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Village Board of Trustees Minutes 09/08/2009
Board of Trustees
Village of Tarrytown
Regular Meeting No. 12
September 8, 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:  Trustees McGovern

REPORTS

Mayor Fixell reported on the following events and programs:

- On Saturday, September 12th, the following will take place at Patriot’s Park:
        - Eco Fair 2009 – from 10 a.m. – 2 p.m. – TEAC is sponsoring this event.        Spend a great, green day in Patriot’s Park, making your life and home more environmentally safe         and sound with info about:  Non-Toxic Cleaning, Solar Heating, Home Energy Audits, Organic Clothing….and more!   Plus food,     music, fun, and entertainment for the entire    family!  Live Performances By:  The Other Guys 10-11:30 a.m., Jay Mankita 12-12:45 p.m. and Dan Einbender 1-1:45 p.m. - Farmer’s Market – from 8 a.m. – 2 p.m. at
        Patriot’s Park
        - On Friday, September 18th, the Third Friday, “Fall” into Tarrytown theme on Main Street & Broadway 5 p.m. – 9 p.m.
        - On Saturday, September 26th, the Village Wide Tag Sale from 10 a.m. to 5 p.m. (Register by Friday September 18th with the Recreation Department at 631-8347 and you will placed               on the Village Tag Sale Map)

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

Lori Semeraro, 205 Martling Avenue, asked the Board if the new playground equipment for the Neperan Road Park would accommodate children with disabilities.
Administrator Blau stated that a decision has not been made, but the Board has been looking into a natural playground which is built into the landscape and allows for different types of play areas.  Mayor Fixell stated that he believes the company that they are looking at for a natural playground is a progressive company and that they conform to the Americans with Disability Act.  He is confident that some of the equipment will be able to be used by disabled children.  When the Board looks at the play equipment design in more detail, he will address the accommodation of children with disabilities.

STOP SIGNS – BROWNING LANE AT WALNUT STREET AND WALNUT STREET AT BROWNING  LANE

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 following amendment to the Village Vehicle and Traffic Code.

291-73 Schedule VIII:  Stop Intersections

(New material is set forth in capital letters)

In accordance with the provisions of 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

BROWNING LANE           NORTH           WALNUT STREET

WALNUT STREET           WEST                    BROWNING LANE
                                                        
WORKPLACE VIOLENCE PREVENTION PROGRAM – AGREEMENT

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 and directs the Village Administrator to execute an agreement with Public Sector HR Consultants LLC to provide a Workplace Violence Prevention Program for the Village of Tarrytown.

ASSUMPTION OF EASEMENT AGREEMENT – TARRYTOWN, SLEEPY HOLLOW AND BRIARCLIFF MANOR

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 authorizes and directs the Mayor to execute an Assumption of Easement Agreement among the Villages of Tarrytown, Sleepy Hollow and Briarcliff Manor for the purpose of assigning to Briarcliff Manor a non-exclusive interest in an easement relating to a shared municipal water supply.

DECLARATION AGREEMENT – TARRYTOWN AND BRIARCLIFF MANOR

Trustee Basher 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 and directs the Mayor to enter into an agreement entitled a Declaration Agreement between the Villages of Tarrytown and Briarcliff Manor for the purpose of shared use of a sewage holding tank relating to a shared municipal water supply.

INDEMNITY AGREEMENT – TARRYTOWN AND BRIARCLIFF MANOR

Trustee Zollo 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 and directs the Mayor to enter into an Indemnity Agreement between the Villages of Tarrytown and Briarcliff Manor for the purpose of Briarcliff Manor indemnifying Tarrytown in the shared use of a sewage holding tank relating to a shared municipal water supply.
EASEMENT AGREEMENT – TARRYTOWN AND BRIARCLIFF MANOR

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 authorizes and directs the Mayor to execute an easement agreement between the Villages of Tarrytown and Briarcliff Manor for the purpose of providing land owned by Tarrytown to Briarcliff Manor for the development of a water pump station relating to a shared municipal water supply project and subject to review and approval by the Village Attorney and Village Administrator of the easement agreement as to form and substance.

SURPLUS VEHICLES

Trustee Hoyt 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 declare the following vehicles as surplus.  Upon approval, the vehicles will be set up for auction:  

        1982 GMC Dump Truck
        1983 Walters Utility Truck
        1985 Walters Dump Truck
        1991 Chevrolet Pick Up Truck
        1994 Chevrolet Dump Truck
        1995 Chevrolet Lumina
        1996 Ford Explorer
     2000 Ford Crown Victoria
        1994 Giant T-VAC Leaf Machine
        Mule Utility Cart
      1994 Chevrolet Pick Up Truck
     1994 Chevrolet Pick Up Truck

RESOLUTION AUTHORIZING AN APPLICATION FOR FUNDING FROM THE NEW YORK STATE DEPARTMENT OF STATE FOR THE OPENING OF THE PEDESTRIAN TUNNEL AT THE TARRYTOWN TRAIN STATION

Trustee Basher 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 Michael S. Blau, Village Administrator, to submit an application to the New York State Department of State Division of Coastal Resources/ Environmental Protection Fund under the 2009-2010 Local Waterfront Revitalization Program for funding up to $750,000, with a local match of 50% for Tarrytown’s Pedestrian Tunnel Project.  The objective of the project is to open and secure the currently closed pedestrian tunnel that crosses the Metro North train tracks north of the Tarrytown Train Station in order to increase public access to the Hudson River waterfront and RiverWalk Park.

RESOLUTION AUTHORIZING AN APPLICATION FOR FUNDING FROM THE NEW YORK STATE DEPARTMENT OF STATE FOR THE DEVELOPMENT OF THE RIVERWALK PARK PARKING LOT

Trustee Butler 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 Michael S. Blau, Village Administrator, to submit an application to the New York State Department of State Division of Coastal Resources/ Environmental Protection Fund under the 2009-2010 Local Waterfront Revitalization Program for funding up to $560,000, with a local match of 50% for Tarrytown’s RiverWalk Park Parking Project.  The objective of the project is to develop a parking lot for visitors adjacent to the new RiverWalk Park in order to increase public access to the Hudson River waterfront and RiverWalk Park.  

RESOLUTION AUTHORIZING AN APPLICATION FOR FUNDING FROM THE NEW YORK STATE DEPARTMENT OF STATE FOR THE UPDATE AND COMPLETION OF THE VILLAGE’S LOCAL WATERFRONT REVITALIZATION PROGRAM PLAN

Trustee Zollo 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 Michael S. Blau, Village Administrator, to submit an application to the New York State Department of State Division of Coastal Resources/ Environmental Protection Fund under the 2009-2010 Local Waterfront Revitalization Program for funding up to $6,000, with a local match of 50%, to update and complete the Village of Tarrytown’s Local Waterfront Revitalization Program Plan.  The objective of the project is to update the Village’s 2001 LWRP draft in order to obtain final approval of the Plan from New York State.

RESOLUTION AUTHORIZING AN APPLICATION FOR FUNDING FROM THE NEW YORK STATE  DEPARTMENT OF STATE FOR THE DEVELOPMENT OF THE TARRYTOWN LAKES/ANDRE BROOK TRAIL EXTENSION

Trustee McGee 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 Michael S. Blau, Village Administrator, to submit an application to the New York State Department of State Division of Coastal Resources/ Environmental Protection Fund under the 2009-2010 Local Waterfront Revitalization Program for funding up to $200,000, with a local match of 50% for the Tarrytown Lakes/ Andre Brook Trail Project.  The objective of the project is to (1) improve the existing Tarrytown Lakes Trail and (2) develop the new Andre Brook Trail to the Old Croton Aqueduct Trail and downtown Tarrytown in order to increase and integrate public access to the Hudson River waterfront, RiverWalk Park, Tarrytown Lakes and downtown business district.

RESOLUTION AUTHORIZING AN APPLICATION FOR FUNDING FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR BALLPARK LIGHTING IMPROVEMENTS AT LOSEE PARK

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

BE IT RESOLVED that Michael S. Blau, as Village Administrator of the Village of Tarrytown is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $300,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Tarrytown for ballpark lighting improvements at Losee Park and, if appropriate, a conservation easement/ preservation covenant to the deed of the assisted property.  The objective of the project is to upgrade the thirty-three year old lighting at Losee Park with new energy efficient lighting.

APPOINTMENT TO THE PLANNING BOARD – PAUL BIRGY

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

BE IT RESOLVED that the Mayor of the Village of Tarrytown hereby appoints Paul Birgy to the Planning Board of the Village of Tarrytown to a term to expire in April of 2014; and

BE IT FURTHER RESOLVED that the Board of Trustees hereby confirms the Mayor’s appointment of Paul Birgy as member of the Planning Board; and

BE IT FURTHER RESOLVED that the appointment of Paul Birgy is subject to the terms and conditions of the Advisory Opinion No. 09-03 by the Board of Ethics of the Village of Tarrytown.

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

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

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 August 17, 2009 as submitted by the Village Clerk.

APPROVAL OF AUDITED VOUCHERS NO. 000984 THROUGH NO. 001212

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 Voucher Numbers 000984 through Numbers 001212 and is hereby ordered paid in the following amounts as presented by the Village Treasurer:

General                      $ 548,169.95
Water                             34,272.28
Capital                       21,259.09
Library                       11,072.72
Trust & Agency                  2,290.46
Total                   $   617,064.50

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 001037, 001162, 001205 and Trustee Hoyt who abstained from Voucher Number 001101, 001204, 001209, and 001056.   Motion carried.  6-0

ADJOURNMENT

Trustee Hoyt moved, seconded by Trustee Zollo and unanimously carried, that the meeting be adjourned at 8:21 p.m.



Carol A. Booth
Village Clerk