Board of Trustees
Village of Tarrytown
Regular Meeting No. 24
December 15, 2008 8:00 p.m.
PRESENT: Deputy Mayor Basher presiding; Trustees Hoyt, McGee, McGovern and Zollo; Village Deputy Administrator Hart; Village Attorney Shumejda; and Village Clerk Booth
ABSENT: Mayor Fixell and Trustee Butler
“MAYOR FOR THE DAY” - DARREN FAHY, a first grader at Transfiguration School
Deputy Mayor Basher introduced the “Mayor for the Day” – Darren Fahy, a first grader at Transfiguration School who lead the Pledge of Allegiance. Mr. Fahy stated that he would like to see playground equipment (slides and swings) at the Neperan Road Park like the ones at the Sleepy Hollow Park.
Reports
Deputy Mayor Basher wished everyone a very happy holiday season and a happy new year on behalf of the entire board. He also reported that this Saturday, December 20th from 9 a.m. to noon, there will be a “Toys for Tots” drive at the COC. Stop by and bring an unwrapped toy.
Trustee Hoyt thanked everyone for attending our Village Tree Lighting Ceremony last Saturday night. He gave special thanks to the Recreation Commission and the Recreation Department for their great effort in this successful event.
Public Hearing to amend Chapter 305-14C 2. “Special Setbacks” of the Zoning Code of the Village of Tarrytown (adopted)
Trustee Zollo moved, seconded by Trustee Hoyt 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 15th day of December 2008, at 8 PM in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591 to hear, discuss and to act upon proposed amendment to the Code of the Village of Tarrytown by amending §305-14C. (2) Special Setbacks. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:
A LOCAL LAW to amend §305-14C. (2) “Special Setbacks” as applicable to the Tarrytown Lakes
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
The watershed area surrounding the Tarrytown Lakes has been designated as a critical environmental area by multiple levels of government including the Village of Tarrytown, Westchester County and/or the State of New York. In order to maintain the water quality and natural areas of the Tarrytown Lakes, to protect the health and safety of the residents of Tarrytown and to limit the impact any potential development would have on this environmentally critical area, the Board of Trustees adopted Local Law Number 3 of 2005, which expanded the setback to 300 feet inland from the mean high water mark, or 300 feet inland from the outer edge of the wetland line along the entire circumference of the Tarrytown Lakes.
Within the watershed, the Village of Tarrytown and the Village of Sleepy Hollow each operate a pump station to provide potable water to their residents, drawing water through a 30 inch transmission main running along Neperan Road that connects to a tap to the Catskill Aqueduct located in the Town of Greenburgh. In addition, the Village of Tarrytown has entered into an agreement with the Village of Briarcliff Manor to permit the construction of a new pump station, at a site adjacent to the existing Tarrytown pump station that will utilize the same transmission main to provide potable water to Briarcliff Manor residents. In order to assure that these potable water supplies be maintained, either due to system requirements or by directive from the Westchester County Department of Health, acting as an agent
of the New York State Department of Health, improvements will need to occur at the Tarrytown, Sleepy Hollow and Briarcliff Manor pump stations along Neperan Road at the Tarrytown Lakes. Should the Villages be unable to provide for the necessary improvements at the current sites, the Villages would be required to find another location for their pump stations, which would prove extraordinarily problematic from both engineering and financial perspectives.
Furthermore, a review of topographic information performed subsequent to the passage of the 2005 “Special Setbacks” amendment indicates that the facility known as the Eastview pump station, located at the eastern end of Neperan Road, falls outside the areas draining into the Tarrytown Lakes and, therefore, does not impact on the water quality of the lakes.
After careful deliberation, the Board of Trustees of the Village of Tarrytown has determined that, while the setback of 300 feet inland from the mean high water mark, or 300 feet inland from the outer edge of the wetland line along the entire circumference of the Tarrytown Lakes is necessary in order to maintain the water quality and natural areas of the Tarrytown Lakes and protect the health and safety of the residents of Tarrytown, it is equally important that the Villages of Tarrytown, Sleepy Hollow and Briarcliff Manor can maintain their pump stations without restricting possible expansion and/or updating of the pump stations in order to assure the ongoing provision of potable water to the Villages’ water customers and to maintain compliance with possible future mandates from the Westchester County Department of
Health. In addition, the Board of Trustees recognizes that in order to maintain the water quality of the Tarrytown Lakes, it is not necessary to restrict possible future uses and improvements at the Eastview pump station.
B. Legislative Intent.
It is the intention to maintain the water quality and natural areas of the Tarrytown Lakes and protect the health and safety of the residents of Tarrytown and to sustain the ability of the Village of Tarrytown, Sleepy Hollow and Briarcliff Manor to maintain the viability of their pump stations. In order to accomplish this goal the Board intends to exempt municipal uses from the Special Setback provision of Chapter 305, Section 14C.(2).
Material to be deleted appears in (parenthesis) material to be added in bold.
SECTION 2. §305-14 C.(2) Special Setbacks
A setback of 300 feet inland from the mean high water mark along the entire circumference of the water basin generally known as the “Tarrytown Lakes” or in the case of existing wetlands adjacent to the Tarrytown Lakes, 300 feet inland from the wetland boundary; however, in no circumstance shall it extend beyond what was formerly known as the Putnam Rail Right of Way which is now owned by the Village of Tarrytown and is designated on the Village Tax Map as Section 1, Sheet 4, Block 117 and Parcel 70, nor include the site of the facility known as the Eastview pump station at the eastern end of Neperan Road, designated on the Village Tax Map as Section 1, Sheet 5, Block 2, Parcel P45, from the dam east to the Village boundary. Municipal purposes shall be exempt from this provision.
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
Deputy Mayor Basher questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee McGee moved, seconded by Trustee Zollo, and unanimously carried that the public hearing be closed.Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 5-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends Chapter 305-14C. 2. “Special Setbacks” of the Zoning Code of the Village of Tarrytown; and WHEREAS, the intent of this amendment is to exempt municipal uses from the Special Setback provision of Chapter 305, Section 14C.2.; and
WHEREAS, a public hearing was held for the proposed action on December 15, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on December 5, 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; and
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. 19 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
Felix Lantigua, 69 N. Washington Street stated that he has seen taxicabs in the Village of Tarrytown that do not comply with the Village Code with respect to signs on cars and lights on the roofs of the cabs. There are 8 taxi parking spaces at the train station and approximately 35 cabs at the station in the morning. It’s out of control and unsafe and the cabs charge different rates. He would like to see police enforcement on all these issues. He doesn’t think it’s fair that he complies and others don’t. Deputy Mayor Basher stated that he would follow up on these matters with the Chief of Police. Mr. Lantigua also stated that large trucks are illegally parked at the bottom of Wildey Street and it is difficult to make a right turn onto Cortlandt Street. He believes that
there should be no parking there at any time. He also stated that these trucks don’t seem to get tickets and when he parked there, he was ticketed.
Victor Arpi, Franklin Courts, stated that he agrees that there are too many taxicabs and there isn’t enough parking at the train station for all the cabs. He also stated that he gets tickets while other taxicabs don’t.
Towing Policy
Trustee McGovern moved, seconded by Trustee Hoyt, 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 adopts the amended towing policy. (Policy shall be affixed to the official minutes of this meeting.)
Trust and Agency Accounts
Trustee McGee moved, seconded by Trustee McGovern, and unanimously carried that the following be approved: Approved: 5-0
WHEREAS, there are a number of Trust and Agency accounts maintained by the Village of Tarrytown which have had no activity in the accounts for years; with the last activity in the accounts ranging from 1994 to 2004; and
WHEREAS, the auditors for the Village of Tarrytown have noted in the annual audit of the Village that the Village must address these Trust and Agency accounts that have no current activity; and
WHEREAS, it is the desire of the Board of Trustees to address these inactive Trust and Agency accounts, by either declaring the purpose for which the Trust and Agency account was created to no longer be a valid and/or necessary public purpose in the Village of Tarrytown in 2008 and transferring the funds or a portion thereof into a new Trust and Agency account with a new public purpose or by transferring the funds into the General Fund.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees hereby authorizes the following actions relating to the inactive Trust and Agency accounts:
T.092.00 Losee Park Trees
$20,000 to a new Trust and Agency account to be known as Trees, Plantings and Beautification
$4,675.88 to the General Fund
T.092.G Housing Fund
$11,750 to the General Fund
T.093.Y Youth Court
$16,260.62 to the General Fund
T.095.G G.U.A.R.D.
$2,705.00 to the General Fund
T.104.R Roundabend Development
$9,415.09 to the General Fund
New Sanitation Truck
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 5-0
WHEREAS, on November 25, 2008, the Village Clerk opened a sole bid from Sanitation Equipment Corporation, South 122 Route 17 North, Paramus, New Jersey 07652 for the purchase of a 32 CY HD High Compaction Rear Loading Body, in the amount of $76,990.00; and
WHEREAS, the Village Engineer has reviewed the bid and has issued a recommendation that the award go the sole bidder, in the amount of $76,990.00; and
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby awards the bid for a “32 CY HD High Compaction Rear Loading Body” to the sole bidder, Sanitation Equipment Corporation, South 122 Route 17 North, Paramus, New Jersey 07652 per their bid of $76,990.00.
BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized to execute an agreement with Sanitation Equipment Corporation.
Fire Department Membership Changes
Trustee McGovern moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown approves the following Fire Department personnel changes recommended at the November 19, 2008 Board of Fire Wardens meeting: Membership: Miguel Valle and Paul Capello were approved for active membership of Riverside Hose Co.; Michael Redmond was elected to out-of-town active membership of Hope Hose; Joe Daley was removed from out-of-town status from Hope Hose Co.; Kevin Kenyon was dropped from active membership from Conqueror Hook and Ladder Co. Drivers: Bill Logan Jr. was approved as driver of Tower Ladder 78 Washington Engine; and Vincent Felicino Jr. was approved as a driver of Engine 80 Riverside Hose Co.
Local Government Efficiency Grant – Water Consolidation and Sharing of Water Systems among Tarrytown, Sleepy Hollow and Briarcliff Manor
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 hereby authorizes the Village Administrator, Michael Blau to file an application, as a co-applicant with the Villages of Sleepy Hollow and Briarcliff Manor for the local government efficiency grant program for the 2008-2009 program year to study the concept of consolidation of the three water departments into one water district.
BE IT FURTHER RESOLVED that the Village of Tarrytown does hereby commits $10,000 toward the grant provided the Villages of Sleepy Hollow and Briarcliff Manor give equal financial commitments.
Local Efficiency Grant – Westchester County – Greenhouse Gas Emissions and Energy Consumption
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Administrator, Michael Blau to file an application, as a co-applicant with the County of Westchester for the local government efficiency grant program for the 2008-2009 program year for an energy audit and the creation of a GHG emissions inventory for an energy audit.
BE IT FURTHER RESOLVED this grant may fund up to $400,000 per municipality, with a 10% local match required by the application and the Village of Tarrytown hereby reserves the right to opt out of the grant should the cost be prohibitive.
Appointment of Intermediate Clerk
Trustee McGee 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 appoints Joan Malone to the position of Intermediate Clerk, Step 6, effective December 16, 2008, at an annual salary of $44,054, subject to all civil service rules and regulations.
Tax Certiorari –Vacant Commercial Land on Meadow Street
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 tax certiorari settlement with vacant Commercial Land on Meadow Street as outlined in the Village Attorney’s memorandum dated December 1, 2008.
Rescind Tax Certiorari Resolution – 120 White Plains Road
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 rescinds the August 18, 2008 resolution with respect to a tax certiorari for 120 White Plains Road as outlined in the Village Attorney memorandum dated December 9, 2008.
Schedule a Public Hearing
Trustee Hoyt moved, seconded by Trustee McGee, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees does hereby schedule a Public Hearing for the meeting of January 6, 2009, to hear and consider amendments to the Code of the Village of Tarrytown, Chapter 52-2, Residency Requirements.
Approval of the Minutes of the Regular Meeting of the Board of Trustees held on December 1, 2008
Trustee McGee moved, seconded by Trustee McGovern that the following be approved. Motion carried, all voting “aye” with exception of Deputy Mayor Basher who abstained. Approved: 4-0
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 December 1, 2008 as submitted by the Village Clerk.
Approval of Audited Vouchers No. 002297 through No. 002567
Trustee McGee moved, seconded by Trustee Hoyt, 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. 002297 through No. 002567, is hereby ordered paid in the following amounts as presented:
General $ 168,524.58
Water 60,006.92
Capital 1,268,469.46
Library 7,362.66
Trust & Agency 58,820.22
Total $ 1,563,183.84
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 002382, 002493, 002542, and 002543. Motion carried. 5-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Zollo and unanimously carried, that the meeting be adjourned at 8:31 p.m.
Carol A. Booth
Village Clerk
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