Board of Trustees
Village of Tarrytown
Regular Meeting No. 26
January 5, 2008 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Butler, Hoyt, McGee, McGovern and Zollo; Village Deputy Administrator Hart; Village Attorney Shumejda; and Village Clerk Booth
ABSENT: Trustee Basher
The meeting began with the Pledge to the Flag.
REPORTS
Mayor Fixell wished everyone a very happy and healthy new year.
Administrator Blau reported on the Neperan Road Rehabilitation Project
The Village of Tarrytown is contracted with Canal Construction Corporation to replace a drainage culvert beneath Neperan Road, west of the Eastview pump station. This will necessitate reducing the length of Neperan Road to an alternating traffic one-way roadway. Canal will be installing traffic control devices along with appropriate signage on Neperan Road, west of the construction site and on Old Saw Mill River Road, near the Eastview exit of the Saw Mill River Parkway in the Town of Greenburgh. Signs will be installed January 8, 2009 with construction commencing January 12, 2009. It is anticipated that the project will be completed in 3 to 4 weeks. We have notified the Hudson Valley Traffic Management Center, so that they can put on the all flashing signs. We also notified the
local media as well as the broadcast entities. In addition, the Police, Fire and EMS agencies have all been notified.
Public Hearing to amend Chapter 52 “RESIDENCY REQUIREMENTS” Section 2; entiled “village or county residency required” of the Code of the Village of Tarrytown (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 5th day of January, 2009, 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 52 of the Tarrytown Zoning Code entitled "Residency Requirements" and specifically §52-1 and §52-2 entitled "Purpose and "Village or county residency required." The complete text of this legislation follows:
A LOCAL LAW to amend Chapter 52 of the Tarrytown Zoning Code entitled "Residency Requirements" and specifically §52-1 and §52-2 entitled "Purpose and "Village or county residency required."
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village finds that due to the relatively small population of the Village of Tarrytown and, to further comply with the regulations of the Westchester County Department of Human Resources, it is necessary to expand the residency requirements for certain appointive offices and non-judicial offices to include qualified residents of counties which directly border Westchester County. The Board further finds that it is authorized to make this change pursuant to §3-300 of the Village Law and §10 of the Municipal Home Rule Law.
B. Legislative Intent.
The intent of this amendment is to expand the residency requirements for certain appointive offices and non-judicial offices to include qualified residents of counties which directly border Westchester County.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to Chapter 52 of the Tarrytown Zoning Code entitled "Residency Requirements" and specifically §52-1 and §52-2 entitled "Purpose and "Village or county residency required."
§52-1 Purpose.
The Board of Trustees finds that, due to the relatively small population of the Village of Tarrytown, it is not always possible to fill certain appointive offices and no judicial positions in Village government requiring municipal, administrative or financial expertise with Village residents who are duly qualified to hold such positions. The Board further finds that it is authorized to appoint qualified residents of counties which directly border Westchester County to said offices pursuant to §~3-300 of the Village Law.
§52-2 Village or county residency required.
Notwithstanding any other general or special law, no person shall be eligible to be appointed to or hold the office of Village Clerk, Deputy Clerk, Village Treasurer or Deputy Treasurer in the Village of Tarrytown unless such person is a resident of the Village or a resident of Westchester County or a resident of a county which directly borders Westchester County at the time of such appointment. A person shall be eligible to be appointed to or hold the no judicial position of Village Court Clerk, Assistant Court Clerk or Court Attendant provided such person is a resident of Westchester County or a resident of a county which directly borders Westchester County at the time of such appointment.
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 Butler moved, seconded by Trustee Zollo, and unanimously carried that the public hearing be closed.
Trustee Hoyt moved, seconded by Trustee McGovern that the following be approved. The Board was polled all voting “aye” with the exception of Trustee Butler who voted “nay,” citing that he believes there is enough qualified people who live in Westchester County. Motion carried. Approved: 5-1
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends the Code of the Village of Tarrytown, Chapter 52, Residency Requirements, Section 2, of “Village or County Residency Required;” and
WHEREAS, the intent of this amendment is to expand the residency requirements for certain appointive offices and non-judicial offices to include qualified residents of counties which directly border Westchester County; and
WHEREAS, a public hearing was held for the proposed action on January 5, 2009; and
WHEREAS, a notice of public hearing was published in the Journal News on December 25, 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. 1 of 2009.
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
Beatrice Block, 69 Sheldon Avenue, stated two concerns:
- She believes that the drain in the street at 67 Sheldon Avenue was improperly planned and improperly installed. She stated that there is a gap that collects water and it is a mosquito haven. She believes that this can be repaired simply by filling the gap with cement. She wants the Village to address this dangerous situation and make the proper engineering solution.
- She stated that the Village built a mound of asphalt on her property without permission, notification and without building permits.
Administrator Blau stated that he would look into both issues and get back to her.
Lori Semeraro, 205 Martling Avenue, stated that she was concerned that the company that illegally parks on Wildey Street has a towing contract with the Village. She would like to know what the Board is planning to do about this. Mayor Fixell stated that he will discuss this issue with the Board.
Joseph Montaruli, Tarrytown taxi driver, stated that there is a problem with the lack of a taxi holding lane for the taxicabs at the train station. Taxicabs need a place to park while waiting for customers. Administrator Blau stated that the Village will be creating a holding area on Cortlandt Street, just north of Main Street that will allow taxicabs to wait there.
Felix Lantigua, 69 N. Washington Street stated the following:
- There is lack of respect among the taxicab drivers. We need to create a safe environment at the train station. He believes that proper signs would be helpful so people know where they can park.
- There is no holding area for private individual cars that pick up at the train station. This is a big problem. He suggests removing the three metered spaces next to the handicap spaces for private cars to park while waiting for the train. These spaces can be 15-minute parking spaces only.
AMENDED RESOLUTION – ROUTE 9 TRAFFIC SIGNALS
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 6-0
WHEREAS, a Project for Route 9 Traffic Signals, Village of Tarrytown, Westchester County, PIN 8759.76 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and
WHEREAS, the Village of Tarrytown desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of preliminary engineering and right-of-way incidentals; and
NOW, THEREFORE, the Board of Trustees of the Village of Tarrytown, duly convened does hereby
RESOLVE, that the Board of Trustees of the Village of Tarrytown hereby approves the above-subject project; and it is hereby further
RESOLVED, that the Board of Trustees of the Village of Tarrytown hereby authorizes the Village of Tarrytown to pay in the first instance 100% of the federal and non-federal share of the cost of preliminary engineering and right-of-way incidental work for the Project or portions thereof; and it is further
RESOLVED, that the sum of $45,000.00 is hereby appropriated from the General Fund and made available to cover the cost of participation in the above phase of the Project; and it is further
RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Board of Trustees fo the Village of Tarrytown shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Village Administrator thereof, and it is further
RESOLVED, that the Village Administrator of the Village of Tarrytown be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or applicable Marchiseli Aid on behalf of the Village of Tarrytown with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further
RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further
RESOLVED, this Resolution shall take effect immediately.
APPOINTMENT TO THE ETHICS BOARD
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 Susan Geelan to the Tarrytown Ethics Board to a term to expire April of 2011.
LICENSE AGREEMENT WITH WESTCHESTER COUNTY – TEMPORARY SHELTER IN EMERGENCIES
Trustee Zollo moved, seconded by Trustee McGovern that the following be approved. The Board was polled all voting “aye” with the exception of Trustee Hoyt who voted “nay,” citing that he is in favor of the emergency shelter, but is not comfortable with some of the language in the county’s contract. Motion carried. Approved: 5-1
BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Administrator Blau to execute a license agreement with Westchester County for Temporary Shelter in Emergencies at the Tarrytown Senior Center located at 240 West Main Street. This Agreement shall commence upon execution and continue for a term of five (5) years, unless terminated sooner as hereinafter provided.
AGREEMENT WITH WESTCHESTER COUNTY – ENHANCED 911 SERVICE
Trustee McGovern moved, seconded by Trustee Butler, and unanimously carried that the following be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Administrator to execute an agreement with Westchester County for the provision of Enhanced 911 Service for a five (5) year term; and
BE IT FURTHER RESOLVED that the term shall commence on July 11, 2008 and continuing through July 10, 2013.
APPROVAL OF A MODIFIED AGREEMENT FOR AN ESTABLISHED SHARED MUNICIPAL SERVICES INCENTIVE (SMSI) GRANT PROGRAM WITH THE STATE OF NEW YORK
Trustee Hoyt 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
authorizes the Village Administrator to execute a Modification Agreement with the New York State Department of State for an established Shared Municipal Services Incentive (SMSI) Grant Program. This is an extension of the contract until March 31, 2010.
RESOLUTION TO CHANGE THE DATE OF THE JANUARY 19, 2009 REGULAR
MEETING OF THE BOARD OF TRUSTEES
Trustee Butler 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 reschedules the Monday, January 19, 2009 Board of Trustees meeting to Tuesday, January 20, 2009.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON DECEMBER 15, 2008
Trustee McGovern moved, seconded by Trustee McGee that the following be approved. Motion carried, all voting “aye” with exception of Mayor Fixell and Trustee Butler 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 15, 2008 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON DECEMBER 22, 2008
Trustee McGovern moved, seconded by Trustee McGee that the following be approved. Motion carried, all voting “aye” with exception of Trustee Hoyt 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 December 22, 2008 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 002568 THROUGH NO. 002759
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the audited vouchers No. 002568 through No. 002859, is hereby ordered paid in the following amounts as presented:
General $ 167,880.95
Water 39,067.25
Capital 175,853.38
Library 10,838.08
Trust & Agency 194,413.69
Total $ 588,053.35
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 002667, 002683, 002748, and 002749 and Trustee Hoyt who abstained from Voucher Number 002619, 002735, and 002756. Motion carried. 6-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Zollo and unanimously carried, that the meeting be adjourned at 8:38 p.m.
Carol A. Booth
Village Clerk
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