Board of Trustees
Village of Tarrytown
Regular Meeting No. 13
September 2, 2008 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern and Zollo; Village Administrator Blau; Village Attorney Shumejda; and Village Clerk Booth
The meeting began with the Pledge to the Flag.
MOMENT OF SILENCE – JEROME W. (JERRY) BLOOD
Mayor Fixell requested a moment of silence for former Trustee/Deputy Mayor Jerry Blood who passed away on August 23, 2008. Jerry served as a Village of Tarrytown Trustee for seven terms from 1975 – 1986 and from 1987 to 1991. The Tarrytown Board of Trustees would like to extend our deepest sympathy to the Blood family.
Trustee Basher stated that Jerry Blood was quite active in the Village. He was very involved with the Ambulance Corp; he was a member of the COC Board of Directors for many years and has served as liaison to just about every committee on behalf of the Village. One of the things that will be a part of his legacy is that he single handedly worked out a deal with Robert Martin to have Grand Union to open a store on Cortlandt Street. The Village had tried for many years to get a supermarket in this area and it was Jerry that made it happen. On a personal note, Trustee Basher’s mother served on the Village Board for a couple of years with Jerry Blood and interesting enough, they shared the same birthday, February 1st. Trustee Basher extends his deepest sympathy to Alice and the
Blood Family. The Village owes a lot of gratitude for all the good work Jerry did for the Village.
REPORTS
Trustee Basher stated that he and Michael Blau, Village Administrator, met with a representative from Verizon regarding the FIOS Live Broadcast on the Government Channel. Their engineers are coming very soon to setup the wiring in our new Village Hall. Two weeks after that, the Verizon technicians will actually connect it all and we will have live broadcast from our meeting hall for the Board of Trustees and Planning Board meetings. The Verizon Government Channel with the Village scroll should be going out on Verizon Channel 28. We are currently negotiating with Cablevision and are planning for their equipment to be installed at Village Hall as well.
Trustee Hoyt thanked everyone involved with our Summer Camp programs including the campers, counselors, directors and the Recreation Department. Everyone had a great time.
PUBLIC HEARING TO AMEND CHAPTER 281 TREES, SECTION 15, PENALTIES AND OFFENSES RELATING TO THE ENFORCEMNT OF CHAPTER 281 (adopted)
Trustee Hoyt moved, seconded by Trustee McGovern and unanimously carried that the public hearing be opened.
Attorney Shumejda stated that this amendment will appoint the Code Enforcement Officer to enforce the Tree Ordinance instead of the Tree Warden.
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 2nd day of September, 2008, in the Municipal Building, One Depot Plaza, 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 281-15 entitled “Trees” and specifically §281-15 entitled “Penalties for offenses” of the Tarrytown Code. The complete text of the proposed amendments is available at Village Hall. A summary of the proposed legislation follows:
A LOCAL LAW to amend the Code of the Village of Tarrytown by amending Chapter 281-15 entitled “Trees” and specifically §281-15 entitled “Penalties for offenses” of the Tarrytown Code.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact
The Board of Trustees of the Village finds that code enforcement officer for the Village is the more appropriate official to enforce the tree ordinance and impose any fines pursuant to §281-15 entitled “Penalties for offenses” of the Tarrytown Code in lieu of the Tree Warden.
B. Legislative Intent.
The intent of this amendment is to designate the Village code enforcement officer as the proper individual to enforce the tree ordinance and impose any fines pursuant to §281-15 entitled “Penalties for offenses” of the Tarrytown Code in lieu of the Tree Warden.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to Chapter 281-15 entitled “Trees” and specifically §281-15 entitled “Penalties for offenses” of the Tarrytown Code.
§ 281-15. Penalties for offenses.
A. This chapter shall be enforced by the code enforcement officer of the Village of Tarrytown (the Tree Warden and/or his designees), except where such enforcement is vested with the Highway Superintendent by the laws of the State of New York.
No further changes to Section
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 THE 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 Zollo moved, seconded by Trustee McGee, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends Chapter 281, Trees, Section 15, Penalties and Offenses, by deleting the Tree Warden or his/her designee and adding the Code Enforcement Officer of the Village of Tarrytown as the individual(s) to enforce Chapter 281 and any violations thereof.
WHEREAS, a public hearing was held for the proposed action on September 2, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on August 27, 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. 13 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 the following:
- In the 2003 Water Audit report, there was a mistake where the Hilton Inn was over charged for water in the amount of $140,000. The Village floated a bond to pay for this mistake at an interest rate of 4.5 – 5%. He believes it would have been wiser to pay this with the Village’s cash revenue.
- He is also very concerned about the water department’s loss of water and revenue. The Village paid for water that they cannot account for. He is looking forward to meeting with Michael Blau, Village Administrator to get answers on this water audit report. He also believes if we can find these discrepancies and reconcile the books that maybe we can reduce taxes instead of spending them.
AUTHORIZATION – EXECUTE AGREEMENT WITH THE STATE OF NEW YORK
Trustee McGee moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Village Administrator is hereby authorized to execute an agreement between the Village of Tarrytown and The State of New York, regarding funding for a shared parks and recreation feasibility study among the Villages of Tarrytown and Sleepy Hollow and the Union Free School District of the Tarrytowns in an amount totaling $123,815.60.
AUTHORIZATION – EXECUTE SERVICE AGREEMENT – ASTRAL COMPUTING, INC.
Trustee Basher moved, seconded by Trustee Hoyt and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Village Administrator is hereby authorized to execute a service agreement with Astral Computing Inc. for computer software and hardware support for the Tarrytown Police Department.
AUTHORIZATION – EXECUTE LETTER AGREEMENT – BFJ PLANNING TO CONTINUE THE ZONING CODE UPDATE ASSISTANCE
Trustee Butler moved, seconded by Trustee McGovern and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Village Administrator is hereby authorized to execute a letter agreement with BFJ Planning for ongoing planning consulting services relating to the updating of the Zoning Code in an amount not to exceed $10,000.
OPEN SPACE FUND – TAXTER RIDGE GATEWAY PROJECT
Trustee Basher moved, seconded by Trustee Hoyt and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees hereby commits $500,000 from the Open Space Fund for the Taxter Ridge Gateway Project subject to the provision of funding from other sources for the Taxter Ridge Gateway Project: and
BE IT FURTHER RESOLVED, the $500,000 will be funded from a future financing resolution.
CAPITAL BUDGET FOR FISCAL YEAR 2008-2009
Trustee Basher moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 7-0
Trustee Hoyt thanked Administrator Blau for doing a great job on the capital budget.
BE IT RESOLVED that the Board of Trustees hereby approves the following capital budget for fiscal year 2008-2009:
General Fund
Road Repaving $175,000
Riverwalk Park and Shoreline Stabilization $1,300,000
Renovate 1st Floor Bathroom (ADA) at Phenix Hose $20,000
Generators @ Washington Engine and Consolidated Engine $50,000
Bailout Ropes and Harnesses $22,000
Turn Out Gear $55,000
Sanitation Truck $203,000
Large Dump Truck $155,000
Mason Dump Truck (DPW) $40,000
Mason Dump Truck (Parks & Recreation) $40,000
Mason Cab & Chassis $30,000
Replace Dump Body $20,000
Senior Citizens Van/Bus $30,000
Riding Mower (6' mow deck) $18,650
Total: $2,158,650
Water Fund
Water Main Improvements - Valve Replacement $1,200,000
Water Main Improvements - Water Main Replacement; $1,200,000
Wilson Park, Sheldon Avenue, Sunnyside Lane
Pick-up Truck $35,000
Total: $2,435,000
SCHEDULE A PUBLIC HEARING
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 does hereby schedule a Public Hearing for the Board of Trustees meeting of September 15, 2008, to hear and consider an amendment to Chapter 291-59, Pedestrians in Roadways.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON AUGUST 18, 2008
Trustee Basher moved, seconded by Trustee McGee that the following be approved. Motion carried, all voting “aye” with exception of Trustee Hoyt who abstained. 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 August 18, 2008, as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE EXECUTIVE SESSION OF THE VILLAGE OF TARRYTOWN HELD ON AUGUST 13, 2008
Trustee Hoyt 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 the minutes of the Executive Session of the Board of Trustees held on August 13, 2008, as submitted by the Village Attorney.
APPROVAL OF AUDITED VOUCHERS NO. 001047 THROUGH NO. 001195
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 the audited vouchers No. 001047 through No. 001195, is hereby ordered paid in the following amounts as presented:
General $ 295,055.59
Water 119,134.52
Capital 519,999.89
Library 9,916.77
Trust & Agency 22,699.85
Total $ 966,806.62
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 001099, 001118, and 001144 and Trustee Hoyt who abstained from Voucher Numbers 001089 and 001062. Motion carried. 7-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Butler and unanimously carried, that the meeting be adjourned at 8:30 p.m.
Carol A. Booth
Village Clerk
| 
