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Village Board of Trustees Minutes 10/05/2009
Board of Trustees
Village of Tarrytown
Regular Meeting No. 14
October 5, 2009  8:00 p.m.

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

REPORTS

Mayor Fixell reported on the approval of the Affordable Housing Settlement made by the County Executive and the County Legislature with the Federal government.   Westchester County has put together a pamphlet with information on the program and the pamphlets are available at Village Hall, the Warner Library and at the Westchester County website at www.westchestergov.com.   The basic concept is that the County has agreed that they will build over the next seven years, 750 units of affordable housing within 31 communities excluding cities within the County.   The Village of Tarrytown is in the least affected tier, which means that Tarrytown is among a sub-group of communities in which up to a total of 60 units (out of the 750 units in this program) may be built.  The program has no local preferences and the selection process must be fair and open, giving all applicants an equal chance.

Trustee McGovern asked Village Administrator Blau how long the construction project would take on Tower Hill Road.  This is one of the routes the children take to go to school and wondered if they can begin the construction a little later so the children are not late for school.  Administrator Blau stated that the installation of the pipe along Tower Hill Road will take approximately one month and he will look into adjusting the start time in the morning.

Trustee Hoyt reported on the following Recreation Events:

  • This Saturday, October 10th from 10:30 a.m. – 1:00 p.m., Scarecrow making will take place at Patriot’s Park. Come out and help us create scarecrows to decorate the village. Bring old clothes, string and plenty of enthusiasm.
  • Friday, October 16th is “Third Friday” from 5pm – 9pm within the Village with Halloween as the theme.   Come and join the fun.
  • Saturday, October 17th, there will be a Rag-a-Muffin Parade.  Please meet at Patriot’s Park at 2 p.m. and the parade will proceed to the Main Street Firehouse for candy and musical entertainment.
  • Saturday, October 24th is the annual village-wide Halloween Parade.  We will assemble at Patriot’s Park at 4:30pm. The parade steps off at 5:30 p.m. and will proceed to the Y.M.C.A on Main Street.  Floats and walkers are welcome. There will be a Block Party following the parade on Main Street with musical entertainment.  Come and join the fun.
Trustee Hoyt thanked the Recreation Department for all their hard work, especially at this time of year.

Trustee Butler stated that as many people are aware, the Village has installed bike racks in the downtown area, which he is pleased about.  He asked the Administrator to look into the placement of the first bike rack located on the east side of Broadway.

Administrator Blau stated that two meetings ago, a question was posed about the development of ADA accessible playgrounds.  The Board is working with a playground developer on what is called a natural playground at Neperan Park.  A number of the playground items can be made ADA accessible as part of that program.  However, when the Board of Trustees last year applied for Community Development Block Grant monies, it authorized the Village to apply for a grant to expand upon the playground at Patriots Park.  We have received that award.  The money will be available in May of 2010 in the amount of $33,300.00, which the Village has to match.  It was the Board’s goal to direct the efforts for an ADA accessible playground at Patriot’s Park.

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 thanked Administrator Blau for the playground update and asked if the $33,000 grant money was the same as the grant that was spoken about at the February 2nd Board meeting.  Administrative Blau stated that there are actually three playground grants; two from the State for Neperan Park and one federal matching grant for Patriot’s Park.

RESOLUTION FOR AUTHORITY TO SIGN LEGAL DOCUMENTS FOR GRANT FROM NEW YORK STATE OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION REGARDING NEPERAN PARK

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

WHEREAS, the Village of Tarrytown has received a special grant in the 2009-2010 New York State Budget; and

WHEREAS, there are specific requirements and regulations governing the expenditure of these funds;

NOW THEREFORE, BE IT RESOLVED that the administration of all funds under this grant will be in accordance with all terms and conditions contained in “Guidelines to prepare Grant Agreements for non-construction projects $50,000 and under – Fiscal Year 2009-2010,” provided by the New York State Office of Parks, Recreation and Historic Preservation.

BE IT FURTHER RESOLVED that Michael Blau, as Village Administrator, is hereby authorized to sign legal documents on behalf of the Village of Tarrytown and that such signature is acknowledgement of the acceptance by the Board of Trustees of compliance with all terms and conditions of the grant agreement that is to be executed for the grant.

SECOND ADDENDUM TO FIRST AGREEMENT BETWEEN THE VILLAGES OF BRIARCLIFF MANOR AND TARRYTOWN CONCERNING WATER SUPPLY

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Mayor to enter into an agreement entitled Second Addendum to First Agreement between the Villages of Briarcliff Manor and Tarrytown concerning Water Supply, referred to as the “Water Agreement” relating to the Easement Agreement to provide land to the Village of Briarcliff Manor for construction of a water pump station subject to the final approval by the Village Administrator and the Village Attorney.

LICENSE AGREEMENT AMONG THE VILLAGES OF SLEEPY HOLLOW,
TARRYTOWN AND  BRIARCLIFF MANOR

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 does hereby authorize and direct the Mayor to enter into a license agreement among the Villages of Sleep Hollow, Tarrytown and Briarcliff Manor which relates to access to the shared Meter Building in the Town of Greenburgh which will be modified as part of the approved plans for the Briarcliff Manor full supply water project.

                AGREEMENT WITH NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION REGARDING PIERSON PARK

Trustee McGee 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 does hereby authorize and direct the Village Administrator to enter into an agreement with New York State Office of Parks, Recreation and Historic preservation to provide funds to move the basketball and tennis courts as part of the Pierson Park renovation project.

RESOLUTION AUTHORIZING SUBMISSION OF GRANT APPLICATION TO FUND CONSOLIDATED WATER SERVICES FEASIBILITY STUDY

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

WHEREAS, the Village of Tarrytown is concerned about escalating government costs and the increasing tax and expense burden to property owners and residents; and

WHEREAS, the Village has a history of cooperation and mutual support with the Villages of Sleepy Hollow and Briarcliff Manor concerning the water systems of the three Villages and it is believed that costs can be saved and service improved by consolidating water services, and the three Villages wish to study the feasibility of consolidating the water departments of the three Villages into a single water district; and

WHEREAS, a grant funding source has been identified as appropriate for a feasibility study and financial analysis of shared water services, namely the Local Government Efficiency Grant Program offered by the New York State Department of State; and

WHEREAS, the maximum grant available under the General Efficiency Planning Grant program is $26,000 and the cost of the study has been estimated at $60,000.

  NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown authorize and support the submission of an application for a General Efficiency Planning Grant from the New York State Department of State by the Village of Sleepy Hollow in accordance with the provisions of the Local Government Efficiency Grant Program, with a cash match not to exceed $11,334 per Village.

                APPROVAL TAX CERTIORARI – TARRYTOWN CENTER ASSOCIATES, L.P.

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 tax certiorari settlement with Tarrytown Center Associates, L.P., 1-13 South Broadway, Section 10, Block 37, Lot 5, as outlined in the Village Attorney’s memorandum dated September 23, 2009.

                 APPROVAL TAX CERTIORARI – BROADWAY-TARRYTOWN LLC (C-TOWN)

Trustee Butler 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 tax certiorari settlement with Broadway-Tarrytown LLC (C-Town), 104-120 North Broadway, Parcel 4-15-11, as outlined in the Village Attorney’s memorandum dated September 22, 2009

SCHEDULE A PUBLIC HEARING

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 does hereby schedule a Public Hearing for the regular meeting of October 19, 2009, to hear and consider a cable franchise agreement between the Village of Tarrytown and Cablevision of Wappingers Falls, Inc.

                SCHEDULE A PUBLIC HEARING

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby schedule a Public Hearing for the regular meeting of October 19, 2009, to hear and discuss, establishing a new Chapter 51 entitled “Parks and Recreation Advisory Council” of the Code of the Village of Tarrytown.

SCHEDULE A PUBLIC HEARING

  Trustee McGovern 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 does hereby schedule a Public Hearing for the regular meeting of October 19, 2009, to hear and discuss a proposed amendment to Chapter 76-4 D.(1) entitled “False Alarms” of the Tarrytown Village Code, by eliminating the fees for false alarms in the Chapter, since such inclusion is redundant with the Village’s Master Fee Schedule.

SCHEDULE A PUBLIC HEARING

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 does hereby schedule a Public Hearing for the regular meeting of October 19, 2009, to hear and discuss a
                                proposed amendment to Chapter 183-11 B. (3) entitled “License required for private refuse, waste and rubbish collection vehicles” of the Tarrytown Village Code by eliminating the
                                requirement to provide Social Security numbers as part of the application process.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 21, 2009

Trustee McGee moved, seconded by Trustee Zollo, that the following be approved. Motion carried, all voting “aye” with the exception of Mayor Fixell who abstained.  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 September 21, 2009 as submitted by the Village Clerk.

APPROVAL OF AUDITED VOUCHERS NO. 001501 THROUGH NO. 001638

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 approves the Audited Vouchers No. 001501 through No. 001638 and is hereby ordered paid in the following amounts as presented by the Village Treasurer:

General                      $ 424,203.99
Water                             80,741.49
Capital                     438,103.76
Library                         6,029.12
Trust & Agency                  2,606.31
Total                   $  951,684.67

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 001569, 001589, 001614, and 001615 and Trustee Hoyt who abstained from Voucher Number 001637.   Motion carried.  7-0

ADJOURNMENT

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




Carol A. Booth
Village Clerk