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Village Board of Trustees Minutes 03/16/2009
Board of Trustees
Village of Tarrytown
Regular Meeting No. 31
March 16, 2009 8:00 p.m.

PRESENT:  Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern and Zollo; Village Administrator Blau; Village Treasurer Hart; Village Attorney Shumejda; and Village Clerk Booth

The meeting began with the Pledge to the Flag.

REPORTS

Mayor Fixell stated that this Wednesday is Election Day in the Village.  Polls will be open from 7 a.m. to 9 p.m.  Election Day is usually held on a Tuesday, but because tomorrow is St. Patrick’s Day, under state law, it has been changed to Wednesday.   He wished everyone a Happy St. Patrick’s Day and urged everyone to go out and vote.  He stated the following election polling place changes and to contact the Village Clerk at 631-1652 with any election questions.

Old Polling Place                               New Polling Place                                       
ELECTION DISTRICT 7 AND 76     
Tarry Hill Club House                   Consolidated Engine Fire House,
177 Sheldon Avenue

ELECTION DISTRICT 55
Temple Beth Abraham                     Washington Engine Fire House,
157 White Plains Road

ELECTION DISTRICT 82
Tarry Hill Club House                   Washington Engine Fire House,
157 White Plains Road

Trustee Hoyt reported on the following Recreation events:
  • Our Easter Egg Hunt will be held on Saturday, April 4th at 11:00 a.m. at Patriot’s Park.  There will be a visit from the Easter Bunny.  (Rain date - Saturday April 11th)
  • Summer Camp registration begins Monday, April 6th at the Recreation Office.
For additional information, please contact the Recreation Office at 631-8347.

CLEAN AND GREEN CERTIFICATE PRESENTATION

Mayor Fixell introduced Gregg Galloway, a member of the Tarrytown Environmental Advisory Council to present awards to local merchants as part of their Clean & Green Program who have shown exemplary environmental efforts.

Gregg Galloway presented Clean & Green Certificates on behalf of the Sleepy Hollow Chamber of Commerce and the Tarrytown Environmental Advisory Council as part of their Clean & Green Program for their commendable environmental efforts.  The honorees both pledged multiple efforts to decrease their impact on the environment including using alternative energy, sourcing sustainable products and promoting local goods and services.  He presented the honors to Laura Haupt of Bark & Meow and Anupa Mueller of Silver Tips Tea Room and thanked them for their efforts and good work.

PUBLIC HEARING TO AMEND THE CODE OF THE VILLAGE OF
TARRYTOWN, CHAPTER 305, ZONING, SECTION 28, “ADDITIONAL
REQUIREMENTS FOR LB, NS, RR AND GB DISTRICTS PRINCIPAL USES”

Trustee Zollo moved, seconded by Trustee Basher 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 2nd and 16th day of March, 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 §305-28 entitled "Additional Requirements for LB, NS, RR and GB Districts Principal uses" of the Tarrytown Zoning Code. The complete text of this legislation follows:

A LOCAL LAW to amend §305-28 entitled "Additional Requirements for LB, NS, RR and GB Districts Principal uses" of the Tarrytown Zoning Code.

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.

The Board of Trustees of the Village finds that while the current zoning code clearly does not permit the sale of used cars in the Neighborhood Shopping District (NS), it may be broadly interpreted to prevent established car dealerships from selling used vehicles in conjunction with their sale of new vehicles – an activity which was not intended to be circumscribed by the adoption of the permitted uses within this zoning district.

B.      Legislative Intent.

The intent of this amendment is to clarify§305-28 entitled "Additional Requirements for LB, NS, RR and GB Districts Principal uses" of the Tarrytown Zoning Code in order to insure that while the sale of used cars is not permitted in the Neighborhood Shopping District (NS), any established car dealership which is actively engaged in selling new cars is permitted to engage in the sale of used cars when said sales are on the same premises as the new car sales.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.

SECTION 2. Amendment to §305-28 Additional Requirements for LB, NS, RR and GB Districts Principal uses.

(1) In NS Neighborhood Shopping Districts, one-family dwellings may be constructed as permitted and regulated in the R-20 District, further subject to the approval of a site plan by the Planning Board and the concurrence of the Board of Trustees as set forth in §305-41, Mixed use development, permitting and regulating also the following:

(a) All of the permitted uses in any RR District, including business, professional and banking offices, shall be permitted, except that such uses shall be primarily for the convenience and necessity of the residents within one mile of their location and except that no display of goods or devices shall be permitted outdoors and no operations shall be permitted which may be offensive, obnoxious or detrimental by reason of vibration, dust, fumes, odor or noise and as further regulated in Subsection A(2).

(b) The retail sale and display of used motor vehicles shall be prohibited; however, the sale and display of used cars is permitted when said sales are by established automobile dealerships which are also selling new cars received directly from the manufacturer and said sale of used vehicles is from the same premises as the sale of the new vehicles.  The sale and display of used cars shall not exceed forty percent (40%) of the area available for the sale and display of cars on the site.
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 McGovern, and unanimously carried that the public hearing be closed.

Trustee Hoyt moved, seconded by Trustee McGee, and unanimously carried that the following be approved:  Approved:  7-0
                                                          
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends Chapter 305-28 entitled “Additional Requirements for LB, NS, RR and GB Districts Principal uses” of the Code of the Village of Tarrytown; and

WHEREAS, the intent of this amendment is to clarify Chapter 305-28 in order to insure that while the sale of used cars is not permitted in the Neighborhood Shopping District (NS), any established car dealership which is actively engaged in selling new cars is permitted to engage in the sale of used cars when said sales are on the same premises as the new car sale and the sale and display of used cars does not exceed forty percent of the area available for the sale and display of cars on site; and

WHEREAS, a public hearing was held for the proposed action on March 16, 2009; and

WHEREAS, a notice of public hearing was published in the Journal News on February 21, 2009 and March 5, 2009; 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. 3 of 2009.

PUBLIC HEARING TO AMEND THE CODE OF THE VILLAGE OF
TARRYTOWN, CHAPTER 169, “FLOOD DAMAGE PREVENTION,” SECTION
3.1 BASIS FOR ESTABLISHING THE AREAS OF   SPECIAL FLOOD HAZARD

Trustee McGovern moved, seconded by Trustee McGee 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 2nd and 16th day of March, 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 169 entitled "Flood Damage Prevention" of the Tarrytown Code. The complete text of this legislation follows:

A LOCAL LAW to amend Chapter 169 entitled "Flood Damage Prevention" of the Tarrytown Code.

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 correct the Flood Insurance Rate Map Panel Numbers and to reference FEMA case # 08-02-1382P which revised FIRM Panel 36119C0253 in order to update the basis noted in the Village Code which establishes areas of special flood hazard.

B.      Legislative Intent.
The intent of this amendment is to correct the Flood Insurance Rate Map Panel Numbers and to reference FEMA case # 08-02-1382P which revised FIRM Panel 36119C0253 in order to update the basis noted in the Village Code which establishes areas of special flood hazard.

Material to be deleted appears in (parenthesis), material to be added is in bold typeface.

SECTION 2. Amendment to Chapter 169. Flood Damage Prevention.

A.      The areas of special flood hazard for the Village of Tarrytown, Community Number 360933, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1)     Flood Insurance Rate Map Panel Numbers 36119C0253(F), 36119C0254(F) and 36119C0261(F), the effective date of which is September 28, 2007, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.

(2)     A scientific and engineering report entitled "Flood Insurance Study, Westchester County, New York, All Jurisdictions," dated September 28, 2007.

(3)     LOMR effective May 19, 2009, FEMA case # 08-02-1382P. revising FIRM Panel 36119C0253.

B.      The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file (in the Village offices) at the offices of the Village Engineer, One Depot Plaza, Tarrytown, New York.

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 Basher moved, seconded by Trustee McGovern, and unanimously carried that the following be approved:  Approved:  7-0

WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends Chapter 169 entitled “Flood Damage Prevention” of the Code of the Village of Tarrytown; and

WHEREAS, the intent of this amendment  is to correct the Flood Insurance Rate Map Panel Numbers and to reference FEMA case #08-02-1382P which revised Flood Insurance Rate Map, Panel 36119C0253 in order to update the areas of special flood hazard; and

WHEREAS, a public hearing was held for the proposed action on March 16, 2009; and

WHEREAS, a notice of public hearing was published in the Journal News on February 21, 2009 and March 5, 2009; 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. 4 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

Mayor Fixell questioned whether anyone wished to address the Board on any matter.  No one appeared.  

RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES

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 approves the following Fire Department personnel changes recommended at the January 27, 3009 and February 17, 2009 Board of Fire Wardens meetings:  Membership:  Ellen Connelly was approved for active membership of Washington Engine Company; Liza Penzel’s transfer was approved from Washington Engine to Consolidated Engine and Adam Kearns was approved to active membership of Riverside Hose Company.

REVIEW OF THE FINNERAN LAW

Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried that the following be approved:  Approved:  7-0

WHEREAS, Chapter 891, Laws of 1982, commonly known as the Finneran Law, was enacted to provide for harmonious relationships between the unincorporated area of Greenburgh and the six Village’s in the Town of Greenburgh, by providing that the costs associated with the operation and maintenance of the  Greenburgh Town parks,
playgrounds and recreational facilities are to be taxed to the properties in the unincorporated portion of Greenburgh and the residents of the six Villages have no statutory right to use these parks, playgrounds and recreational facilities; and

WHEREAS, over the years the Town Council of the Town of Greenburgh has made the decision to open up many of the Town’s parks, playgrounds and recreational facilities to persons considered non-residents of the unincorporated area of the Town, which are those residents in the six Villages and others not living in the unincorporated area or the six Villages; and

WHEREAS, the Appellate Division of the Supreme Court, in the case entitled Bernstein v. Feiner, et al, has made a ruling with respect to the issue of taxation for parkland know as Taxter Ridge that may require the Town of Greenburgh to restrict the use of its parks, playgrounds and recreational facilities to residents of the unincorporated areas of Greenburgh, thereby precluding the use of the parks, playgrounds and recreational facilities by residents of the six Villages; and

WHEREAS, the Town Council has appointed a committee know as the “Committee to Review the Finneran Law” to draft a proposed amendment to the Finneran Law to address various issues relating to the law and the decision of the court in Bernstein v. Feiner; and

WHEREAS, the committee issued a letter and proposed amendment language on February 27, 2009, which letter and proposed amendment was sent to the Board of Trustees of the Village of Tarrytown requesting comments regarding the proposed amendment; and

WHEREAS, the Board of Trustees has reviewed the proposed amendment language and has difficulties with the specific language and the concepts included in the proposed amendment.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby oppose the proposed amendment language as submitted by the Committee to Review the Finneran Law; and

BE IT FURTHER RESOLVED that this resolution be submitted to the Town Council of the Town of Greenburgh, as well as the New York State delegation representing the Town of Greenburgh and its six Villages.  

POLICY STATEMENT -  EMPLOYEE AND ELECTED OFFICIAL BENEFITS

Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved:  Approved:  7-0

WHEREAS, the Board of Trustees of the Village of Tarrytown has reviewed various benefits that are provided to full time employees of the Village and what benefits have been provided to part time employees and elected officials and what mechanisms have been utilized to grant such benefits; and

WHEREAS, the Board of Trustees believes that it is necessary to establish a policy in regards to the provision of benefits so that it is clear to all employees and elected officials what benefits may or may not be provided and how such benefits and the level of such are determined; and

WHEREAS, establishing a policy of the Board of Trustees clearly establishes for all future employees the position of the Village in regards to the provision of benefits.

WHEREAS, based upon a review of Village records, the Village recognized theCSEA in 1970 as the sole and exclusive bargaining agent for all full-time employees, except for those full-time employees who were categorized as police or management and a
collective bargaining agreement was subsequently negotiated and executed for the period from June 1, 1971 through May 31, 1973, which agreement provided for health insurance benefits to be paid one-hundred percent (100%) by the Village; and

WHEREAS, in conjunction with the provision of health insurance benefits toCSEA employees in 1971, health insurance benefits, as well as other benefits, were extended to the Board of Trustees and those benefits remain in existence today as initially established in 1971; and  

WHEREAS, the provision of health insurance benefits to part-time employees is determined on a case by case basis and there is no consistency over the years in the provision of such benefits.

NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby establish the following policy in regards to benefits for all employees and elected officials.

POLICY

Full time employees shall be provided benefits pursuant to either Collective Bargaining Agreements negotiated between the Village and the respective unions and approved by resolution by the Board of Trustees or by a Policy Statement for Management Staff that is approved by resolution by the Board of Trustees and amended from time to time or as established in this policy statement for non-union employees.

The Collective Bargaining Agreements and the Policy Statement for
Management Staff shall serve as the basis for determining whether benefits shall be provided to an employee upon their retirement from employment with the Village of Tarrytown.

Elected officials shall be offered the same health insurance, dental insurance, optical insurance and life insurance benefits provided to the unions and the management staff and the elected officials shall contribute 10% of the cost of the health insurance premium or the maximum contribution provided for in the CSEA contract, whichever is a higher percentage.    The benefits shall only be provided for the time during which that elected official serves in their official elective capacity for the Village.  Upon leaving their elective post, benefits may be obtained pursuant to the requirements of COBRA and the cost thereof shall be paid by the ex-elected official directly to the appropriate billing party for COBRA.

Full-time management staff, hired after June 1, 2008, shall be required to contribute 10% of the cost of health insurance or the maximum contribution provided for in the CSEA contract, whichever is a higher percentage.  

Part time employees shall not be provided any benefits by the Village of
Tarrytown.  Should the Village decide that a part time employee shall receive a benefit(s), the granting of the benefit(s) shall occur by resolution at a public Board of Trustees meeting and the granting thereof shall be included in the minutes of the meeting.  

TRANSFER OF OWNERSHIP – COUNTY VAN

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 the Village Administrator to enter into an agreement with the County of Westchester to transfer ownership of a County Van, a 2002 Ford to the Village of
Tarrytown to be used by the Tarrytown Police Department.

AGREEMENT BETWEEN THE TARRYTOWN POLICE BENEVOLENT
ASSOCIATION, INC. AND THE VILLAGE OF TARRYTOWN

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 approves a four-year memorandum of agreement between the Village of Tarrytown and the Police Benevolent Association, Inc. (PBA) effective from June 1, 2008 through May 31, 2012.  The authorized salary increases associated with the four-year agreement are as follows:  Fiscal Year 2008-2009, 3.5%; Fiscal Year 2009- 2010, 3.5%; Fiscal Year 2010 – 2011, 3.85%; and Fiscal Year 2011 – 2012, 4.0%

APPROVAL OF A LICENSE AGREEMENT BETWEEN THE VILLAGE OF
TARRYTOWN AND  KAYAK HUDSON, LLC D/B/A HUDSON RIVER
RECREATION

Trustee Zollo moved, seconded by Trustee Hoyt, 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 execute a license agreement between the Village of Tarrytown and Kayak Hudson, LLC, d/b/a Hudson River Recreation of White Plains, New York.  The contractor will provide kayak instruction, rentals and guide services from a designated Tarrytown Lakes location.  The term of this agreement shall begin on June 1, 2009 and end on September 30, 2009.  

2009 SUMMER DAY CAMP FEE SCHEDULE

Trustee Hoyt 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 amends the Master Fee Schedule of the Village of Tarrytown as follows:

Day Camp and Sports Clinic

Resident                From     $100/week     To    $125/week
Each add’l child                    $ 90/week              $115/week
Non-Resident                            $125/week              $150/week

Each add’l child                    $115/week             $140/week
Extended Day                       $25/week               $35/week
Early arrival                              $15/week               $25/week

WATER ARREARS

Trustee Basher 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 authorizes the Village Treasurer to include all water arrears for the 2008 calendar year
o the June 1, 2009 General Village Tax levy.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD
OF TRUSTEES HELD ON FEBRUARY 17, 2009

Trustee McGovern 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 approves the minutes of the regular meeting of the Board of Trustees held on February 17, 2009 as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD
OF TRUSTEES HELD ON MARCH 11, 2009

Trustee McGovern 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 approves the minutes of the special meeting of the Board of Trustees held on March 11, 2009 as submitted by the Village Administrator.

APPROVAL OF AUDITED VOUCHERS NO.003452 THROUGH NO. 003647

Trustee Basher 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 approves the audited vouchers No. 003452 through No. 003647 is hereby ordered paid in the following amounts as presented by the Village Treasurer:

                General                  $    751,930.34
                Water                                24,414.75
                Capital                                284,453.63
                Library                                2,588.97
                Trust & Agency                 4,357.48
Total                                                    $ 1,067,745.23
Removal of Voucher No. 003460                   -     289.20
Amended Total:                                   $ 1,067,456.03

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 003555, 003556, and 003623.  Motion carried.  7-0

ADJOURNMENT

Trustee Hoyt moved, seconded by Trustee Basher and unanimously carried, that the meeting be adjourned at 8:30 p.m.




Carol A. Booth
Village Clerk