Board of Trustees
Village of Tarrytown
Regular Meeting No. 5
May 5, 2008 8:00 p.m.
PRESENT: Deputy Mayor Basher presiding; Trustees Butler, Hoyt, McGee, McGovern, and Zollo; Village Administrator Blau; Village Treasurer Hart; Village Attorney Shumejda; and Village Clerk Booth
ABSENT: Mayor Fixell
The meeting began with the Pledge to the Flag.
REPORTS
Deputy Mayor Basher wished everyone a “Happy Cinco de Mayo.”
Trustee Butler introduced Dr. Carole Griffiths to speak on behalf of the Tarrytown Environmental Advisory Council (TEAC).
Dr. Carole Griffiths, Chairperson of TEAC, gave an overview of what’s going on with TEAC:
- The Recycling sub-committee headed by Claudia Mausner received an award for the public recycling bins. Claudia will be presenting our public recycling ideas next week to the Town of Greenburgh and Westchester County.
- TEAC is focusing on climate change. They had a follow-up meeting to the Mayor’s conversation on climate change. They are developing local plans. The presentation is now available on the TEAC web site, TarrytownEnvironmental.org.
- TEAC is working with the Chamber of Commerce to do a Clean and Green Campaign to encourage merchants to become more “green.” The Chamber ordered 200 green shopping bags. We gave away 150 of them at the last “Third Friday.” The people had to sign a pledge that they would not use bags. TEAC is applying for a grant to order more of the green shopping bags and to also be able to develop environmental educational materials and run programs for the Village.
- TEAC held their annual Village-wide clean-up day on April 19th and over 40 people participated. They worked very hard on cleaning the aqueduct and the Tarrytown Lakes. A volunteer group came out from the Boys and Girls Club and they really did a great job.
- TEAC is working with the Board of Trustees and the Planning Board to develop environmental legislation.
Administrative Blau reported on the following:
- The Annual Memorial Day Parade will be held on Monday, May 26th at 9:00 a.m.
- The Village received notice today, that we are the recipient of a grant totaling $130,410 through the shared municipal services incentive program. This is the feasibility study examining the shared parks and recreation services in the Village of Tarrytown, Village of Sleepy Hollow and the school system.
PUBLIC HEARING REGARDING ESTABLISHMENT OF HOURS IN OUR NEW PARK IN THE VILLAGE – NEPERAN ROAD PARK (adopted)
Trustee McGee 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 hold a public hearing on the 5th day of May, 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 Chapter 221 entitled "Parks and Recreation Areas" of the Code of the Village of Tarrytown. 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 Chapter 221 entitled "Parks and Recreation Areas" of the Code of the Village of Tarrytown.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
With the establishment of a new park in the Village – Neperan Park - the Board of Trustees of the Village of Tarrytown has found that it is necessary to establish the hours said park will be open to the public and to include said park within the regulations already in place for all recreation areas and parks within the Village.
B. Legislative Intent.
The intent of this amendment is to establish the hours Neperan Park will be open to the public and to include said park within the regulations already in place for all recreation areas and parks within the Village.
Material to be deleted appears in underline , material to be added is in bold typeface.
SECTION 3. Amendment to Chapter 221 entitled "Parks and Recreation Areas" of the Code of the Village of Tarrytown.
§ 221-3.2. Hours Neperan Road Park closed to public; exceptions.
Neperan Road Park shall be closed to the public every day between sunset and sunrise except when open for organized activities under the direction or sponsorship of the Recreation Department or activities approved in advance by the Board of Trustees.
§ 221-10 Properties dedicated and designated as public parks, playgrounds and recreational areas.
H. Neperan Road Park
(No further changes to Section)
SECTION 4. 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
Deputy Mayor Basher questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Hoyt moved, seconded by Trustee McGee, and unanimously carried that the public hearing be closed.
Trustee Hoyt moved, seconded by Trustee McGee and unanimously carried that the following be approved: Approved: 6-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby approves the hours that Neperan Road Park shall be available to the public. The park shall be closed every day between sunset and sunrise except when open for organized activities under the direction or sponsorship of the Recreation Department or activities approved in advance by the Board of Trustees; and
WHEREAS, a public hearing was held for the proposed action on May 5, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on April 26, 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. 7 of 2008.
PUBLIC HEARING REGARDING AMENDMENT TO THE LANDSCAPING SECTION OF THE VILLAGE CODE WITH REFERENCE TO “SEASONAL BAN ON COMMERCIAL GAS POWERED LEAF BLOWERS” (adopted)
Trustee McGovern 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 5th day of May, 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 Chapter 205 entitled "Landscaping" by adding a new Section which will be designated as §205-3A entitled "Seasonal Ban on Gas Powered Leaf Blowers." 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 Chapter 205 entitled "Landscaping" by adding a new Section which will be designated as §205-3A entitled "Seasonal Ban on Gas Powered Leaf Blowers."
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village of Tarrytown has found that the use of gasoline powered leaf blowers by landscapers result in the emission of excessive pollution and is detrimental to the health of residents especially during the summer months (June 15th through September 15th).
B. Legislative Intent.
The intent of this amendment is to prohibit the use of gasoline powered leaf blowers by landscapers during the summer months (June 15th through September 15th).
Material to be deleted appears in underline , material to be added is in bold typeface.
SECTION 3. Amendment to Chapter 205 entitled "Landscaping" by adding a new Section which will be designated as §205-3A entitled "Seasonal Ban on Gas Powered Leaf Blowers."
§205-3A Seasonal Ban on Gas Powered Leaf Blowers.
1. The operation of a gasoline-powered leaf and garden blower by any green industry contractor or employee of a green industry contractor subject to registration under this Chapter is prohibited from June 15 through September 15 of each year and, on Saturdays, Sundays and holidays during the period September 16 through June 14 each year. During times of emergency caused by a storm, the Village Engineer may declare a temporary moratorium on the operations of this provision.
2. The Village Engineer may, in his discretion and upon application, grant temporary special permits for the temporary operation of gasoline-powered leaf and garden blowers otherwise subject to this section to accommodate special circumstances, including but not limited to the clean up of temporary work sites and shall charge and collect a fee of $35.00 for each permit so granted.
(No further changes to Section)
SECTION 4. 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
Joe Queenan, Wilson Park Drive, stated that he supports the seasonal ban on commercial gas leaf blowers.
Carole Griffiths, TEAC Chairperson, stated that TEAC had proposed this legislation to the Board and she is happy to see the Board following through on it.
Trustee McGovern moved, seconded by Trustee Hoyt, and unanimously carried that the public hearing be closed.
Trustee Hoyt moved, seconded by Trustee McGovern and unanimously carried that the following be approved: Approved: 6-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby approves the seasonal ban on commercial gas powered leaf blowers by any green industry contractor or employee of a green industry contractor from June 15th through September 15th of each year and, on Saturdays, Sundays and holidays during the period of September 16th through June 14th each year. During times of emergency caused by a storm, the Village Engineer may declare a temporary moratorium on the operations of this provision; and
WHEREAS, the Village Engineer may, in his discretion and upon application, grant temporary special permits for the temporary operation of gasoline-powered leaf and garden blowers otherwise subject to this section to accommodate special circumstances, including but not limited to the clean up of temporary work sites and shall charge and collect a fee of $35.00 for each permit so granted; and
WHEREAS, a public hearing was held for the proposed action on May 5, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on April 26, 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. 8 of 2008.
PUBLIC INFORMATION MEETING REGARDING THE DEVELOPMENT OF A PARKING LOT AT THE MASONS’ BUILDING, 54 MAIN STREET, WHICH PROVIDES FOR THE CREATION OF 30 PARKING SPACES
Deputy Mayor Basher stated by the advice of counsel, he would recuse himself from this information meeting due to a conflict of interest.
Trustee Zollo presided over the public information meeting.
Administrator Blau stated that approximately one year ago, a letter was sent from the Village to the Masons noting that the Village was interested in acquiring property behind the Masons Building with access on S. Washington Street for the creation of parking purposes. The letter that was sent to the Masons included various proposals for the development of a parking lot including the possibility of a decked parking lot. The at-grade parking proposal would provide 30 spaces and with a deck, the proposal would provide 55 parking spaces. The development of the parking lot would require the removal of an existing stucco garage and the removal of a one-story metal building. An executive summary, maps and diagrams of the parking that could be created on the site was submitted to the Board of Trustees.
Carter Dorzbacher, Trustee of Solomon’s Lodge and D. Norman Carrnes Jr., member of Solomon’s Lodge read and submitted a document on behalf of the Solomon’s Lodge. The members thanked the Board for reconsidering their position and changing the agenda from the subject of taking our land by eminent domain. He also stated the following:
- The Solomon’s Lodge has over 100 members. They also host four other Masonic lodges that have a membership in excess of 300 members.
- The Lodge is a charitable organization and serves people in need.
- The Lodge sponsors the Child Identification Program for the entire Village.
- The Lodge provides scholarships for local graduating high school students.
- The Lodge raises money and supports the Masonic Medical Research Lab in Utica, New York, which provides crucial medical research.
- The Lodge supports the Shriner’s Hospital System, which provides for sick and seriously ill.
- The Lodge also supports the local Boy Scouts, the Ambulance Corp and the Run for Hunger.
- The Lodge sponsors and supports Camp Turk in the Adirondacks for boys and girls ages 12-16 to have an opportunity of a summer vacation.
- The Lodge supports financially the Masonic War Veterans.
The Lodge understands the need for parking for the residents and the businesses in Tarrytown. They maximize the number of cars in their vacant lot for their members and their tenants. They would appreciate if the Board would continue to discuss with the Lodge the needs of the community and what they can do to help.
Nunzio J. Raimo, Barnes Road, Masonic Lodge Secretary, asks the Board to act in good faith, to negotiate and discuss appropriately without a hint of eminent domain, and to allow them the appropriate time to do their due diligence in this matter. When the Lodge first met with the Village, there were two assurances; 1) no eminent domain would take place and 2) the negotiating process would only be with regard to a lease arrangement.
Trustee Zollo stated that the reason the Board changed tonight’s meeting from a hearing to an Information meeting is that negotiations can take place.
Trustee Butler stated that the Board’s interested in the purchase of the parking lot for the good of the entire Village. The Board is not interested in taking the Mason’s building or destroying anyone’s character. The purchase price would go a long way to help the Lodge’s charitable organization. The Village would also provide shared parking for the members of the Lodge.
D. Normal Carrnes Jr., Masonic Lodge member, asked the Board if they would consider decking the existing South Washington parking lot. The Board said that they have considered this. He also stated that the Lodge is working diligently to putting together a proposal to return to the Village Board and believes that the Lodge and the Village Board will be able to work together on this matter.
Trustee Zollo closed the Public Information Meeting at 8:30 p.m.
Deputy Mayor Basher reconvened the regular meeting.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: SPEAKERS HAVE 5 MINUTES BEFORE YIELDING TO THE NEXT PERSON: THEN 3 MINUTES FOR ADDITONAL COMMENTS
Joan Wayne, 33 Pintail Road, supported the Seasonal Ban of Commercial Gas-powered leaf blowers. She also stated that there are several neighboring municipalities that have joined in on the Seasonal Ban on Commercial Gas-powered leaf blowers. This legislation is also supported by numerous homeowners’ associations and organizations such as the American Lung Association, American Academy of Pediatrics, the Westchester League of Women Voters, Federated Conservationists of Westchester County, the Director of the Asthma Program at St. John’s Riverside Hospital and the President and Chief Executive of St. Joseph’s Hospital.
Jack Jolly, 68 Main Street, Rotary Club President, submitted and read a letter on behalf of the Rotary Club with respect to the Rotary’s Duck Derby Event along with the Y Kids Day that was held on April 26th. He thanked the following Village Departments for all their support in making this event successful: Recreation Department, Department of Public Works, Police Department, TVAC, and the Volunteer Fire Department.
Mimi Godwin, Rotary member, stated that the Rotary’s Duck Derby’s successful event could not have happened without the support and spirit of the Village. She also thanked all of the Village Departments for all their support.
Charles Davey, TEAC member, submitted letters of support for the Seasonal Ban of Commercial gas-powered leaf blowers from Dr. Landrigan, Professor and Chairman of the Department of Community and Preventive Medicine and Professor of Pediatrics, Children’s Development Center from Mount Sinai; the Hudson Health Plan; The Children’s Hospital at the Westchester Medical Center and from the American Lung Association.
Joe Queenan, Wilson Park Drive, stated the following:
- Tarrytown taxi cabs at the train station would rather take someone to Nyack than to take someone up to Marymount or Wilson Park Drive. He asked if the taxis are supposed to honor all customers. Deputy Mayor Basher stated that they should honor all customers equally and that he would speak to the Chief of Police about this situation.
- The corner of Central Avenue and Broadway is very dangerous to cross and needs the presence of a policeman every now and then to remind people to stop at the stop sign. Deputy Mayor Basher stated that he will talk to the Chief of Police about possibly having a “yield to pedestrian” sign put at this intersection.
Nancy Hernandez, representing her family the Luis family at 15 South Washington Street, stated that she is very concerned about a rumor in the Village that the Board is interested in tearing down the houses at 13 and 15 South Washington Street to make a parking lot. She wanted to know if this rumor is true. Trustee Zollo stated that it is not true about those two houses and that it was never discussed.
SET PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT BLOCK GRANTS FOR THE 2009-2011 CYCLE TO BE HELD ON MAY 19, 2008
Trustee McGovern moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby schedules a public hearing regarding Community Development Block Grants for the 2009 – 2011 cycle to be held on May 19, 2008 at 8:00 p.m.
APPROVAL OF CHANGE ORDER FOR RLJ ELECTRIC FOR WORK PERFORMED AT WASHINGTON ENGINE AND CONSOLIDATED ENGINE FIREHOUSES
Trustee McGee moved, seconded by Trustee McGovern that the following be approved. Motion carried, all voting “aye” with exception of Trustee Hoyt who abstained. Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the change orders for work performed by RLJ Electric Corporation at Washington Engine and Consolidated Engine Firehouses totaling $22,200.00.
APPOINTMENT TO TREE COMMISSION
Trustee Hoyt moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints Robert Welsch as member of the Tarrytown Tree Commission for a term to expire April of 2011.
APPOINTMENT OF PART-TIME SEASONAL LABORERS:
Trustee McGovern moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints Frank Giampiccolo Jr. and David Cappello, to the part-time seasonal position of Laborer in the Department of Public Works at an hourly rate of $9.00 effective June 2, 2008 through August 29, 2008.
RESOLUTION TO DECLARE CERTAIN VILLAGE VEHICLES AS SURPLUS TO BE DISPOSED OF
Trustee McGee moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby deem as surplus and approves the disposal of either being put up for sale or junked the following Village vehicles:
1988 Chevrolet Pick Up ID#1GCCK34K5JE207154 (over 120,000 miles – usable parts taken – recommended to be junked)
1988 Mack Dump ID#M2P140C0JA017420 (over 120,000 miles – can sell cab & chassis)
CHANGES MEETING DATES FOR THE BOARD OF TRUSTEES WORK SESSIONS
Trustee McGovern moved, seconded by Trustee Hoyt and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby changes the meeting dates for the following work sessions: Wednesday, May 14, 2008 to Tuesday, May 13, 2008 and Wednesday, June 11, 2008 to Wednesday, June 4, 2008.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 21, 2008
Trustee McGovern moved, seconded by Trustee Zollo and unanimously carried that the following be approved: 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 April 21, 2008, as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 004046 THROUGH NO. 004188
Trustee McGovern moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the audited vouchers No. 004046 through No. 004188, is hereby ordered paid in the following amounts as presented:
General $ 134,583.10
Water 25,283.25
Capital 124,746.70
Library 3,622.38
Trust & Agency 24,014.69
Total $ 312,250.12
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 004091, 004159 and 004160 and Trustee Hoyt who abstained from Voucher Numbers 004152, 004163, 004164, 004176, 004177, and 004183. Motion carried 6-0.
ADJOURNMENT TO EXECUTIVE SESSION TO DISCUSS A PERSONNEL MATTER
Trustee Zollo moved, seconded by Trustee McGovern and unanimously carried, that the meeting be adjourned at 8:55 p.m.
Carol A. Booth
Village Clerk
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