Board of Trustees
Village of Tarrytown
Regular Meeting No. 29
February 16, 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
The meeting began with the Pledge to the Flag.
ADJOURNMENT OF GRIEVANCE DAY
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be adopted: Approved: 7-0
WHEREAS, Grievance Day in the Village of Tarrytown commenced at 4:00 p.m. on Tuesday, February 16, 2010; and
WHEREAS, the purpose of Grievance Day is to hear tax grievance proceedings; and
WHEREAS, Grievance Day was conducted in accordance with the requirements of New York State Law.
NOW THEREFORE, BE IT RESOLVED that Grievance Day is hereby closed.
BE IT FURTHER RESOLVED that all grievances are hereby referred to the Village Assessor for a written report on the grievances filed on Grievance Day on or before April 1, 2010. The Village Assessor is hereby authorized and directed to arrange for hearings with taxpayers who have requested hearings.
REPORTS
Trustee McGovern stated that she had many requests for information regarding the lines on the Tarrytown roads for the snow.
Administrator Blau stated that the Village of Tarrytown is participating in a pilot program using a pretreatment of salt brine that is put down on the roads prior to a snow storm. This is supposed to prevent the snow from sticking to the roads and ultimately delay the need for DPW to come out and plow the roads. We will be doing an analysis to see if we are saving DPW overtime. Based on a previous snow storm, we did save some money on overtime; however, we will do a complete analysis at the end of the winter season.
Trustee Basher stated that on behalf of the entire board he wishes to extend appreciation to the Department of Public Works for last Wednesday’s storm. He had occasion to go out a few times and the roads were very passable and he would like to commend the staff of the Department of Public Works.
PUBLIC HEARING – VOLUNTEER FIREFIGHTERS AND AMBULANCE CORPS EXEMPTION (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 16th 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§ 269.39 of Article VII entitled "Volunteer Firefighters and Ambulance Corps Exemption § 269.37 - § 269.39" 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 §269.39 of Article VII entitled "Volunteer Firefighters and Ambulance Corps Exemption §269.37 - §269.39)" 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 as a result of its adoption of Local Law No. 6 of 2008 which adopted the expanded 10 percent real property exemption pursuant to Real Property Tax Law Section 466-d, members of the fire department who are also members of the ambulance corps. could receive two exemptions or a total of a 20 percent real property exemption. The Board of Trustees intended in its adoption of Local Law No. 6 of 2008 to grant the expanded 10 percent real property exemption pursuant to Real Property Tax Law Section 466-d but did not intend to permit any one property to receive more than a 10 percent exemption.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown 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.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to §269.39 of Article VII entitled "Volunteer Firefighters and Ambulance Corps Exemption §269.37 - §269.39" of the Code of the Village of Tarrytown.
§269.39 Exemption adopted.
The Village of Tarrytown hereby adopts the expanded ten-percent real property exemption pursuant to Real Property Tax Law § 466-d; however, real property owned by an enrolled member and/or spouse of an incorporated volunteer fire company member and/or an incorporated ambulance service member shall be limited to a total of ten percent (10%) property tax exemption under this Article.
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 Zollo moved, seconded by Trustee McGovern, 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 Basher moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be closed.
Trustee McGee moved, seconded by Trustee McGovern, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee Hoyt who abstained. Approved: 6-0
WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 269, Taxation, Article VII, Volunteer Firefighters and Ambulance Corps Exemption, Section 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.
WHEREAS, a public hearing was held for the proposed action on February 16, 2010; and
WHEREAS, a notice of public hearing was published in the Journal News on February 4, 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. 2 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
Mayor Fixell questioned whether anyone wished to address the Board on any matter. No one appeared.
MEMBERSHIP ON TREE COMMISSION
Trustee Hoyt 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 hereby appoints Ann O’Brien to the Tree Commission for a three-year term.
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby appoint Susan Goodwin to the Tree Commission as the representative
from the Tarrytown Environmental Advisory Council in conformance with Chapter 281-5.A. of the Code of the Village of Tarrytown.
AGREEMENT WITH NEW YORK POWER AUTHORITY FOR HYBRID ELECTRIC SHUTTLE BUS
Trustee Basher moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be adopted: Approved: 7-0
BE IT RESOLVED that the Village Administrator is hereby authorized to execute an agreement between the Village of Tarrytown and New York Power Authority, to
provide for funding for a Hybrid Electric Shuttle Bus in an amount totaling $27,000, with $27,000 to be provided by the New York State Department of Transportation and
another $29,000 from a Community Development Block Grant.
IMA WITH WESTCHESTER COUNTY REGARDING SENIOR VAN
Trustee McGee moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be adopted: Approved: 7-0
BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute an Agreement between the Village of Tarrytown and Westchester County to extend the term of the Intermunicipal Agreement for Community Development Block Grant funding for a hybrid Senior Van from February 15, 2010 to April 30, 2010.
AGREEMENT AND EASEMENT WITH WESTCHESTER COUNTY REGARDING LOH PARK FLOOD MITIGATION PROJECT
Trustee McGovern moved, seconded by Trustee Hoyt, and unanimously carried, that the following resolution be adopted: Approved: 7-0
BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute an Agreement between the Village of Tarrytown and Westchester County, regarding funding for the Loh Park Flood Mitigation project.
HOME RULE REQUEST REGARDING HOTEL OCCUPANCY TAX
Trustee McGee moved, seconded by Trustee McGovern, 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 authorize the issuance of a Home Rule Request associated with the enactment of State Senate Bill No. 9548 by the New York State Legislature to authorize a hotel occupancy tax in the Village of Tarrytown; and
BE IT FURTHER RESOLVED that the Village Clerk is hereby directed to submit the Home Rule Request to the New York State Senate.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON FEBRUARY 1, 2010
Trustee Basher moved, seconded by Trustee Butler, 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 minutes of the regular meeting of the Board of Trustees held on February 1, 2010, as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES AND THE PLANNING BOARD HELD ON JANUARY 26, 2010
Trustee Butler moved, seconded by Trustee McGee, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee Basher who abstained. 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 and the Planning Board held on January 26, 2010 as submitted by the Planning Board Secretary.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES AND THE PLANNING BOARD HELD ON FEBRUARY 2, 2010
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 approves the minutes of the special meeting of the Board of Trustees and the Planning Board held on February 2, 2010 as submitted by the Planning Board Secretary.
APPROVAL OF AUDITED VOUCHERS NO. 002951 THROUGH NO. 003167
Trustee Zollo moved, seconded by Trustee McGovern, 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. 002951 through No. 003167 and is hereby ordered paid in the following amounts:
General $ 194,346.39
Water 84,461.83
Capital 95,535.00
Library 28,762.50
Trust & Agency 4,574.76
Total $ 407,680.48
Subtract Voucher No. 003000 (112,50)
Amended Total $ 407,567.98
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 003060, 003098, and 003159 and Trustee Hoyt who abstained from Voucher Number 003034. Motion carried. 7-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried, that the meeting be adjourned at 8:16 p.m.
Carol A. Booth
Village Clerk
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