Board of Trustees
Village of Tarrytown
Regular Meeting No. 12
August 18, 2008 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, McGee, McGovern and Zollo; Village Administrator Blau; Village Attorney Shumejda; and Village Clerk Booth
ABSENT: Trustee Hoyt
The meeting began with the Pledge to the Flag.
REPORTS
Mayor Fixell stated that the Village of Tarrytown received a grant award from the New York State Archives for a Records Management Inactive Records Storage and Retrieval grant in the amount of $36,961.00. Our Village Clerk will be heading this project to better organize our records and files.
PUBLIC HEARING TO DESIGNATE BUILDINGS AT THE EF SCHOOL (MARYMOUNT COLLEGE) AS VILLAGE HISTORIC LANDMARKS
Trustee McGee moved, seconded by Trustee Basher 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 18th day of August, 2008, at 8 P.M. in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon proposed amendment to Chapter 191 of the Tarrytown Zoning Code entitled “Historic Districts and Landmarks" in order to designate Butler Hall, Gerard Hall and the Science Hall on the property commonly known as Marymount College as Historic Landmarks. The complete text of this legislation follows:
A LOCAL LAW to amend Chapter 191 of the Tarrytown Zoning Code entitled "Historic Districts and Landmarks" in order to designate Butler Hall, Gerard Hall and the Science Hall on the property commonly known as Marymount College as Historic Landmarks.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village finds that
B. Legislative Intent.
The intent of this amendment is to designate Butler Hall, Gerard Hall and the Science Hall on the property commonly known as Marymount College as Historic Landmarks pursuant to Chapter 191 of the Tarrytown Zoning Code entitled "Historic Districts and Landmarks"
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to Chapter 191 of the Tarrytown Zoning Code entitled “Historic Districts and Landmarks"
§ 191-4. Historic Landmark Designations on the Property Commonly Known as Marymount College.
The Board of Trustees designates Butler Hall, Gerard Hall and the Science Hall on the property commonly known as Marymount College as Historic Landmarks. The Board of Trustees finds and declares that these buildings have special characteristics and historical value and they represent the architecture, style and related features of the first half of the 20th century of American history.
(§ 191-4.) § 191-5. Construal of provisions.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any structure, whether a landmark or within an historic district or otherwise, which does not involve a change in design, material, color or outer appearance thereof.
(§ 191-5.) § 191-6. Penalties for offenses; abatement of violations.
A. Penalties for offenses.
(1) It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, remove, demolish, equip, use, occupy, change the appearance of or maintain any building or structure or portion thereof which is a duly designated landmark or is located in a duly designated historic district hereunder, in violation of any provision of this chapter, or to fail in any manner to comply with a notice, directive or order of the Building Inspector hereunder or to construct, alter, use, occupy or destroy any building or structure or part thereof in a manner not permitted by an effective certificate of appropriateness or building permit or certificate of occupancy properly issued hereunder.
(2) Penalties shall be as provided in Chapter 1, General Provisions, Article II.
B. Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or demolition or to restrain, correct or abate a violation of the provisions of Subsection A hereof or to prevent acts, conduct or business declared illegal in this chapter; and these remedies shall be in addition to the penalties prescribed in Subsection A hereof.
No further changes to this Chapter.
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
George Gasparini, 47 Paulding Avenue, stated that he believes that the annual Village tax for the EF School in the amount of $125,000 is very low for the large, beautiful parcel of land.
Attorney Shumejda stated that the law in the State of New York is very clear and states that you assess property at its current use, not what it potentially can yield in the future. This property has been assessed appropriately for an educational institution for profit and, therefore, the tax assessment is correct.
Trustee Basher moved, seconded by Trustee McGee, and unanimously carried that the public hearing be closed.
Trustee McGee 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 designation of Butler Hall, Gerard Hall and the Science Building at the EF School (Marymount College) as Village Historic Landmarks; and
WHEREAS, a public hearing was held for the proposed action on August 18, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on July 31, 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:
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. 12 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
George Gasparini, 47 Paulding Avenue, stated that he would like the Board to be cognizant of how money is spent and stated the following:
- He would like input on the Village’s water fund audit in 2002 by the New York State Comptroller’s Department that showed a loss of water in the amount of $486,000 in revenue.
- He would like to see the Village’s garbage cans on Main Street kept cleaner.
- He wanted to know why the Village purchased $12,000 in snow blowers.
Mayor Fixell stated that he would get the facts on the water audit and report back to Mr. Gasparini. The Village is in the process of replacing the garbage cans on Main Street which will be easier to keep clean. The Village purchased snow blowers for snow removal for all six of the Fire Companies.
SET PUBLIC HEARING WITH RESPECT TO THE VILLAGE TREE ORDINANCE RELATING TO CODE ENFORCEMENT
Trustee McGovern moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that a public hearing is hereby scheduled for the September 2, 2008, Board of Trustees meeting to hear and consider an amendment to Chapter 281, Trees, Section 15, Penalties and Offenses relating to the enforcement of Chapter 281.
APPROVAL TAX CERTIORARI – 120 WHITE PLAINS ROAD
Trustee Basher 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 tax certiorari settlement with 120 White Plains Road as outlined in the Village Attorney’s memorandum dated June 24, 2008.
APPROVAL TAX CERTIORARI – 360 SOUTH BROADWAY
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 tax certiorari settlement with 360 South Broadway as outlined in the Village Attorney’s memorandum dated June 23, 2008.
APPROVAL TAX CERTIORARI – 57-59 AND 69 NORTH BROADWAY
Trustee McGovern moved, seconded by Trustee Basher 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 tax certiorari settlement with 57-59 and 69 North Broadway as outlined in the Village Attorney’s memorandum dated July 14, 2008.
APPROVAL TAX CERTIORARI – COUNTY HOUSE ROAD/WILSON PARK – 48 ACRES
Trustee Zollo moved, seconded by Trustee McGovern 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 tax certiorari settlement with County House Road/Wilson Park – 48 Acres as outlined in the Village Attorney’s memorandum
dated July 16, 2008.
AUTHORIZATION – EXECUTE AGREEMENT WITH U.S. DEPARTMENT OF AGRICULTURE
Trustee Basher moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Village Administrator is hereby authorized to execute the Cooperative Agreement between the Village of Tarrytown and The United States Department of Agriculture, Natural Resources Conservation Service for $177,747 in funding for shoreline stabilization in Pierson Park.
ACCEPTANCE OF EASEMENT – FIRST CHURCH OF CHRIST SCIENTIST
Trustee Butler moved, seconded by Trustee McGee and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute an easement agreement between the Village of Tarrytown and the First Church of Christ Scientist, Tarrytown, New York, relating to a storm water management program on the property.
EXECUTION OF LICENSE AGREEMENT – WILSON PARK HOME AND LAND COMPANY, LLC
Trustee Basher moved, seconded by Trustee McGovern and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute a license agreement between the Village of Tarrytown and Wilson Park Home and Land Company, LLC to provide for a temporary 15 ft. wide license for the placement of water pipes.
RESOLUTION TO CHANGE THE DATE OF THE SEPTEMBER 1, 2008 REGULAR MEETING OF THE BOARD OF TRUSTEES
Trustee McGee 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 reschedules the September 1, 2008 Board of Trustees meeting to September 2, 2008.
RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES
Trustee Basher moved, seconded by Trustee McGovern and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown approves the following Fire Department personnel changes recommended at the July 15, 2008 Board of Fire Wardens meeting: Membership: Julio Lopez was removed from the active roll of Hope Hose Company, Lenny Schepps was removed from the active roll of Conqueror Hook & Ladder Company. New Drivers: Tim Arduino (E76), Ryan
Nyrady (TL78) and James Kessler (E80) have successfully passed requirements for driver of Utility 61. Tim Arduino has also taken the appropriate courses for Fire Boat Five.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JULY 21, 2008
Trustee Basher moved, seconded by Trustee McGee 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 July 21, 2008 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 000638 THROUGH NO. 001046
Trustee Basher moved, seconded by Trustee McGovern 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. 000638 through No. 001046 in the total amount of $961,908.43 as presented by the Village Treasurer.
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 000678, 000759, 000760, 000761, 000762, 000814, 000990, 000991, 000992, 000993 and 000994. Motion carried. 6-0
ADJOURNMENT
Trustee McGee moved, seconded by Trustee Zollo and unanimously carried, that the meeting be adjourned at 8:25 p.m.
MEETING RECONVENED
Trustee McGee moved, seconded by Trustee Zollo and unanimously carried, that the meeting reconvene to correct the total amount of the August 18, 2008, audited vouchers No. 000638 through No. 001046, to the corrected amount of $2,261,578.35
The Board was re-polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 000678, 000759, 000760, 000761, 000762, 000814, 000990, 000991, 000992, 000993 and 000994. Motion carried as corrected. 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the audited vouchers No. 000638 through No. 001046, is hereby ordered paid in the following amounts as presented:
General $ 690,444.48
Water 247,471.86
Capital 948,770.17
Library 11,140.27
Trust & Agency 363,751.57
Total $ 2,261,578.35
RE-ADJOURNMENT
Trustee McGee moved, seconded by Trustee Zollo and unanimously carried, that the meeting be re-adjourned at 8:27 p.m.
Carol A. Booth
Village Clerk
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