Board of Trustees
Village of Tarrytown
Regular Meeting No. 8
June 16, 2008 8:00 p.m.
PRESENT: Deputy Mayor Basher presiding; Trustees Butler, Hoyt, McGee, and Zollo; Deputy Village Administrator Hart; Village Attorney Shumejda; and Village Clerk Booth
ABSENT: Mayor Fixell and Trustee McGovern
The meeting began with the Pledge to the Flag.
PRESENTATION OF A CERTIFICATE OF MERIT TO NNAMDI ANUFURO BOYS AND GIRLS CLUB OF NORTHERN WESTCHESTER YOUTH OF THE YEAR– NNAMDI ANUFURO
NOW THEREFORE BE IT RESOLVED that I, Thomas Basher, Deputy Mayor of Tarrytown, New York, congratulate and commend Nnamdi Anuforo of Sleepy Hollow High School for your achievement in gaining high recognition as the 2008 Youth of the Year Boys and Girls Club of Northern Westchester and declare you a Student of Excellence.
PRESENTATION OF A CERTIFICATE OF MERIT TO THE 2008 SLEEPY HOLLOW HIGH SCHOOL VALEDICTORIAN, ANTHONY JAMES (A.J.) HINDS AND SALUTATORIAN, JOHN BONANNO
Now therefore be it resolved that I, Tom Basher, Deputy Mayor of Tarrytown, New York, congratulate and commend Anthony James (A.J.) Hinds and John Bonanno of Sleepy Hollow High School for their achievement in being named 2008 Class Valedictorian and Class Salutatorian, respectively.
REPORTS
Deputy Mayor Basher reported on the following:
- He is very pleased to announce that the Village of Tarrytown has been awarded a $2,370,000 grant for promenade construction, installation of a kayak launch and refurbishment of the fishing pier at Pierson Park. This will greatly assist the Village in reducing the cost of this very large project.
- New York City Department of Environmental Protection will be shutting down the Catskill Aqueduct on Thursday, June 19, 2008 at 11:00 p.m. and will re-open the Aqueduct on Friday, June 20, 2008 at midnight. During this time, we will be running strictly on our water storage volume and are therefore requesting that all Village of Tarrytown residents conserve water during this timeframe. We thank you for your cooperation during this minor inconvenience.
- This is our last board meeting at this historic village hall site at 21 Wildey Street. The move to our new Village Hall will take place on Friday, June 27th at noon to One Depot Plaza. Village Hall will be closed at noon on Friday, June 27th and will reopen on Monday, June 30th at noon. However, residents will be able to make tax payments all day on Friday, June 27th at 21 Wildey Street and will also be able to do the same at the new Village Hall on Monday, June 30th.
Trustee McGee recognized and thanked the Education Committee for bringing the 2008 Sleepy Hollow High School Valedictorian and Salutatorian to the board’s attention.
Trustee Hoyt stated that the Kayak program at the Tarrytown Lakes is doing well and would like everyone to come out and give it a try. Kayak rentals are available every Saturday and Sunday throughout the summer months from 12 noon to 4:00 p.m.
PUBLIC HEARING REGARDING PROHIBITING THE USE OF TOBACCO PRODUCTS IN THE PARKS AND RECREATION AREAS OF THE VILLAGE
Trustee Hoyt 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 16th day of June, 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" by adding a new Section which will be designated as §221-8A entitled "Ban on Smoking Tobacco Products" 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" by adding a new Section which will be designated as §221-8A entitled "Ban on Smoking Tobacco Products"
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village of Tarrytown has determined that the use of tobacco products in the parks and recreation areas of the Village poses an unacceptable health risk to the general public in terms of second hand smoke and related issues and therefore all use of tobacco products should be banned from public parks and public recreation areas of the Village.
B. Legislative Intent.
The intent of this amendment is to prohibit the use of tobacco products in the parks and recreation areas of the Village.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 3. Amendment to Chapter 221 entitled "Parks and Recreation Areas" by adding a new Section which will be designated as §221-8A entitled "Ban on Smoking Tobacco Products"
§221-8A. "Ban on Smoking Tobacco Products"
No person shall use any tobacco product in any park, ballfield or playground located within the Village. For the purposes of this section, ball field shall be defined as any public property owned by the Village of Tarrytown which is to be used for sporting events such as – but not limited to - baseball, softball, soccer or football. For the purposes of this section, playground shall be defined as any public property owned by the Village of Tarrytown and designated primarily for the use and recreation of children.
(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 Zollo moved, seconded by Trustee McGee, and unanimously carried that the public hearing be closed.
Trustee Basher moved, seconded by Trustee McGovern and unanimously carried that the following be approved: Approved: 5-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby approves prohibiting the use of tobacco products in the parks and recreation areas of the Village; and
WHEREAS, a public hearing was held for the proposed action on June 16, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on May 29, 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. 9 of 2008.
PUBLIC HEARING REGARDING MEMBERS OF THE SPRINKLER APPEALS BOARD
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 16th day of June, 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 Section 166-6 entitled "Sprinkler Appeals Board". 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 Section 166-6 entitled "Sprinkler Appeals Board"
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 inclusion of the Building Inspector of the Village of Tarrytown in the five member Sprinkler Appeals Board as required in Section 166-6 A. of the Village Code should be modified to replace the Building Inspector given that most appeals to said Board originate from actions taken by the Building Inspector.
B. Legislative Intent.
The intent of this amendment is to replace the Building Inspector as a member of the five member Sprinkler Appeals Board as currently required under Section 166-6 A. of the Village Code so that said Board consists of the Fire Chief, the 1st Assistant Fire Chief, the 2nd Assistant Fire Chief and two 2 members selected by the Board of Trustees from the residents of the Village of Tarrytown.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 3. Amendment to Section 166-6 A. entitled "Sprinkler Appeals Board" of the Code of the Village of Tarrytown.
A. The Board of Trustees shall create a Sprinkler Appeals Board which shall consist of five 5 members, including the Fire Chief, the 1st Assistant Fire Chief, (the Building Inspector) the 2nd Assistant Fire Chief and two 2 members selected from the residents of the Village of Tarrytown. The Board of Trustees shall also select a Chairperson for the Board.
(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 McGee moved, seconded by Trustee Zollo, and unanimously carried that the public hearing be closed.
Trustee Zollo moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 5-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby approves to amend the membership of the Sprinkler Appeals Board which would consist of the Fire Chief, the 1st Assistant Fire Chief, the 2nd Assistant Fire Chief and two (2) members selected by the Board of Trustees from the residents of the Village of Tarrytown. The Building Inspector will no longer be a member of the Sprinkler Appeals Board; and
WHEREAS, a public hearing was held for the proposed action on June 16, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on May 29, 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. 10 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
David Biggs, Watch Hill resident, stated that he would like to prepare a proposal along with his colleague, Zophonias Bjorvinsson, who works at WiFi Salon, for a WiFi commons area for the Village’s downtown. This would allow anyone with a lap top or a personal digital system access the internet, free of charge, in Tarrytown. A consideration of the placement of the antenna could be at the intersection of Broadway and Main Street. The antenna could have a reach between 500 and 1,000 ft. WiFi Salon is the entity who would be responsible for setting this up. He wanted to introduce this to the Board and see if this is something that the board would be interested in.
Hassan Jarane, owner of Mint Premium Foods, Main Street, stated that recently he has received summons from the Police Department which began enforcing Chapter 259 of the Village Code where you can’t put anything on the sidewalk in front of his store. He asked that the Board amend this code to allow Main Street to be more alive and interesting. Deputy Mayor Basher stated that the Board will look into this at the next work session on July 16, 2008.
Greg Goldberg, owner of Goldberg’s Hardware, Main Street, stated that July 16th is a long time from now and it’s his busy season when he usually has his barbecue grills on the sidewalk; which helps his business and helps free up some space in his store. He asked the Board if something can be done sooner. Deputy Mayor Basher stated that he will speak to Administrator Blau and the Chief of Police to see if something can be done sooner.
Elisea Goldschlag, owner of Flying Fingers, Main Street, stated that she too would like to put a basket of wool and a wooden sheep on the sidewalk.
Zophonias Bjorvinsson, 126 Altamont Avenue, stated that he supports the businesses on Main Street. He represents WiFi Salon. He believes by adding WiFi activities; it will make use of digital space for downtown Tarrytown and will help local businesses and also bring more people out in the streets to make the Village more interesting and enjoyable. We look forward to preparing a proposal.
Carole Griffiths, 62 Fairview Avenue, stated her support for the local businesses on Main Street who make this town alive and hopes the Board can make this work.
RESOLUTION APPROVING APPOINTMENT OF TREE WARDEN OF THE VILLAGE OF TARRYTOWN
Trustee Butler moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints Scott Weaver, General Foreman of the Department of Public Works and member of the Tree Commission as Tree Warden of the Village of Tarrytown for a term to expire April of 2011.
RESOLUTION APPROVING APPOINTMENT OF ASSISTANT VILLAGE ENGINEER – DONATO PENNELLA
Trustee Zollo moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the provisional appointment of Donato Pennella to the position of Assistant Village Engineer at an annual salary of $90,000 effective June 23, 2008. Said appointment is subject to all Westchester Civil Service rules and regulations.
RESOLUTION AUTHORIZING AN INTER-MUNICIPAL AGREEMENT (IMA) BETWEEN THE VILLAGE OF TARRYTOWN, THE VILLAGE OF SLEEPY HOLLOW AND THE UNION FREE SCHOOL DISTRICT WITH RESPECT TO A SHARED SUMMER DAY CAMP
Trustee McGee moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes the Mayor to sign an inter-municipal agreement (IMA) between the Village of Tarrytown, the Village of Sleepy Hollow and the Union Free School District of the Tarrytowns with respect to a joint 2008 Summer Day Camp.
RESOLUTION AUTHORIZING 2008 SUMMER DAY CAMP SALARY SCHEDULE
Trustee Zollo moved, seconded by Trustee McGee, that the following be approved. Motion carried, all voting “aye” with exception of Trustee Hoyt who abstained. Approved: 4-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the 2008 summer day camp salary schedule as submitted by the Village Treasurer which shall be attached to the minutes of this meeting as part of the official record.
RESOLUTION APPROVING SALARY SCHEDULE – TARRYTOWN MUNICIPAL HOUSING AUTHORITY
Trustee Zollo moved, seconded by Trustee Hoyt and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the following salary schedule effective October 1, 2008 for designated members of the Tarrytown Municipal Housing Authority in accordance with Section 32 of the New York State Housing Law:
Executive Director $95,698
Senior Office Assistant (H.A.) $52,926
Office Asst. (Auto. Systems) $51,894
Foreman $57,912
1st Maintenance Laborer $39,818
2nd Maintenance Laborer $35,500
3rd Maintenance Laborer $31,754
RESOLUTION APPROVING APPOINTMENT OF A PART-TIME LABORER~– BRENDAN CHILLEMI
Trustee Zollo moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby~appoints Brendan Chillemi to the part-time position of Laborer in the Police Department Traffic & Parking Division at~an hourly rate of $9.00 effective June 17, 2008.
AUTHORIZATION TO EXECUTE AGREEMENT FOR CLEANING SERVICES FOR NEW MUNICIPAL BUILDING
Trustee Zollo moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Mayor or his designee is hereby authorized to execute an agreement with a condition (with respect to prorating for the Police Department) for cleaning services for the Municipal Building at One Depot Plaza with Guardian Service Industries, Inc. of Pound Ridge, New York, the lowest proposed, for a period of one (1) year commencing on June 30, 2008 per their proposal of $17,400.
AMENDMENT TO VILLAGE POLICY FOR BENEFITS FOR MANAGEMENT EMPLOYEES
Trustee Zollo moved, seconded by Trustee McGee and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Policy for Benefits for Management Employees shall be amended to provide for a health insurance contribution that is the same as the health insurance contribution for Village employees in the CSEA and subject to the CSEA Collective Bargaining Agreement.
BE IT FURTHER RESOLVED that this policy amendment shall take effect for all employees whose employment commences on or after June 16, 2008.
RESOLUTION AUTHORIZING MEMBERSHIP TO “INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES” COMMONLY KNOWN AS ICLEI
Trustee Hoyt moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 5-0
WHEREAS, the “International Council for Local Environmental Initiatives,”
commonly known as ICLEI was found in 1990 when 200 local governments from 43 countries convened at the “World Congress of Local Governments for a Sustainable Future” conference at the United Nations; and
WHEREAS, ICLEI is now an international association of more than 815 local governments and national and regional local government organizations that have made a commitment to sustainable development; and
WHEREAS, a number of local governments in Westchester County, including the Towns of Mamaroneck, New Castle and North Castle have become members of ICLEI; and
WHEREAS, the Board of Trustees is desirous of membership in ICLEI.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize membership by the Village of Tarrytown in ICLEI for a period of one year, the cost of the membership being $600.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON MAY 19, 2008
Trustee McGee moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 5-0
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 May 19, 2008, as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON JUNE 4, 2008
Trustee Hoyt moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 5-0
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 June 4, 2008, as submitted by the Village Administrator.
APPROVAL OF AUDITED VOUCHERS NO. 000001 THROUGH NO. 000244
Trustee McGee moved, seconded by Trustee Zollo and unanimously carried that the following be approved as amended: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the audited vouchers No. 000001 through No. 000244, is hereby ordered paid in the following amounts as presented with exception of Voucher Nos. 000196 and 000232 to be tabled:
General $ 683,341.51
Water 132,860.39
Capital 653,406.51
Library 1,250.06
Trust & Agency 210,222.60
Total $ 1,681,081.07
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Number 000212 and Trustee Hoyt who abstained from Voucher Numbers Motion carried 5-0.
ADJOURNMENT
Trustee Zollo moved, seconded by Trustee Hoyt and unanimously carried, that the meeting be adjourned at 8:44 p.m.
Carol A. Booth
Village Clerk
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