Board of Trustees
Village of Tarrytown
Regular Meeting No. 26
February 1, 2010 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern, and Zollo; Administrator Blau; Counsel Shumejda; Treasurer Hart; Village Clerk Booth
REPORTS
Mayor Fixell reported on the following:
- Tomorrow at Village Hall at 7:00 p.m., there will be a continuation of a public hearing regarding Hudson Harbor’s amendment to their plans. This is an open public hearing with both the Board of Trustees and the Planning Board.
- The Duracell Site pollution in the Village of Sleepy Hollow has come back in the public eye. The State did additional testing of a variety of sites, including in Tarrytown, the Patriot’s Park. We just received the report which is reassuring, where Patriot’s Park is concerned that the test results for mercury and lead were significantly below the DEC’s residential clean-up objective. We will post this report on our web site.
Trustee Hoyt stated that the Recreation Department is currently accepting applications for TNT Baseball. For information, please contact the Recreation Department at 631-8347.
PRESENTATION REGARDING OUR FINANCIAL STATEMENT FOR FISCAL YEAR ENDING MAY 31, 2009
Alan Kassay of Bennett Kielson, Storch & DeSantis, reported on the following:
- “In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund and the aggregate remaining fund information of the Village as of May 31, 2009 and the respective changes in financial position and the respective budgetary comparison for the General and Water funds for the year then ended in conformity with accounting principles generally accepted in the United States of America.”
- In summary, he stated that the Village did an excellent job on budgeting, especially on the revenue side. All the shortfalls that did occur during the year were budgeted appropriately, such as the sales tax, the interest, and the mortgage tax; all three categories decreased substantially. When you did adopt your budget, you were well aware of the situation and did an excellent job. Same with the expenditures, your final budget was $19 million, it increased from the original because of certain tax certioraris that came along during the year, so you did utilize some of the reserve and the actual results came in at $18.7 million, which was a decrease of $3.7 million from the prior year. The areas that you could control, you did control and the areas that you couldn’t control, you budgeted
appropriately for it. Overall, you did an excellent job.
PUBLIC HEARING – PROPERTIES DEDICATED AND DESIGNATED AS PUBLIC PARKS, PLAYGROUNDS AND RECREATIONAL AREAS (adopted)
Administrator Blau stated that the proposed amendment is to clarify the names of some of the parks in the Village and adding Gracemere Park to the list of parks that are protected.
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 1st day of February, 2010, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to§221-10 of Article II entitled "Properties dedicated and designated as public parks, playgrounds and recreational areas" of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:
A LOCAL LAW to amend §221-10 of Article II entitled "Properties dedicated and designated as public parks, playgrounds and recreational areas" of the Code of the Village of Tarrytown.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village of Tarrytown has determined that the current list of properties noted in §221-10 of Article II entitled "Properties dedicated and designated as public parks, playgrounds and recreational areas" needs to be updated to include Gracemere Park and to correct the naming of the previously designated "Urban Renewal Park area" and "Neperan Road Park."
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown is to update the list of properties noted in §221-10 of Article II entitled "Properties dedicated and designated as public parks, playgrounds and recreational areas" in order to include Gracemere Park and correct the naming of the previously designated "Urban Renewal Park area" and "Neperan Road Park."
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to §221-10 of Article II entitled "Properties dedicated and designated as public parks, playgrounds and recreational areas" of the Code of the Village of Tarrytown.
§221-10 Properties dedicated and designated as public parks, playgrounds and recreational areas.
The following properties are hereby dedicated as public parks, playgrounds and recreational areas entitled to all the benefits of law accorded thereto, which properties are known as:
A. Patriots Park.
B. (The designated Urban Renewal Park area.) Sara Michaels Park and that potion of Reverend John H. Sykes Park located in the Village of Tarrytown.
C. Losee Park, including land leased to boat clubs but excluding the area reserved for the proposed Fire Department Training Center.
D. The village-owned land in Loh Park.
E. The village watershed properties.
F. Lagana Field area.
G. Village-owned areas in the Tarry Crest section.
H. Neperan (Road) Park.
I. Gracemere Park (Section 3, Sheet 29, Parcels P77, P78, P79 and P80).
SECTION 3. 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
Trustee McGovern moved, seconded by Trustee Butler, and unanimously carried, that the hearing be opened.
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee McGee moved, seconded by Trustee Zollo, and unanimously carried, that the hearing be closed.
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be adopted: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 221, Parks and Recreation Areas, Article II, Dedication of Property, Section – 10, entitled “Properties dedicated and designated as public parks, playgrounds and recreational areas;” and
WHEREAS, a public hearing was held for the proposed action on February 1, 2010; and
WHEREAS, a notice of public hearing was published in the Journal News on January 23, 2010; 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 2010.
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
Tori Weisel, 8 Washington Place, stated that she would like to share her concerns about what her neighborhood is facing with now even more drastic NYSDOT, Tappan Zee Bridge design options – not for bus ramps – but for train trestle and tunnel options. Her letter is attached to the official minutes of this meeting. She appreciates all the behind-the-scenes advocacy the Board does on their behalf and hopes the Village support will continue on this issue as well. Ms. Weisel also stated that the children in the neighborhood wanted to show the Board how they feel about their special neighborhood and their desire to protect and preserve it. They presented each Board member with their booklets.
Mayor Fixell stated that the Board has been very involved and has attended many Tappan Zee Bridge meetings and was shocked at this past December’s meeting, that the State proposed an option that would tear right through Van Wart, Paulding and Washington Place neighborhood. We have been expressing our displeasure and the Board has put together a letter which addresses your concern. Mayor Fixell read the letter, which is attached to the official minutes of this meeting. There is also a resolution tonight approving this letter as official comment from the Village o
Tarrytown. The Village’s letter also addresses the negative impact that the Quay condominium community would also have to endure. The Mayor and Board find these proposed options objectionable.
Fire Chief Michael Coffey, 100 MacArthur Lane, stated that he is upset with the issue on the policy of the Deputy Fire Chief’s vehicle. This vehicle has become an intricate part of our department and it has not been misused. We don’t understand why repairs are being scrutinized on this vehicle considering it serves as the only spare vehicle we have in the Fire Department. Mr. Coffey believes that they have made a case that this vehicle provides essential service to the Village and has not been overused. The vehicle has only been used for life saving ventures. This past year, when two Fire Chief vehicles were out of service, this fourth vehicle has already paid for itself. The vehicle needs new brakes and he believes that is routine maintenance.
Mayor Fixell stated that the Board decided several years ago that this fourth Fire Chief’s vehicle could be used as a backup vehicle for the Fire Chiefs to be used once in awhile and it was clear that we were not adding a fourth vehicle to the Fire Chief’s fleet. It was agreed that as long as this vehicle had no other use and didn’t cost the Village money, it was approved to be used as the fourth Fire Chief vehicle as long as it lasted. As stated in our policy, the Village would perform routine maintenance, but not be responsible for repairs outside of routine maintenance. The Board is not suggesting that it was ever misused. Surrounding municipalities do not have a fourth Fire Chief vehicle except the Town of Ossining, which is a much larger municipality. The Village
is facing very difficult financial times right now and there is not a strong case to support this fourth vehicle.
Fire Chief Michael Coffey asked if the Fire Department is unable to fund the repair to this vehicle, what would become of the vehicle. Mayor Fixell stated that if the vehicle does not have any function, it would probably be deemed surplus; however, the Board has not discussed this.
Fire Chief Michael Coffey thanked the Board for their time and stated that in the spirit of democracy, we disagree with your point of view.
Peter Bartalacri, 67 Miller Avenue stated that he wanted to bring to the Board’s attention that along Miller Avenue, people are driving in excessive speeds, are ignoring stop signs and are on their cell phones while driving. He would like to see more police presence and is concerned that something horrible could happen. Mayor Fixell stated that we can arrange random police control in the area.
EXECUTION OF ALL CLOSING DOCUMENTS ASSOCIATED WITH THE PROPERTY TO BE CONVEYED FOR THE SCENIC HUDSON RIVERWALK PARK
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be adopted: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown
hereby authorizes and directs the Mayor to execute all closing documents associated with the property to be conveyed for the Scenic Hudson RiverWalk Park.
RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE AMEND SECTION 1202 OF NYS TAX LAW TO PERMIT THE TOWN OF GREENBURGH
AND THE VILLAGES WITHIN THE TOWN OF GREENBURGH TO ADOPT A LOCAL LAW IMPOSING A ROOM “OCCUPANCY TAX” ON PERSONS
OCCUPYING ANY HOTEL OR MOTEL ROOM FOR HIRE IN THE TOWN OR THE VILLAGE SIMILAR TO THAT CURRENTLY AUTHORIZED BY THE NYS
LEGISLATURE FOR COUNTIES AND CITIES IN NEW YORK STATE
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be adopted: Approved: 7-0
WHEREAS, Section 1202 of the New York State Tax Law authorizes and empowers certain cities and counties in New York State to adopt and amend local laws imposing a
Hotel and/or Motel “Occupancy Tax” upon persons occupying hotels or motels in certain counties and cities; and
WHEREAS, Section 1202 is not applicable to “Permanent Residents” of a hotel or motel which are persons occupying any room or rooms in a hotel or motel for at least
thirty (30) consecutive days; and
WHEREAS, Section 1202 provides that any tax imposed shall be paid by the person liable thereof to the owner of the room for hire, or to the person entitled to be paid the
rent or charge for the room, and that such owner or person shall be liable for collection and payment of the tax to the chief fiscal officer of the municipality; and
WHEREAS, Section 1202 provides that the amount of any tax sought by a county or city, and the interest and penalties thereon, may be provided for by local laws or
regulations of the municipality; and
WHEREAS, thirty-eight (38) counties which have received special consideration under Section 1202, with fifty percent (50%) of those counties having smaller estimated 2008
populations than the Town of Greenburgh, as determined by the U.S. Census Bureau; and
WHEREAS, the NYS Legislature recently authorized a Hotel and/or Motel Occupancy Tax for the City of White Plains, which abuts the Town of Greenburgh, and for the City
of New Rochelle; and
WHEREAS, there are more than 2,000 rooms for rent in the Town of Greenburgh, including the six (6) Villages in the Town, that would be subject to the occupancy tax;
and
WHEREAS, the Town of Greenburgh adopted a resolution on December 15, 2009, which has been shared with the Villages in the Town, requesting that the New York
State Legislature amend Section 1202 of NYS Tax Law to permit the Town of Greenburgh to adopt local laws imposing a room “occupancy tax” on persons
occupying any hotel or motel room for hire in the Town similar to that currently authorized by the NYS Legislature for counties and cities in New York State.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Tarrytown does hereby support the request of the Town Board of the Town of
Greenburgh subject to the condition that the Villages in the Town shall have the ability written into the law to impose a room “occupancy tax” on persons occupying any hotel
or motel room for hire in that Village similar to that currently authorized by the NYS Legislature for counties and cities in New York State.
AMENDMENT TO THE VILLAGE OF TARRYTOWN TOWING POLICY
Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be adopted: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend the Village of Tarrytown Towing Policy as follows: (A complete copy of the
policy will be affixed to the official minutes of this meeting.)
(Additions are in bold)
Village of Tarrytown - Towing Policy
i. Licensee shall respond to the location if a tow is required within thirty (30) minutes
of the contact from the Police Department. Failure of the licensee to respond within
the thirty (30) minute time frame more than three (3) times in a calendar year may
be grounds for the revocation of the license. The licensee shall not refuse to respond
to any call.
m. Licensee shall provide a storage area for towed vehicles, which storage yard shall
be located within three (3) miles of the jurisdictional limits of the Village of
Tarrytown and shall be of sufficient size to accommodate at least ten (10) average
size vehicles. The storage area shall be secure so as to provide reasonable security of
the vehicles and the contents thereof. The storage area shall be lighted during the hours
of darkness. The Village shall have the right to inspect the security provisions during
the term of the license to assure continued compliance.
RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried, that the following resolution be adopted: 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 19, 2010 Board of Fire Wardens meeting: Membership: Domenico Francomano and Marco Girao were removed from active membership in Washington Engine and Catherine Hopkins has been removed from membership of Riverside Hose Company. Drivers: James Riley has passed as a driver for Conqueror Hook and Ladder, apparatus L-37.
TAPPAN ZEE BRIDGE/I-287 CORRIDOR PROJECT
Mayor Fixell read the letter written to Michael P. Anderson, P.E., Project Director of the New York State Department of Transportation, regarding the Tappan Zee Bridge/I-287 corridor Project, which is attached to the official minutes of this meeting.
Trustee Basher moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be adopted: Approved: 7-0
WHEREAS, the Tappan Zee Bridge/I-287 Corridor Project staff held a forum at the Greenburgh Library, at which forum several new alternatives were presented regarding the Commuter Rail Transit (CRT) and the Bus Rapid Transit (BRT); and
WHEREAS, some of the new CRT and BRT alternatives presented raise a number of serious concerns for the Village of Tarrytown; and
WHEREAS, it is the opinion of the Board of Trustees that these proposals are significantly impactive on the Village, the residents of Tarrytown and the quality of life that residents enjoy in Tarrytown; and
WHEREAS, it is the opinion of the Board of Trustees that these serious concerns must be addressed and rectified in the Environmental Review Process and that the Board of Trustees
must send a letter and that this letter should be considered official comments of the Village of Tarrytown on these issues.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the Mayor to send a letter to Tappan Zee Bridge/I-287 Corridor Project which shall include the concerns of the Village and that this letter shall be the official comment of the Village of Tarrytown.
BE IT FURTHER RESOLVED that the Board of Trustees does hereby request that the Tappan Zee Bridge/I-287 Corridor Project enter this letter into the Environmental Impact Statement record.
SCHEDULE A PUBLIC HEARING
Trustee Butler moved, seconded by Trustee Zollo, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee Hoyt who abstained. Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby schedules a Public Hearing for the regular meeting of February 16, 2010, to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 269, Taxation, Article VII “Volunteer Firefighters and Ambulance Corps Exemption, Sections 37 through 39” to limit the expanded 10 percent real property exemption pursuant to Real Property Tax law Section 466-d to the extent that any one property cannot receive more than one 10 percent exemption despite the owner or owners serving as a member of more than one volunteer entity which qualifies said individuals for the exemption.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JANUARY 19, 2010
Trustee Zollo moved, seconded by Trustee Basher, that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustee Butler who abstained. 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 January 19, 2010 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON JANUARY 26, 2010
Trustee McGee moved, seconded by Trustee McGovern, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee Basher and Trustee Butler 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 January 26, 2010 as submitted by the Village Administrator.
APPROVAL OF AUDITED VOUCHERS NO. 002822 THROUGH NO. 002950
Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be adopted: Approved: 7-0
BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 002822 through No. 002950 and is hereby ordered paid in the following amounts:
General $ 427,459.31
Water 44,657.47
Capital 10,157.25
Library 7,139.35
Trust & Agency 2,993.10
Total $ 492,406.48
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 002891, 002892, 002942, and 002943. Motion carried. 7-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee McGee, and unanimously carried, that the
meeting be adjourned at 9:07 p.m.
RECONVENE TO REGULAR SESSION
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried, to reconvene to regular session. Approved: 7-0
CORRECTION - RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried, that the following resolution be adopted: 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 19, 2010 Board of Fire Wardens meeting: Membership: Domenico Francomano and Marco Girao were removed from active membership in Washington Engine. Drivers: James Riley has passed as a driver for Conqueror Hook and Ladder, apparatus L-37.
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the following Fire Department personnel change recommended at the
December 15, 2009 Board of Fire Wardens meeting: Membership: Catherine Hopkins has been removed from membership of Riverside Hose Company
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee McGee, and unanimously carried, that the meeting be adjourned at 9:09 p.m.
Carol A. Booth
Village Clerk
| 
