Board of Trustees
Village of Tarrytown
Regular Meeting No. 19
October 20, 2008 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern and Zollo; Deputy Village Administrator Hart; Village Attorney Shumejda; and Village Clerk Booth
The meeting began with the Pledge to the Flag.
REPORTS
Mayor Fixell reported on the following:
- The New York State Department of Transportation is holding public information meetings this month to discuss the Tappan Zee Bridge. The meetings will be held on October 28th at the White Plains Senior High School; October 29th at the Rockland Community College in Suffern, New York and October 30th at the Central Valley Elementary School in Central Valley, New York. Presentations for each night will begin at 4:30 p.m. and repeated at 7:00 p.m. The current proposal is a new bridge with bus rapid transit as the primary mode of transportation between Port Chester and Suffern. They also are planning on building capacity into the new bridge for commuter rail, which would go from Rockland County hook up through a tunnel into the Hudson line. The commuter rail portion is a very
expensive piece. There are relatively few riders and the likely hood of getting funding for that is not terribly high.
- Election Day is Tuesday, November 4th and if anyone needs an absentee ballot, you must submit an absentee application postmarked by October 28th. The ballot is due by November 3rd. You may get more information and the absentee application form at www.elections.state.ny.us.
- Board of Trustees meetings and Planning Board meetings from June to present, which have not been televised are now available on-line at www.tarrytownmedia.com. We are hoping that Verizon and Cablevision will get these meetings on the air very soon, but in the meantime, the Village meetings will be available at this website. You may also find this link on our website, Tarrytowngov.com.
Trustee Hoyt stated that the Annual Halloween Parade will be held on Saturday, October 25th, at 5:30 p.m. starting at Patriots Park and ending on Main Street for a block party from 6 – 8 p.m. He hopes to see everyone there for a good time.
PUBLIC HEARING TO AMEND CHAPTER 215 OF THE CODE OF THE VILLAGE OF TARRYTOWN ENTITLED “NOISE” BY AMENDING CHAPTER 215-2-E ENTITLED “DELIVERIES AND PICKUPS.”
Trustee Basher 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 20th 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 a proposed amendment to Chapter §215 entitled "Noise" and specifically §215-2 E. entitled "Unlawful acts" of the Tarrytown Code The complete text of this legislation follows:
A LOCAL LAW to amend Chapter §215 entitled "Noise" and specifically §215-2 E. of the Tarrytown Code entitled "Unlawful acts."
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village finds that it is necessary to amend the time mandated for deliveries in order to relieve local businesses of the hardship caused due to the current restriction which does not permit any deliveries before 8:30 a.m.
B. Legislative Intent.
The intent of this amendment is to modify the time permitted for deliveries from 8:30 a.m. to 9:00 p.m. as it currently exists to, 7:00 a.m. to 9:00 p.m. in order to relieve the hardship to some businesses in the Village.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to Chapter §215 entitled "Noise" and specifically §215-2 E. of the Tarrytown Code entitled "Unlawful acts."
§215-2 E. of the Tarrytown Code entitled "Unlawful acts."
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Deliveries and pickups: the making of deliveries of supplies or merchandise of any store or other place of business between the hours of 9:00 p.m. and 7:00 (8:30) a.m., Monday through Saturday, and all day Sunday, except in cases of emergencies. |
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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
Kamal Hassan, C-Town Store Manager, stated that the delivery at 7:00 a.m. would be very helpful.
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the public hearing be continued to the next Board of Trustees meeting on November 3, 2008.
PUBLIC HEARING TO AMEND CHAPTER 215 OF THE CODE OF THE VILLAGE OF TARRYTOWN ENTITLED “NOISE” BY AMENDING CHAPTER 215-6 ENTITLED “OUTDOOR POWER TOOLS AND CONSTRUCTION EQUIPMENT.” (adopted)
Trustee McGovern 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 20th 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 §215-6 of the Tarrytown Code entitled "Outdoor power tools and construction equipment." The complete text of this legislation follows:
A LOCAL LAW to amend §215-6 of the Tarrytown Code entitled "Outdoor power tools and construction equipment."
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village finds that it is necessary to mandate that the operation of outdoor power tools and construction equipment be prohibited uniformly throughout the week in order to maintain an acceptable level of noise for the Village's residents.
B. Legislative Intent.
The intent of this amendment is to mandate that no outdoor power tools and construction equipment be operated after 6:00 p.m. or before 8:00 a.m. seven days a week.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to §215-6 B of the Tarrytown Code entitled "Outdoor power tools and construction equipment."
§ 215-6. Outdoor power tools and construction equipment.
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Construction equipment. It shall be unlawful for any person to operate outdoor power tools and construction equipment after the hour of 6:00 p.m. and before the hour of 8:00 a.m. on any weekday, (and before 9:00 a.m. and after 6:00 p.m. on Saturdays, Sundays and) or Saturday. Outdoor power tools and construction equipment may not be operated on Sunday or any federal legal holidays. Outdoor power tools and construction equipment shall include but not limited to any truck, tractor, bulldozer, backhoe, grader, mobile drill or generator.
Any person can make an application to the Village Engineer requesting an exemption from the requirements of this section on the basis of hardship however, all applicants for a hardship exemption must within 2 days of making a hardship application send written notice of the hardship request by certified mail, return receipt requested, to all owners within 100 feet of the property, at the expense of the applicant. Property owners entitled to notice shall be those listed as owners on the record in the Village of Tarrytown Tax Assessor's office as of the date of mailing. The written notice shall contain a copy of the application made to the Village Engineer requesting the hardship exemption and a statement that "any and all comments with respect to aforementioned application for a hardship exemption must be made in
writing directly to the Village Engineer, Village of Tarrytown, One Depot Plaza, Tarrytown, New York 10591 within 5 days of the date of this notice." The Village Engineer shall make a determination as to whether to grant or deny said hardship request no sooner than 7 days after the initial application has been made. The Village Engineer has the discretion to modify the notice requirements and time frame requirements of this section in the event of an emergency.
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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
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the public hearing be closed.
Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends Chapter 215 of the Code of the Village of Tarrytown “Noise” by amending Chapter 215-6 entitled, “Outdoor power tools and construction equipment.”
WHEREAS, the intent of this legislation is to modify the use of outdoor power tools and construction equipment by prohibiting use on Sundays or any federal legal holidays. Outdoor power tools and construction equipment shall include but not limited to any truck, tractor, bulldozer, backhoe, grader, mobile drill or generator; and
WHEREAS, a public hearing was held for the proposed action on October 20, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on October 11, 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. 16 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
Mayor Fixell questioned whether anyone wished to address the Board on any matter. No one appeared.
BUDGET MODIFICATIONS
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 of the Village of Tarrytown hereby authorizes budget modifications for fiscal year June 1, 2007 to May 31, 2008 as
recommended by the Village Treasurer. (A copy of the budget modifications will be annexed to the official minutes of this meeting.)
TARRYTOWN BOAT CLUB LEASE AMENDMENT
Trustee Basher moved, seconded by Trustee Zollo, 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 authorizes the Mayor to sign a lease agreement amendment with the Tarrytown Boat Club for property owned by the Village and utilized by the Tarrytown Boat Club Inc. and the Tarrytown Marina.
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.
REVISED PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES – SCENIC HUDSON RIVERWALK PARK
Trustee Hoyt moved, seconded by Trustee Butler, 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 authorizes the Village Administrator to sign a proposal with Savin Engineers, P.C. to provide for Construction Management Services for the Scenic Hudson RiverWalk Park in the Village of Tarrytown.
SEQRA - ORGANIC WASTE TRANSFER STATION
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby declare itself to be lead agency in relation to the development and operation of an organic waste transfer station off of Tower Hill Road; and
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown has reviewed all documentation in regards to this proposal and finds that this proposal poses no adverse environmental impact and does hereby issue a Negative Declaration in regards to the organic waste transfer station project.
NEW REGULATION OF PARKING - NEW MUNICIPAL BUILDING
Trustee Hoyt moved, seconded by Trustee McGee, 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 following amendment to the Village Code so as to restrict the parking of vehicles in the parking lot adjacent to the south side of the Village Hall to persons conducting business at the Village Hall.
BE IT FURTHER RESOLVED that the following legislation be added to Chapter 291-57 entitled, “Limits of parking hours:”
C. NO PERSON SHALL PARK OR CAUSED TO BE PARKED ANY MOTOR VEHICLE IN THE MUNICPAL PARKING FIELD ADJACENT TO THE SOUTH SIDE OF THE VILLAGE MUNICIPAL BUILDING LOCATED AT ONE DEPOT PLAZA UNLESS THEY ARE ACTIVELY ENGAGED IN BUSINESS WITHIN THE BUILDING.
SCHEDULE A PUBLIC HEARING
Trustee Butler 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 meeting of November 3, 2008, to hear and consider amendments to the Zoning Code of the Village of Tarrytown.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON OCTOBER 6, 2008
Trustee McGovern moved, seconded by Trustee Zollo that the following be approved. Motion carried, all voting “aye” with exception of Trustees Basher and McGee who abstained. 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 October 6, 2008, as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON OCTOBER 15, 2008
Trustee Hoyt moved, seconded by Trustee Basher that the following be approved. Motion carried, all voting “aye” with exception of Trustees McGee and McGovern who abstained. 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 15, 2008, as submitted by the Village Administrator.
APPROVAL OF AUDITED VOUCHERS NO. 001629 THROUGH NO. 001828
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. 001629 through No. 001828, 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 001709, 001710, 001711, 001811, and 001812 and Trustee Hoyt who abstained from Voucher Numbers 001801 and 001806. Motion carried. 7-0
ADJOURNMENT
Trustee McGovern moved, seconded by Trustee Hoyt and unanimously carried, that the meeting be adjourned at 8:25 p.m.
Carol A. Booth
Village Clerk
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