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Village Board of Trustees Minutes 05/04/2009
                                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Regular Meeting No. 7
                                                        May 4, 2009  8:00 p.m.

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

ABSENT:  Trustee McGovern

MOMENT OF SILENCE – RAY MCGOVERN

Mayor Fixell requested a moment of silence in memory of Ray McGovern, a former Village Trustee for 18 years, who passed away on Saturday night.  He was a long-time Village resident who was very active in our community, father-in-law to Trustee Becky McGovern and father to Village Justice Kyle McGovern.  On behalf of the entire Board, Mayor Fixell extended our deepest sympathies to the McGovern family.

Trustee Basher stated that he had known Ray McGovern since he was a child.  Ray served on the Village Board with his mother and father.  His parents always praised Ray McGovern for his knowledge of Village operations and the expertise he brought to the Board.  He also created a family legacy of community service with his son Ray Jr. (Skip) McGovern, a former Trustee who served on the Board for 10 years, his daughter-in-law, Becky McGovern who is currently a Trustee serving on the Board in her 3rd year, and his son, Kyle McGovern who is currently the Village Justice in his 5th year.  The McGovern family knows the meaning of community service and dedication and it is a devastating loss for the Village and we will miss Ray very much.

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

Susan Goodwin, Windle Park and member of the Tarrytown Environmental Advisory Council, stated that the Spring Clean-up was held on Saturday, April 18th with great
success.  They focused on the Tarrytown Lakes, the Aqueduct, the downtown area, and the grassy area by the rotary by the bridge.  We had many volunteers come out and help
and she thanked the High School Environmental Club, the Boys and Girls Club, the Friday Night Fever Teen Club from Sleepy Hollow, and Habitat for Humanity.  There
were a number of sponsors who provided refreshments for our hard working volunteers.  Among them were Isabella’s, Tony’s Pizza, Main Street Pizza, Pizza and
Pasta.  She thanked the Village for providing supplies, safety equipment and tools.  She thanked Hope Hose Fire Company for hosting pizza and refreshments for the
volunteers.  She also thanked Mayor Fixell for his presence and help with the clean-up at Neperan Park.  She stated that cigarette butts was the clean-up item with the highest
volume.    She stated that on Main Street in the Village of Irvington, they have urns with sand that say “put your butts here” and suggested that we should look into that for
the future.  She thanked everybody for a very successful clean-up.

Carter Dorzbacher, Trustee of Solomon’s Lodge, stated that the Mason’s lot is not a vacant lot nor is it part of a lot; it is two whole lots; one of which a local resident has
had a business there for 35 years.   He stated that it would be important for the Village to fully disclose the number of parking spaces that can be attained from this lot. The
Masons has given the Village a lease and has not heard anything.  He is open to discuss this with the Village and hopefully resolve this without having to go eminent domain.

Mayor Fixell stated that the number of parking spaces is 31.  This notion came about after being informed by the shop owner approximately two and half years ago, that he
was going to not continue with his business.  It was only after that conversation that the Village came back to this because that was one of the Village’s concerns.

Mark Fry, Sleepy Hollow resident, stated that he got to speak with members of the Mason’s and with Mayor Fixell and he believes that there is a willingness on both sides
to resolve this parking issue without eminent domain.  He suggests that a few Board members and a few representatives of the Masons should meet before the public
hearing is held.  

Mayor Fixell stated that there have been discussions and eminent domain is not taking property, it is forcing the sale at a fair market value.  This process will begin at the
public hearing which will be held in two weeks.   The Board has been discussing this for over two years, it has been an open process and we have been trying to make it a
fair and reasonable process.

Trustee Butler stated that the Board has been struggling with this for two years, the process has been very transparent, and the property has been appraised several times
with great cost to the Village.  We are trying to do the right thing for everybody in the most proper and correct way.

APPOINTMENT OF MEMBERS OF THE TARRYTOWN ENVIRONMENTAL ADVISORY COUNCIL (TEAC) -  KRISTIN C. GIACALONE AND NICOLE SIMMONS

Trustee Hoyt moved, seconded by Trustee Zollo, 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 Kristin C. Giacalone and Nicole Simmons as members of the Tarrytown Environmental Advisory Council (TEAC) for a term to expire in April of 2011.

APPOINTMENT TO THE FIRE SPRINKLER APPEALS BOARD

Trustee Basher moved, seconded by Trustee Zollo, that the following be approved.  Motion carried, all voting “aye” with the exception of Trustee McGee who abstained.  Approved 5-0-1

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints John McGee as member of the Fire Sprinkler Appeals Board for a one-year term.

SALE OF FORMER WASHINGTON ENGINE FIREHOUSE – KALDENBERG PLACE

Trustee Basher moved, seconded by Trustee Zollo, 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 Mayor to execute a deed for the sale of the former Washington Engine Firehouse, 26 Kaldenberg Place, Tarrytown, New York.

AGREEMENT WITH AKRF ENVIRONMENTAL AND PLANNING CONSULTANTS REGARDING SEQRA PROCESS FOR JARDIM ESTATES EAST

Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried that the following be approved:  Approved:  6-0

BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute an Agreement with AKRF Environmental and Planning Consultants regarding the SEQRA process for Jardim Estates East.

AGREEMENT TO EXTEND SNOW AND ICE AGREEMENT BETWEEN THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND THE VILLAGE

Trustee Basher moved, seconded by Trustee McGee, and unanimously carried that the following be approved:  Approved:  6-0

BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute an Agreement between the Village of Tarrytown and the New York State
Department of Transportation to extend the Snow and Ice Agreement for the 2008-2009 snow season.

AGREEMENT TO APPROVE THE SNOW AND ICE AGREEMENT PRICE ADJUSTMENT BETWEEN THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND THE
VILLAGE

Trustee Butler moved, seconded by Trustee Zollo, and unanimously carried that the following be approved:  Approved:  6-0

BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute an Agreement between the Village of Tarrytown and the New York State
Department of Transportation to approve the price adjustment for salt and equipment totaling $463.93.  This is an additional payment to be made to Tarrytown beyond the
$11,221 in the original contract.

AMENDMENT TO THE MASTER FEE SCHEDULE

Trustee Hoyt moved, seconded by Trustee Zollo, 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 amends the Master Fee Schedule for the Sidewalk Vending Permit refundable security
deposit from $500.00 to $250.00.

AGREEMENT FOR FINANCIAL SUPPORT BETWEEN THE VILLAGE OF TARRYTOWN AND THE TARRYTOWN MUSIC HALL

Trustee McGee moved, seconded by Trustee Butler, and unanimously carried that the following be approved:  Approved:  6-0

BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute an agreement between the Village of Tarrytown and the Tarrytown Music Hall to provide for funding totaling $1,000 in fiscal year 2009-2010 for operations, services and/or programs that benefit the residents of the Village of Tarrytown.

AGREEMENT FOR FINANCIAL SUPPORT BETWEEN THE VILLAGE OF TARRYTOWN AND THE TNT  BASEBALL/SOFTBALL LEAGUE

Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried that the following be approved:  Approved:  6-0

BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute an agreement between the Village of Tarrytown and the TNT Baseball/Softball
League to provide for funding not to exceed $8,000 in fiscal year 2009-2010 for operations, services and/or programs that benefit the residents of the Village of
Tarrytown.

VEHICLE PARKING REGULATION CHANGE – FRANKLIN STREET

Trustee Basher moved, seconded by Trustee Zollo, 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.

291-77 Schedule XII:  Parking Prohibited at All Times

(New material is set forth in capital letters)

In accordance with the provisions of 291-16, no person shall park a vehicle at any time upon any of the following described streets or parts of streets:

Name of Street                  Side                    Location

FRANKLIN STREET         EAST                       FROM A POINT 370 FEET
                                                           NORTH OF WHITE STREET
                                                           TO THE END OF THE STREET

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 20, 2009

Trustee Basher moved, seconded by Trustee Zollo, 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 April 20, 2009 as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 23, 2009

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 minutes of the special meeting of the Board of Trustees held on April 23, 2009 as submitted by the Village Administrator.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 29, 2009

Trustee Basher moved, seconded by Trustee Zollo, 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 special meeting of the Board of Trustees held on April 29, 2009 as submitted by the Village Administrator.

APPROVAL OF AUDITED VOUCHERS NO. 004045 THROUGH NO. 004223

Trustee Basher moved, seconded by Trustee Zollo, 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. 004045 through No. 004223 is hereby ordered paid in the following amounts as presented by the Village Treasurer:

                General                  $    110,201.24
                Water                                97,193.72
                Capital                            145,064.72
                Library                                8,826.10
                Trust & Agency                 1,805.07
           Total                                $    363,090.85

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 004181, 004140, and 004215.  Motion carried.  7-0

ADJOURNMENT

Trustee Hoyt moved, seconded by Trustee Basher and unanimously carried, that the meeting be adjourned at 8:20 p.m.



Carol A. Booth
Village Clerk