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Village Board of Trustees Minutes 04/19/2010
                                                Board of Trustees
                                                Village of Tarrytown
                                                Regular Meeting No. 3
                                                April 19, 2010   8:00 p.m.

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

The meeting began with the Pledge to the Flag.

REPORTS

Mayor Fixell stated the following:
-  Congratulated the Tarrytown Volunteer Ambulance Corp, which was named the 2009 EMS Agency of the Year by the Westchester EMS Council.  Congratulations go out to our Ambulance Corp.
-  This Saturday, April 24th, is Tarrytown Earth Day and TEAC Clean-Up Day.  The Clean-Up will begin at Neperan Park at 11 a.m.

Trustee Zollo stated that the Tarrytown Fire Department reported that on April 7, 2010, active member, Henry Herguth passed away.  He was an active member of Washington Engine for 77 years.  He was the oldest and longest tenured member of the Tarrytown Fire Department.  He served the company as Captain three times and also as President.  He served a long time – job well done.

Trustee Basher announced that this Saturday, April 24th, at Patriot’s Park from 11 a.m. to 3 p.m. will be the 3rd Annual Rubber Ducky Derby Day sponsored by the Rotary Club.  Rubber Duckies will race down the mighty Andre Brook.  Prizes will be awarded to the first duck to cross the finish line of each heat.  This is held in collaboration with the Tarrytown Family YMCA Family Health Kids Day.  Hope many will attend.  There will be music, food and entertainment.

Trustee Hoyt stated that the Recreation Department is currently accepting registrations for our Day Camp, Sports Camp and Tot Camp.  

CONTINUATION OF A PUBLIC HEARING TO HEAR AND DISCUSS THE VILLAGE’S TENTATIVE BUDGET FOR  FISCAL YEAR 2010-2011

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby closes the public hearing on the Tentative Budget for Fiscal Year 2010-2011; and

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby schedules a special meeting on April 28, 2010, at 7:00 p.m. at Village Hall to approve the Budget for Fiscal Year 2010-2011.

PUBLIC HEARING – ELECTRICAL STANDARDS, CHAPTER 139 (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 19th day of April, 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 Chapter 139 entitled "Electrical Standards” 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:

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact
The Board of Trustees of the Village of Tarrytown has determined that it is necessary to amend Chapter 139 to eliminate the names of actual firms that provide electrical inspection services and to establish a process for the Board of Trustees to appoint firms, from time to time, to provide electrical inspection services in order to insure the proper administration of electrical inspection services in the Village of Tarrytown.  
B.      Legislative Intent

It is the intent of the Board of Trustees of the Village of Tarrytown is to eliminate certain provisions in Chapter 139 to address the selection of firms to provide electrical inspection services and to eliminate certain language in the Chapter that is unnecessary due to regulation and control by the State of New York.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.

SECTION 2.  Amendment to Chapter 139 entitled “Electrical Standards” of the Code of the Village of Tarrytown.

§ 139-2.  Definitions.
For the purpose of interpreting and applying the provisions of this chapter, the following definitions shall be observed:
 
INSPECTOR  -- The Chief Inspector and each of the duly appointed inspectors of the firms selected by the Board of Trustees for the purpose of making inspections and re-inspections of all electrical installations heretofore and hereafter described and to approve or disapprove the same.  A minimum of two (2) firms shall be selected by the Board of Trustees to serve as Inspector and those firms shall be (New York Board of Fire Underwriters and New York Electrical Inspection Services that is) a member of the International Association of Electrical Inspectors and shall (that) apply (ies) the National Electrical Code as the standard for inspection and certification. (,who are hereby authorized and deputized as agents of the Village to make inspections and re-inspections of all electrical installations heretofore and hereafter described and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections and re-inspections be a charge against the Village.)

§ 139-5.  Certificates of approval.  
If it is found that an electric device or wiring system is lawfully installed or altered, the inspector shall issue a certificate of approval to that effect. To cover the intent and purpose of this section, a certificate of approval as issued by the Inspector (New York Board of Fire Underwriters and New York Electrical Inspection Services) that is a member of the International Association of Electrical Inspectors and that applies the National Electrical Code as the standard for inspection and certification shall be deemed sufficient evidence of conformity to the provisions of this chapter.  

§ 139-6.  Supply of current.  
D.      It shall be a violation of this chapter for any person, firm or corporation to install or cause to be installed or to alter or repair electrical wiring for light, heat or power in or on properties in the Village until an application for inspection has been filed with the Inspector. (New York Board of Fire Underwriters and New York Electrical Inspection Services that is a member of the international Association of Electrical Inspectors and that applies the National Electrical Code as the standard for inspection and certification) It shall be a violation of this chapter for a person, firm or corporation to connect or cause to be connected electrical wiring in or on properties for light, heat or power to any source of electrical energy supply prior to the issuance of a temporary certificate or a certificate of compliance by the Inspector. (New York Board of Fire Underwriters and New York Electrical Inspection Services that is a member of the International Association of Electrical Inspectors and that applies the National Electrical Code as the standard for inspection and certification.)
(§139-8 Board of Electrical Control)

(A. There is hereby created a Board of Electrical Control composed of five members; one a journeyman electrician, one regularly engaged in the electrical contracting business, one an inspector of the New York Board of Fire Underwriters and New York Electrical Inspection Services that is a member of the New York Board of Fire Underwriters and New York Electrical Inspectors and that applies the National Electrical Code as the standard for inspection and certification, one the Building Inspector of the Village, and one a representative of the utility supplying electric energy to the Village or a qualified electrical engineer.  They shall be appointed by the Board of Trustees.  Residence in the Village shall not be required of the Inspector from the New York Board of Fire Underwriters and New York Electrical Inspection Services that is a member of the International Association of Electrical Inspectors and that applies the National Electrical Code as the standard for inspection and certification nor of the utility representative or the qualified electrical engineer nor of the Building Inspector; however, all other members of the Board of Electrical Control must be residents of the Village of Tarrytown for at least one-year prior to the date of his or their appointment to said Board.  The Chairman of the Board shall be designated by the Board of Trustees.)

(B. Appointments to the Board of Electrical Control shall be for four-year terms, excepting Building Inspector, who shall be appointed annually.  Vacancies in said Board shall be filled by the Board of Trustees for the unexpired term.)

  • Meetings may be called by the Chairman or by any two members of the Board.  Three members shall constitute a quorum for the transaction of business, and the votes of a majority of all members shall be necessary for official action.)
  
§ 139-11.  Construal of provisions.  
This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electric wiring, devices, appliances or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the Village or the Inspector (New York Board of Fire Underwriters and New York Electrical Inspection Services that is a member of the International Association of Electrical Inspectors and that applies the National Electrical Code as the standard for inspection or certification) be deemed to have assumed any such liability by reason of any inspection made pursuant to this chapter.  

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

WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 139, Electrical Standards by eliminating specific companies serving as Electrical Inspectors from the Chapter and eliminating the Board of Electrical Control.

WHEREAS, a public hearing was held for the proposed action on April 19, 2010; and

WHEREAS, a notice of public hearing was published in the Journal News on April 6, 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. 6 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.  

ARBOR DAY PROCLAMATION

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

WHEREAS, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and

WHEREAS, This holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and

WHEREAS, Arbor Day is observed throughout the nation and the world, and

WHEREAS, Trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and

WHEREAS, Trees are renewable resources giving us paper, wood for our homes, fuel for our fires and countless other wood products, and

WHEREAS, Trees in our village increase property values, enhance the economic vitality of business areas, and beautify our community, and

WHEREAS, Trees are a source of joy and spiritual renewal, and

WHEREAS, The Village of Tarrytown has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree-planting ways.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby proclaim April 30, 2010~ as “ARBOR DAY” in the Village of Tarrytown, and urges all citizens to support efforts to care for our trees and woodlands and to support our community forestry program.

BE IT FURTHER RESOLVED that the Board of Trustees urges all citizens in the Village to plant trees to gladden the hearts and to promote the well being of present and future generations.

APPOINTMENT OF ELECTRICAL INSPECTION SERVICES

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby appoint New York Electrical Inspection Services of Tarrytown, New York and State Wide Inspection Services of Elmsford, New York as third party electrical inspection companies for the Village of Tarrytown.

ACKNOWLEDGEMENT OF RECEIPT OF THE 2009 TARRYTOWN VOLUNTEER FIRE DEPARTMENT SERVICE AWARD (PENSION) PROGRAM ANNUAL REPORT REGARDING QUALIFYING POINTS RECEIVED

Trustee McGovern 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 does hereby acknowledge receipt of the Tarrytown Volunteer Fire Department 2009 annual report of points achieved by respective members of the Tarrytown Volunteer Fire Department for qualification for Village contribution to the Fire Department members service award program, which report shall be posted for public inspection and comment for 30 days prior to Board of Trustees’ consideration of approving submission of the report to the pension fund underwriter, subject to final sign-off by the Mayor.

ACKNOWLEDGEMENT OF RECEIPT OF THE 2009 TARRYTOWN VOLUNTEER AMBULANCE CORPS SERVICE AWARD (PENSION) PROGRAM ANNUAL REPORT REGARDING QUALIFYING POINTS RECEIVED

Trustee Basher 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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby acknowledge receipt of the Tarrytown Volunteer Ambulance Corps 2009 annual report of points achieved by respective members of the Ambulance Corps for qualification for Village contribution to the Ambulance Corps members service award program, which report shall be posted for public inspection and comment for 30 days prior to Board of

Trustees’ consideration of approving submission of the report to the pension fund underwriter, subject to final sign-off by the Mayor.

AGREEMENT FOR PROFESSIONAL SERVICES RE: SOLAR PANELS

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

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 Prudent Power, LLC, of Sleepy Hollow, New York, for professional services with respect to a grant received from NYSERDA for the placement of solar panels on the Village Hall building.

CLOSING RESOLUTION – CONSERVATION EASEMENT – SCENIC HUDSON

Trustee Basher moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved:  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 interests to be conveyed for the Scenic Hudson RiverWalk Park.

AN UNDERTAKING IN CONNECTION WITH HIGHWAY WORK PERMITS ISSUED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes and directs the Village Administrator to execute an Undertaking in Connection with Highway Work Permits in the Village of Tarrytown.

APPOINTMENT OF PART-TIME SEASONAL EMPLOYEE

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints Raymond DeFiore, to the part-time seasonal position of Laborer in the Parks and Recreation Department at an hourly rate of $9.50 effective April 20, 2010.

TIME EXTENSION FOR NEPERAN ROAD PROJECT

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes the Village Administrator to request a no cost time extension with the New York State Department of Transportation for the Neperan Road Resurfacing, Restoration and Rehabilitation Project through December 31, 2010.

TAX CERTIORARI – ACADIA-NODDLE,132-140 WILDEY STREET

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the tax certiorari settlement with Acadia-Noddle, 132-140 Wildey Street, Parcels P25 and P25B, as outlined in the Village Attorney’s memorandum dated March 31, 2010.

BE IT FURTHER RESOLVED that financing for this tax certiorari settlement may be provided pursuant to a future bond authorization.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 5, 2010

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  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 April 5, 2010, as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE ORGANIZATIONAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 5, 2010

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the organizational meeting of the Board of Trustees held on April 5, 2010, as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 9, 2010

Trustee Basher moved, seconded by Trustee Hoyt, that the following be approved.  Motion carried, all voting “aye” with the exception of Trustees Butler and Zollo 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 April 9, 2010, as submitted by the Village Administrator.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON MARCH 16, 2010

Trustee McGovern moved, seconded by Trustee Butler, that the following be approved.  Motion carried, all voting “aye” with the exception of Trustee Zollo 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 held on March 16, 2010, as submitted by the Village Clerk.

APPROVAL OF AUDITED VOUCHERS NO. 003752 THROUGH NO. 003903

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

BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 003752 through No. 003903 and is hereby ordered paid in the following amounts:

General                 $      243,188.18
Water                             50,973.66
Capital                         240,419.35
Library                         5,628.47
Trust & Agency                           8,049.06
      Total                        $      548,258.72

        The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 003895 and 003900.   Motion carried.  7-0

ADJOURNMENT

Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the meeting be adjourned at 8:17 p.m.




Carol A. Booth
Village Clerk