 heats during the afternoon and there are still ducks available for purchase.  Come on out and join us for a fun day with the YMCA and the Rotary as they race their ducks down the mighty Andre Brook.  A special thanks for the cooperation of the Fire Department and the Recreation Department for helping us put this event together.

CONTINUATION OF A  PUBLIC HEARING REGARDING THE TENTATIVE OPERATING BUDGET FOR FISCAL YEAR 2008-09

James J. Hart, Village Treasurer, stated that the tentative budget that was submitted on March 20th had a rate increase of 5.74%.  After our budget work session last week, we were able to reduce it to a 5.29%, which is the lowest since the 2001-2002 budget.

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

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will continue a public hearing on the 21st day of April, 2008, at 8 PM, in the Municipal Building, 21 Wildey Street, Tarrytown, New York 10591, to hear and discuss comments pertaining to the annual 2008-2009 Village Budget.  
Board of Trustees                               -2-                              April 21, 2008

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

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

Trustee Basher stated compliments and thanks to Jim Hart, Treasurer, for doing a fine job on the budget.

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 the revised tentative budget for fiscal year 2008-2009 as presented by the Village Treasurer.

SET PUBLIC HEARING REGARDING ESTABLISHMENT OF A NEW PARK IN THE VILLAGE – NEPERAN PARK TO BE HELD ON MAY 5, 2008

SET PUBLIC HEARING REGARDING AMENDMENT TO THE LANDSCAPING SECTION OF THE VILLAGE CODE WITH REFERENCE TO “SEASONAL BAN ON GAS POWERED LEAF BLOWERS FOR COMMERCIAL LANDSCAPERS,” TO BE HELD ON MAY 5, 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

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

AUTHORIZATION TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT (IMA) WITH WESTCHESTER COUNTY RELATING TO RIVERWALK AND COUNTY ROAD OWNERSHIP

Trustee Basher stated that the residents on Van Wart and Paulding Avenue had at least two formal meetings with the County at their homes to go over the site plans and we had two meetings at Village Hall with the residents.  The County has worked hard and diligently to hear the concerns of the residents and changes were made to accommodate where possible.  When the work begins, if there is something being done that you feel is wrong, let us know so we can solve any problems before its too late.

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

WHEREAS, RiverWalk is Westcheser County’s proposed continuous trailway along the entire Hudson River shoreline in Westchester County, spanning over 50 miles from the Town of Cortlandt border with Putnam County to the City of Yonkers border with New York City; and

WHEREAS, the trailway will be open to the general public for recreational purposes such as walking, running, biking, rollerblading, and other similar activities, and

WHEREAS, the trailway will weave through various Hudson River communities and provide access and linkages to recreational, cultural and historic resources and to inland trail systems; and

WHEREAS, the section of the trailway to be constructed in the Village of Tarrytown (“Village”) will cross over the lands of the Lyndhurst Estate National Trust for Historic

Board of Trustees                               -3-                              April 21, 2008

Preservation (“Lyndhurst”), Kraft Foods Global, Inc., Metropolitan Transportation Authority and the Village, and

WHEREAS, the trailway and related improvements are anticipated to include an approximately 4,900-foot-long, 8-foot to 15-foot-wide, trail system for the extension of RiverWalk; and

WHEREAS, Lyndhurst has agreed to allow trailway users to utilize restroom facilities in one of its buildings commonly known as the “Bowling Alley” Building; and

WHEREAS, the County proposes that the completed trailway shall be operated by the Village as a Village park, available for use and enjoyment by all residents of Westchester County; and

WHEREAS, the Village will consent to the assignment of all of the County obligations under the agreements with the various property owners in connection with the operation and maintenance of the entire length of the RiverWalk trailway within the Village’s boundaries upon completion of each section of the trailway; and

WHEREAS, the Village Board has determined it to be in the best interests of the residents of the Village to accept the County’s proposals with respect to the trailway;

RESOLVED, that the Village of Tarrytown accepts the County’s proposals with respect to the trailway, as outlined above; and be it further

RESOLVED, that the Mayor (or his designee) is authorized and directed to sign an Inter-Municipal Agreement with the County of Westchester, together with such documents as may be appropriate and necessary, to effectuate and implement the County’s proposals with respect to the trailway; and be it further

RESOLVED, that prior to being signed by the Mayor (or his designee), the proposed Inter-Municipal Agreement and all related documents shall be reviewed and approved as to form and substance by the Village Attorney.

CONSIDERATION OF A TAX CERTIORARI AS RECOMMENDED BY THE VILLAGE ATTORNEY

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

BE IT RESOVLED that the Board of Trustees of the Village of Tarrytown hereby authorizes the settlement of the Rivercliffe Condominium tax certiorari case as recommended by the Village Attorney.

RE-APPOINTMENT OF MEMBER OF THE PLANNING BOARD – DAVID AUKLAND

Trustee Butler moved, seconded by Trustee Basher, 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 re-appoints David Aukland as a member of the Planning Board for a term to expire in April of 2013.

HIRING OF A PART-TIME RECREATION ASSISTANT – JOANNE SALVO

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


Board of Trustees                                -4-                                       April 21, 2008

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the hiring of Joanne Salvo as a part-time Recreation Assistant at a salary of $13.00 per hour to start at 25 hours per week effective April 22, 2008 and to expand to 40 hours per week effective May 12, 2008 thru August 29, 2008.

APPOINTMENT OF PART-TIME SEASONAL LABORERS:

Trustee Hoyt moved, seconded by Trustee Basher, 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 Brandon Duggan, to the part-time seasonal position of Laborer in the Parks and Recreation Department at an hourly rate of $9.00 effective April 22, 2008 thru September 26, 2008.

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints DaVonn Warner and Brent Butler to the part-time seasonal position of Laborer in the Parks and Recreation Department at an hourly rate of $9.00 effective April 22, 2008 thru August 29, 2008.
  
APPOINTMENT OF A PART-TIME SEASONAL GROUNDSKEEPER

Trustee Hoyt 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 appoints Carlos Luis to the part-time seasonal position of Groundskeeper in the Parks and Recreation Department at an hourly rate of $11.25 for 16 hours per week effective April 22, 2008 thru October 3, 2008.

WATER METER INSTALLATION – AUTHORIZATION FOR CHANGE ORDER FOR CONDOS AND CO-OPS – IN-LINE SERVICES INC.

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 does hereby authorize the execution of an agreement with In-Line Services, Inc. of Flemington, NJ for the installation of water meters for condominiums and co-ops per their proposal in the amount of $38,830; and

BE IT FURTHER RESOLVED that this agreement shall be subject to a future financing resolution.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 7, 2008

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 approves the minutes of the regular meeting of the Board of Trustees held on April 7, 2008, as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE ORGANIZATIONAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 7, 2008
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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 organizational meeting of the Board of Trustees held on April 7, 2008, as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 9, 2008

Trustee McGovern moved, seconded by Trustee Zollo, that the following be approved.  Motion carried, all voting “aye” with exception of Trustee Basher 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 April 9, 2008, as submitted by the Village Clerk.

APPROVAL OF AUDITED VOUCHERS NO. 003848 THROUGH NO. 004045

Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the following resolution be approved:   

RESOLVED:  The following Abstract bearing No. 19, dated April 7, 2008 containing Vouchers No. 003574 through No. 003847 is hereby ordered paid in the
following amounts as presented:

                General                  $     256,312.10
                Water                                 26,038.74
                Capital                                 474,454.13
                Library                                 9,759.52
                Trust & Agency                  167,640.65
Total                             $    934,205.14


The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 003884, 003978, 004013, 004014, and 004039 and Trustee Hoyt who abstained from Voucher Numbers 003886, 003984, and 003985.       Motion carried 7-0.
     
ADJOURNMENT TO EXECUTIVE SESSION

Trustee Basher moved, seconded by Trustee Hoyt and unanimously carried, that the meeting be adjourned to Executive Session to discuss a personnel matter and property acquisition at 8:25 p.m.



Carol A. Booth
Village Clerk