Board of Trustees
Village of Tarrytown
Regular Meeting No. 22
November 17, 2008 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee and McGovern; Village Administrator Blau; Village Treasurer Hart; Village Attorney Shumejda; and Village Clerk Booth
ABSENT: Trustee Zollo
The meeting began with the Pledge to the Flag.
REPORTS
Mayor Fixell announced that tonight’s board meeting is a live broadcast on Verizon FIOS for the first time since we moved into our new building, but we are not yet going out live on Cablevision.
Trustee Basher stated that we are now going out live on Verizon FIOS and he understands that Cablevision will be meeting this Thursday to install their equipment. He hopes that by our December 1st meeting, Cablevision will be up and running as well. He would like this information to get out to the public.
Trustee Hoyt stated that the Village Annual “Tree Lighting” will be held on Saturday, December 6th at Patriot’s Park at 5:00 p.m. A visit from Santa and refreshments will be offered.
The Board of Trustees wished everyone a Happy Thanksgiving.
CONTINUED PUBLIC HEARING TO AMEND CHAPTER 305, THE ZONING CODE OF THE VILLAGE OF TARRYTOWN
Trustee McGovern moved, seconded by Trustee Basher and unanimously carried that the public hearing be opened.
Susan Favate, BFJ Senior Planner, stated that she has been working with the Zoning Code Update Committee for about a year and are now bringing forth the proposed zoning code revisions. The revisions are generally minor. They will bring the code up to date, make it a user-friendly document, and correct the confusing and obsolete language. These proposed revisions occur throughout the zoning code and fall into three categories; structural, administrative, or minor substantive. On the environmental assessment form, it showed that approximately one third of these proposed revisions can either be categorized as minor substantive or having some potential impact under SEQRA. However, the EAF also demonstrated that the potential impacts are either positive or not significant.
Therefore, there are no anticipated significant adverse environmental impacts.
Mayor Fixell stated that the board has had several extensive discussions on the proposed zoning code revisions at work sessions. The proposed revisions have been available on our web site, Village Hall and the library. These revisions came out of the comprehensive planning process and following this there will be a more extensive analysis and review of major substantive changes to the code.
David Aukland, Chair of the Zoning Code Update Committee, thanked the entire team who had worked very hard. The work was quite arduous for three of the members; Michael J. McGarvey, Kathy D’Eufemia and Sam Viera. He believes that this is going to be helpful for not only the Village employees, but for the residents dealing with applications under that section of the village code.
The Board must approve the SEQRA resolution prior to amending the Code.
Resolution regarding SEQR Determination Adoption of Amendments to the Code of the Village of Tarrytown, Chapter 305, Zoning was tabled to the next board meeting to be held on December 1, 2008.
Trustee McGovern moved, seconded by Trustee Basher, and unanimously carried that the public hearing be continued to the next board meeting.
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, asked the board why the village was doing another audit on our water system. Administrator Blau stated that this is an independent engineering firm that will do a top to bottom analysis on our entire water system, including when the water comes through the pay meters to the residents meters as well as the accounting and billing side of it.
APPROVING HOLIDAY METER PARKING REGULATIONS
Trustee Basher moved, seconded by Trustee Hoyt, 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 holiday meter parking program by designating certain parking meters to be covered to allow free parking (with a two-hour limit) from Monday, December 8, 2008 through Sunday, December 28, 2008 at the following locations: all downtown business district street meters, municipal lots on South Washington Street, McKeel Avenue, Windle Park (Village portion), Neperan Road (Village portion), and South Broadway.
AUTHORIZING AN AGREEMENT BETWEEN THE VILLAGE OF TARRYTOWN AND THE HUDSON RIVER ESTUARY PROGRAM
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Village Administrator of the Village of Tarrytown is hereby authorized and directed to enter into and execute a project agreement (Contract No. C303661) with the Hudson River Estuary Program, in accordance with the provisions of the Hudson River Estuary Management Act (ECL 11-0306) of the NYS Department of Environmental Conservation, in an amount not to exceed $100,000, for such financial assistance to the Village of Tarrytown for Open Space/ Park Design of the Tarrytown Waterfront Parks.
REQUEST FOR FINANCIAL SUPPORT TO TARRYTOWN/SLEEPY HOLLOW WOLFPACK FOOTBALL AND CHEERLEADERS
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 appropriates $5,000 for the Tarrytown/Sleepy Hollow Wolfpack Football and Cheerleaders for fiscal year 2008-2009 to assist in the financing of the operations of the Tarrytown/Sleepy Hollow Wolfpack.
PROPOSAL FOR WATER SYSTEM ENGINEERING EVALUATION AND AUDITING SERVICES
Trustee Hoyt moved, seconded by Trustee McGee, and unanimously carried that the following be approved as amended: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes the Village Administrator to execute an agreement with Woodard & Curran Inc. to provide an engineering evaluation and auditing service to the water system in the Village of Tarrytown in the amount not to exceed $20,000.00.
APPROVAL OF THE LOH PARK FLOOD MITIGATION PROJECT
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried that the following be approved: Approved: 6-0
WHEREAS, the Village of Tarrytown filed a pre-application to the Westchester County Flood Action Program for funding to address flooding issues in the Loh Park watershed; and
WHEREAS, the preliminary application for the project entitled Loh Park Flood
Mitigation was reviewed by the Westchester County Flood Action Task Force and the Task Force has determined that the proposed project has met the initial eligibility criteria set forth in the funding program fact sheet of the Flood Action Task Force; and
WHEREAS, in order to move the funding request forward, the Village of Tarrytown must file a final application with a more detailed description of the proposed project; and
WHEREAS, the final application must include information not included in the pre-application, including but not limited to:
- The amount of the proposed cost sharing by the Village, which at a minimum must be 50% from non-County sources
- How the project serves a County purpose
- Actions required of the Village to implement the proposed project
- A Project Management Plan
WHEREAS, in addition to the information required for inclusion in the final application, the Board of Trustees must adopt a resolution associated with the said application.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the submission of the final application for the Loh Park Flood Mitigation project to the Westchester County Flood Action Task Force; and
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby commit to working cooperatively with Westchester County and other municipalities in Westchester County within the watersheds that include Tarrytown to reduce flooding and flood damages; and
BE IT FURTHER RESOLVED that the Board of Trustees does hereby commit $800,000 as the cost sharing component of the Loh Park Flood Mitigation project, such funds to be provided from various non-County sources.
VEHICLE AND TRAFFIC CODE AMENDMENT FOR A STOP SIGN/YIELD SIGN AT TOWER HILL ROAD
Trustee Basher moved, seconded by Trustee Hoyt, 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 following amendment to the Village Vehicle and Traffic Code:
All new material is set forth in capital letters. Material to be deleted is set forth in
parenthesis.
§ Section 291-73. Schedule VIII: Stop Intersections
In accordance with the provisions of Section 291-11, the following described intersections are hereby designated as stop intersections, and stop signs shall
be installed as follows:
Direction
Stop Sign on Of Travel At Intersection of
TOWER HILL ROAD NORTH TOWER HILL ROAD,
WEST LEG EAST LEG
§ 291-69. Schedule IV: One-Way Streets
Direction
Name of Street Of Travel Limits
(Tower Hill Road (Southwest) (From a point 87 feet
Southeasterly leg) from Neperan Road to
the intersection of
Neperan Road)
WESTCHESTER COUNTY CONSERVATION EASEMENT – SCENIC HUDSON
RIVERWALK
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 authorizes the Village Administrator to sign a conservation easement agreement with Westchester County associated with the Scenic Hudson RiverWalk Park Project subject to the approval of the agreement by the Village Attorney.
APPROVAL TAX CERTIORARI – TWO HUDSON STREET REALTY – 2 HUDSON STREET
Trustee McGovern 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 tax certiorari settlement with Two Hudson Street Realty as outlined in the Village Attorney’s memorandum dated October 22, 2008.
APPROVAL TAX CERTIORARI – 39-51 NORTH BROADWAY ASSOCIATES
Trustee Basher moved, seconded by Trustee Hoyt, 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 39-51 North Broadway Associates as
outlined in the Village Attorney’s memorandum dated October 23, 2008.
APPOINTMENT OF MOTOR EQUIPMENT OPERATOR/SANITATION DEPARTMENT
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 appoints Taft Smith to the full-time position of Motor Equipment Operator/Sanitation Department, Step 4, effective November 18, 2008 at an annual salary of $54,460 subject to all Civil Service rules and regulations.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON NOVEMBER 3, 2008
Trustee McGee 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 minutes of the regular meeting of the Board of Trustees held on November 3, 2008 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 001977 THROUGH NO. 002170
Trustee Hoyt 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 audited vouchers No. 01977 through No. 002170, is hereby ordered paid in the following amounts as presented:
General $ 282,014.32
Water 116,357.54
Capital 498,926.42
Library 5,788.04
Trust & Agency 18,329.89
Total $ 921,416.21
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 002037, 002093, 002094 and 002095 and Trustee Hoyt who abstained from Voucher Numbers 002051 and 002052. Motion carried. 6-0
ADJOURNMENT
Trustee Basher moved, seconded by Trustee Butler and unanimously carried, that the meeting be adjourned at 8:28 p.m.
Carol A. Booth
Village Clerk
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