Board of Trustees
Village of Tarrytown
Regular Meeting No. 17
October 6, 2008 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees, Butler, Hoyt, McGovern and Zollo; Village Administrator Blau; Village Treasurer Hart; Village Attorney Shumejda; and Village Clerk Booth
ABSENT: Trustees Basher and McGee
The meeting began with the Pledge to the Flag.
REPORTS
Trustee Zollo read two letters from the Tarrytown Volunteer Fire Department
Trustee Hoyt reported on the following fall Recreation Events:
- Saturday, October 11th - The annual Scarecrow making event at Patriots Park beginning at 10:30 a.m.
- Wednesday, October 15th – Halloween window painting held in conjunction with the Tarrytown/S.H. Arts Council. With the support of local merchants, downtown Tarrytown (Route 9) will be decorated. The event is held from 3:30 p.m. – 5:30 p.m. Paint supplies and canvas provided.
- Friday, October 17th – Third Friday, 5 p.m. – 9 p.m., is brought to you by the merchants of Tarrytown and the Village of Tarrytown, as well as many other generous sponsors. Located on Main Street and Broadway, a Halloween theme will be highlighted throughout the evening. Music and Halloween activities will be in the offering.
- Saturday, October 18th - The annual Pumpkin Hunt at Patriots Park at 1:30 p.m. Hunt for the great big pumpkin, prizes and fun for all ages.
- Saturday, October 18th – The annual Rag-a-Muffin Parade, assembly at Patriot’s Park at 1:45 p.m. Sidewalk parade steps off at 2:00 p.m. and proceeds to the Main Street Firehouse for candy and musical entertainment.
- Saturday, October 25th - The great Village-wide Halloween Parade will assemble at Patriot’s Park at 4:30 p.m. The parade steps off at 5:30 p.m. and proceeds down Route 9 to Main Street and ends at the Y.M.C.A. Floats are welcome as well as marchers. Musical entertainment will be held after the parade on Main Street (Block Party).
For additional information, please contact the Recreation Office at 631-8347.
Trustee Zollo read two letters of distinction from the Tarrytown Fire Department, Fire Chief Derivan addressed to the Mayor and the Board of Trustees with respect to honorable service awards from Westchester County for the heroic acts of the Tarrytown Fire Department. (Letters shall be affixed to these minutes as part of the official public record.)
PUBLIC HEARING TO AMEND CHAPTER 97 OF THE CODE OF THE VILLAGE OF TARRYTOWN ENTITLED “BUILDING CONSTRUCTION” BY ADDING A NEW SECTION, CHAPTER 97-10 ENTITLED “KEY BOXES FOR COMMERCIAL BUILDINGS.” (adopted)
Trustee McGovern moved, seconded by Trustee Zollo and unanimously carried that the public hearing be opened.
Attorney Shumejda stated that this amendment will require for any new construction on commercial buildings that requires a building permit, the owner will have to install a key box which would allow the fire department to gain access in case of an emergency.
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 6th day of October, 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 97 of the Tarrytown Zoning Code entitled "Building Construction" by adding §97-10. "Key Boxes for Commercial Buildings." The complete text of this legislation follows:
A LOCAL LAW to amend Chapter 97 of the Tarrytown Zoning Code entitled "Building Construction" by adding §97-10. "Key Boxes for Commercial Buildings."
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village finds that the installation of key boxes near the entrance of all commercial buildings will enhance the fire safety and prevention efforts of the Tarrytown Volunteer Fire Department and ultimately the general public by enabling easy access to a commercial building in the event of a fire or if a fire or other emergency is suspected.
B. Legislative Intent.
The intent of this amendment is to mandate that a key box be installed before a building permit is issued for any commercial building within the Village of Tarrytown.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to Chapter 97 of the Tarrytown Zoning Code entitled "Building Construction" by adding §97-10. "Key Boxes for Commercial Buildings."
§97-10. Key Boxes for Commercial Buildings.
A. Where required. Prior to the issuance of a building permit for any commercial building, where access to or within a commercial building is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the code enforcement official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the code enforcement official.
B. Locks. An approved lock shall be installed on gates or similar barriers when required by the code enforcement official.
C. Key Box Maintenance. The operator of the building shall immediately notify the code enforcement official and provide the new key when a lock is changed or rekeyed. The key to such lock shall be secured in the key box.
No further changes to 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
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried that the public hearing be closed.
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 5-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends Chapter 97 of the Code of the Village of Tarrytown “Building Construction” by adding a new Section Chapter 97-10 entitled, “Key Boxes for Commercial Buildings.” This amendment requires the installation of key boxes on commercial buildings when a building permit is issued.
WHEREAS, a public hearing was held for the proposed action on October 6, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on October 4, 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. 15 of 2008.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD. SPEAKERS HAVE FIVE (5) MINUTES BEFORE YIELDING TO THE NEXT SPEAKER; THEN THREE (3) MINUTES FOR ADDITIONAL COMMENTS
George Gasparini, 47 Paulding Avenue, stated the following:
- He had a pleasurable meeting with Village Administrator Blau this morning and he thanks Mr. Blau for that. Administrator Blau will be looking into the water fund with respect to meter reading and bookkeeping corrections.
- Could we return the snow blowers and purchase a gum busting machine to clean the sidewalks to enhance the entire village. He believes that would be a better expenditure.
Fire Chief Pat Derivan, stated that the snow blowers were purchased last year in order for the fire department to properly remove snow for the safety of the pedestrian traffic and for the safety of all the residents in case of a fire emergency. He believes that the highway department is busy plowing the primary and secondary roadways and that the bobcat is a larger piece of equipment that would be difficult transporting from one end of the village to the other. On behalf of the fire department, he is thankful for the snow blowers.
APPROPRIATION OF FUND BALANCE
Trustee McGovern 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 appropriates $1,361,727 of the undesignated fund balance for the payment of future tax certiorari liability.
INTER-MUNICIPAL AGREEMENT REGARDING ORGANIC YARD WASTE TRANSFER PROGRAM
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute an Inter-municipal Agreement with Westchester County regarding the creation of an Organic Yard Waste Transfer Program.
RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES
Trustee McGovern 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 following Fire Department personnel changes recommended at the September 16, 2008 Board of Fire Wardens meeting: Membership: Marco Girao was approved to Active membership of Washington Engine Co.; Robert M. Derivan was transferred from Riverside Hose to Conqueror Hook & Ladder Co. Drivers: Robert M. Derivan was removed as driver of Engine 80 and approved as driver of Truck 37.
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby rescinds the out-of-town active status for Steven Brady.
RESOLUTION TO DESIGNATE CERTAIN VILLAGE VEHICLES AS SURPLUS
Trustee Zollo moved, seconded by Trustee McGovern, 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
declares that the following vehicles are surplus:
1994 Chevrolet (Police Car 57)
1996 Chevrolet (Recreation Car 1)
2000 Ford (404)
SCHEDULE A PUBLIC HEARING
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 5-0
Village Attorney Shumejda stated that the amendment to the “Deliveries and pickups” ordinance will allow the making of deliveries of supplies or merchandise of any store or place of business between the hours of 9:00 p.m. and 7:00 a.m., Monday through Saturday, with no deliveries on Sunday. The amendment to the “Outdoor power tools and construction equipment” ordinance will not allow outdoor power tools and construction equipment to be operated on Sunday or any federal legal holiday. Outdoor power tools and construction equipment shall include but not limited to any truck, tractor, bulldozer, backhoe, grader, mobile drill or generator.
BE IT RESOLVED that the Board of Trustees does hereby schedule a
Public Hearing for the meeting of October 20, 2008, to hear and consider amendments to Chapter 215 “Noise” of the Code of the Village of Tarrytown, Section 215-2 Sub-section E., entitled “Deliveries and pickups” and Section 215-6 entitled “Outdoor power tools and construction equipment.”
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 15, 2008
Trustee McGovern 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 September 15, 2008, as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 10, 2008
Trustee Hoyt moved, seconded by Trustee McGovern, 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 September 10, 2008, as submitted by the Village Attorney.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON OCTOBER 1, 2008
Trustee McGovern 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 Special Meeting of the Board of Trustees held on October 1, 2008, as submitted by the Village Attorney.
APPROVAL OF AUDITED VOUCHERS NO. 001415 THROUGH NO. 001628
Trustee McGovern 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 audited vouchers No. 001415 through No. 001628, is hereby ordered paid in the following amounts as presented:
General $ 479,590.90
Water 75,919.07
Capital 266,775.07
Library 14,286.50
Trust & Agency 190,382.36
Total $1,026,953.90
The Board was polled all voting “aye” with the exception of Trustee Hoyt who abstained from Voucher Numbers 001534, 001536, 001543, 001454, and 001502. Motion carried. 5-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried that the meeting be adjourned at 8:25 p.m.
Carol A. Booth
Village Clerk
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