Board of Trustees
Village of Tarrytown
Regular Meeting No. 14
August 16, 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.
MOMENT OF SILENCE – ROBIN BIRRITTELLA
Mayor Fixell requested a moment of silence in memory of Robin Birrittella, a life-long resident and a friend to many, who passed away this weekend. Robin has volunteered for the Village as member of the Village Hall Task Force in 1995; member of the Moderate Income Housing Committee beginning in 1995 and member of the Architectural Review Board from 1998 to 2001. The Tarrytown Board of Trustees would like to extend their deepest sympathy to the Birrittella family.
REPORTS
Mayor Fixell stated the following:
- The County Mobile Shredder is coming to the Village of Tarrytown this Saturday, at the Village Hall parking lot from 10 a.m. to 2 p.m. This is a great service the County provides to our residents.
- On Saturday, September 25th, the Village-Wide Tag Sale will be held from 10 a.m. to 5 p.m. The deadline to register is Friday, September 17th. There is no cost for this event.
For more information, please contact the Recreation Department at 631-8347.
PUBLIC HEARING – REMOVAL OF PARKING METER FEES IN VILLAGE CODE (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 16th day of August 2010, at 8 PM in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591 to hear, discuss and to act upon proposed amendment to the Code of the Village of Tarrytown, Chapter 291, Vehicles and Traffic, Section 41, Maximum parking time limit; fee; exceptions by removing the fees in the Section from the Code and placing the fees in the Master Fee Schedule 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 §291.41 Maximum parking time limit(; fee;) and exceptions”
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees has established a Master Fee Schedule for the Village which is to include all fees charged by the Village, regardless of the purpose for which the fee is charged. The Board of Trustees, as part of the budget approval process for Fiscal Year 2010-2011 increased the fee to be charged for parking meters in the Village and it was discovered that the fees for parking meters had not been removed from the Code.
B. Legislative Intent.
It is the intention of the Board of Trustees to update and maintain all fees charged by the Village in the Master Fee Schedule of the Village and when it is discovered that a fee has not been moved from the Village Code to the Master Fee Schedule, it is the intent of the Board to address that matter.
Material to be deleted appears in parenthesis ( ), material to be added is in bold.
§~291-41. Maximum parking time limit(; fee;) and exceptions.
A. On-street parking meter zones. The maximum parking time limit in parking meter spaces in parking meter zones on public streets shall be two hours. (, for which time the charge or fee shall be $1.20, or $0.05 for each five minutes or $0.10 for each 10 minutes or $0.25 for each 25 minutes, except:)
(1) Parking-metered spaces located on the east and west sides of South Broadway between Elizabeth Street and Franklin Street, where the time limit shall be six hours. (upon deposit of $3.60, or $0.25 for each 25 minutes.)
(2) Parking-metered spaces located on the south and west sides of Depot Plaza, where the time shall be 12 hours. (upon deposit of $7.20, or $0.25 for each 25 minutes.)
(3) Parking-metered spaces located on the east and west sides of Cortlandt Street, the north side of Main Street west of the driveway to Rivercliffe Condominiums, the south side of Main Street west of White Street and the west side of Franklin Street north of White Street, where the time limit shall be 12 hours. (upon the deposit of $7.20, or $0.25 for each 25 minutes.)
(4) The maximum time limit at the following parking meter spaces so designated by signs and or markings on Main Street, North Broadway and South Broadway shall be 15 minutes (upon deposit of $0.25):
B. Off-street metered parking lots.
(1) South Depot Plaza Parking Lot. The maximum time limit in the parking meter spaces in this lot shall be 12 hours. (upon deposit of $7.20, or $0.25 for each 25 minutes.)
(2) McKeel Avenue Parking Lot.
(a) The maximum time limit in parking meter spaces in this lot shall be six hours. (upon deposit of $3.60, or $0.25 for each 25 minutes.)
(3) Washington Street Parking Lot.
(a) The maximum time limit in parking spaces in this lot shall be six hours. (upon deposit of $3.60, or $0.25 for each 25 minutes.)
(4) Windle Park Municipal Parking Lot.
(a) The maximum time limit in parking meter spaces in this lot shall be two hours. (upon deposit of $1.20, or $0.25 for each 25 minutes.)
(5) Windle Park YMCA Parking Lot. The maximum time limit in parking meter spaces in this lot shall be two hours. (upon deposit of $1.20, or $0.25 for each 25 minutes.)
(6) South Broadway; parking lot at No. 2. The maximum time limit in the parking meter spaces in this lot shall be two hours. (upon deposit of $1.20, or $0.05 for each five minutes or $0.10 for each 10 minutes or $0.25 for each 25 minutes.)
(7) South Broadway Lot.
(a) The maximum time limit at certain parking meter spaces so designated by signs and/or markings shall be two hours. (upon deposit of $1.20, or $0.05 for each 5 minutes or $0.10 for each 10 minutes or $0.25 for each 25 minutes.) The maximum time limit at other parking meter spaces so designated by signs and/or markings shall be six hours. (upon deposit of $3.60 or $0.25 for each 25 minutes.)
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 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 McGee, and unanimously carried, that the hearing be closed.
Trustee McGee 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 Article 5, Metered Parking, Chapter 291-41 Maximum parking time limit; fee; exceptions by removing all parking fees from the Code; and
WHEREAS, the Board of Trustees has created a Master Fee Schedule to provide a format for all fees charged by the Village of Tarrytown which is easy to locate and understand without having to search the entire Village Code; and
WHEREAS, parking meter fees were not included in the Master Fee Schedule; and
WHEREAS, in order to be consistent with the manner in which fees are documented, the parking meter fees will be included in the Master Fee Schedule of the Village of Tarrytown; and
WHEREAS, a public hearing was held for the proposed action on August 16, 2010; and
WHEREAS, a notice of public hearing was published in the Journal News on July 28, 2010; and
THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 7 of 2010.
PUBLIC HEARING – EARLY RETIREMENT INCENTIVE (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 16th day of August 2010, at 8 PM in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591 to hear, discuss and to act upon proposed amendment to the Code of the Village of Tarrytown, Chapter 53, Retirement by adding a new Article II to implement a Retirement Incentive Program for targeted employment positions. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:
A LOCAL LAW to amend §53“Retirement”
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The State of New York has adopted Chapter 105 of the Laws of 2010 which created a temporary retirement incentive which is applicable to municipalities who participate in the New York State Employee Retirement System. The incentive program is designed to reduce budgetary pressures by enabling municipalities, through local option, to offer an early retirement incentive to its employees who qualify for the program, in order to eliminate a position or reduce costs associated with the position. Chapter 105 provides for a Targeted Incentive (Part A), which may be offered to targeted positions and a 55/25 Retirement Benefit (Part B), which must be offered to all eligible employees.
B. Legislative Intent.
The Board of Trustees believes that the cost savings associated with the incentive program is beneficial to the taxpayers of the Village and will not negatively impact upon the operation of the
Village. It is the intention of the Board of Trustees to offer the Targeted Incentive to employees in specific positions in the Village. The Board of Trustees does not intend to offer the 55/25 Retirement Benefit.
Material to be deleted appears in (parenthesis), material to be added is in bold.
ARTICLE II, 2010 Incentive Program
§ 53-5. Program authorized.
The Village of Tarrytown hereby elects to provide employees in targeted positions with a retirement incentive program authorized by the State of New York in Chapter 105 of the Laws of 2010.
§ 53-6. Targeted positions.
Pursuant to Part A of the Retirement Incentive Program, the following positions shall be targeted and specific employees in the positions, who qualify pursuant to the requirements of the law creating the Retirement Incentive Program, shall be offered the incentive:
Maintenance Mechanic Utility – Department of Public Works
Principal Clerk – Library
Road Maintenance Foreman – Department of Public Works
Skilled Laborer – Department of Public Works
Senior Account Clerk-Typist – Treasurer’s Office
§ 53-7. Commencement date.
The commencement date of the retirement incentive program shall be November 1, 2010.
§ 53-8. Open period.
The open period during which eligible employees may retire and receive the additional retirement benefit shall be 61 days.
§ 53-9. Payment of costs for Incentive Program.
The additional retirement benefits payable pursuant to the provisions of this Article shall be funded over a five-year period.
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 Basher, and unanimously carried, that the hearing be opened.
Lori Semeraro, 205 Martling Avenue, asked the following questions: Would those five positions be replaced and why didn’t the Board of Trustees opt to offer the retirement incentive of 25 years and 55 years old. Administrator Blau stated that one of the five positions would not be replaced and the other four would be replaced with people at a lower pay scale. The Board chose not to offer the retirement incentive of 25 years and 55 years of age because it would be more costly to the Village.
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 Chapter 53, Retirement of the Village Code by adding Article II, 2010 Incentive Program to provide employees
in targeted positions with a retirement incentive program authorized by the State of New York, in Chapter 105 of the Laws of 2010; and
WHEREAS, a public hearing was held for the proposed action on August 16, 2010; and
WHEREAS, a notice of public hearing was published in the Journal News on July 28, 2010; and
THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 8 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
Lori Semeraro, 205 Martling Avenue, asked the Board if Item No. 10 on tonight’s agenda is referring to upgrading the video equipment for board meetings. Administrator Blau stated that the Village would be contracting with a consultant, who has municipal experience, to put specifications together to go out to bid for the new video equipment. Ms. Semeraro commended the Pierson Park Design Committee for incorporating the public comments into the new park’s design plan. She asked when the next public hearing on the park would be. Administrator Blau stated that a public information session is scheduled for the September 20th Board meeting to further discuss the design plans for Pierson Park. Ms. Semeraro stated that along the RiverWalk
Park, between the Striped Bass restaurant and the condominiums, there is a very tall purple flower that may interfere with the view. Mayor Fixell stated that he would bring it up with the consultants.
CAPITAL BUDGET FOR GENERAL FUND FISCAL YEAR 2010-2011
Trustee Butler 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 hereby approves the following capital budget for the General Fund fiscal year 2010-2011:
CAPITAL BUDGET - GENERAL FUND |
|
2010-2011 |
|
Department |
2010-2011 |
Land Purchase |
|
Purchase of Wilson Park Property ($375,000 deducted from price for Village construction of new water line) |
$625,000 |
Purchase of Masons Parking Lot |
$500,000 |
Buildings |
|
Solar Panels, Village Hall (ARRA Grant of $215,868) |
$125,000 |
Roads, Sidewalks, Drainage - DPW |
|
Development of Masons Parking Lot |
$75,000 |
Replace Curbs and Sidewalks |
$35,000 |
Development of Parking Lot @ Fire Training Center |
$475,000 |
Improvements to Junior League Parking Lot |
$27,000 |
Sewer Distribution - DPW |
|
Relining Existing Sewer Mains |
$110,000 |
Engineering |
$20,000 |
Equipment - DPW |
|
Backhoe attachment for Bobcat |
$25,000 |
Recreation |
|
Playground upgrades - Patriot's Park (CDBG Funds of $35,000) |
$35,000 |
Andre Brook Restoration ($742,847 grant from NYSDOS) |
$74,200 |
Police |
|
Uninterrupted Power Source - Police Department |
$50,000 |
Fire |
|
Board of Trustees -6- |
August 16, 2010 |
Remodeling of Kitchen at Main Street Firehouse Jaws of Life for Engine 77 (replaces equipment purchased in 1974) |
$25,000 $10,000 |
Turnout Gear |
$42,000 |
Upgrade of 22 Self-Contained Breathing Apparatus (SCBA) to new NFPA Standard |
$16,000 |
Painting of Apparatus Room for Engine 79 (Hope) and Truck 37 (Conqueror) |
$20,000 |
Vehicles |
|
DPW |
|
|
|
1993 International Bucket (T4) |
$150,000 |
1982 Mack Dump (T-7) |
$175,000 |
John Deere Tractor (2001) |
$25,000 |
1994 Mack (T-2) - Replace truck body |
$50,000 |
1996 Mack (G-6) - Replace garbage truck body with a dump body |
$50,000 |
Fire |
|
Replacement for 1988 E- One Pumper (E-80; Riverside) - additional funds needed beyond original borrowing in FY 09-10 (includes funds for EWFAC contract) |
$33,040 |
Replace Fire Chiefs Vehicle (2001) |
$37,500 |
|
|
TOTAL |
$2,809,740 |
APPROVAL TO AMEND THE MASTER FEE SCHEDULE FOR PARKING METER RATES AND TOWING RATES
Trustee Zollo 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 amends the Master Fee Schedule for the Village of Tarrytown pertaining to Parking Meter Rates and Towing Rates as follows:
On-street parking meters, with the exception of specially designated parking meters with a 15 minute maximum time limit - $0.25 for each 20 minutes
Specially designated on-street parking meters with 15 minute maximum time limit - $0.25 for each 15 minutes
Off-street metered parking lots - $.025 for each 20 minutes
Towing within the Village of Tarrytown - $125.00
Towing per mile outside a 2 mile radius of the Village line - $5.00
Flat Bed Towing Service - $175.00
Road Service - $75 during normal business hours; $95 otherwise
Storage Fee per day - $45.00
Winching Rates - $105.00
Rollover - $200.00
HANDICAPPED PARKING SPACE APPROVAL – 75 N. BROADWAY
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Village of Tarrytown hereby approves the request to have a handicap parking space placed at 75 North Broadway:
All new material is set forth in CAPITAL letters.
Section 291-92. Schedule XXVII: Handicapped Parking Spaces.
In accordance with the provisions of 291-62, the following described streets, driveways, parking lots and auto parks or parts of streets, driveways, parking lots and auto parks are hereby designated as handicapped parking spaces and are designated for use by persons with handicapped parking permits:
Name of Street, etc. Side Number of Spaces; Location
BROADWAY, NORTH WEST 1; THE FIRST METERED SPACE
NORTH OF DIXON STREET
APPROVAL OF CONTRACT FOR PROFESSIONAL SERVICES – LOCAL WATERFRONT REVITALIZATION PROGRAM (LWRP) UPDATE AND FINALIZATION
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 Village Administrator to execute an agreement with Martin Schneider, to update the Village of Tarrytown Local Waterfront Revitalization Program Plan.
APPROVAL OF CONTRACT FOR PROFESSIONAL SERVICES TO UPGRADE THE VIDEO EQUIPMENT IN THE BOARDROOM
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 George A. Malone for professional services to upgrade the video equipment utilized to shoot the Board of Trustees and Planning Board meetings in the Boardroom.
APPROVAL OF CONTRACT FOR TAX CERTIORARI APPRAISAL SERVICE
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 agreement with Sterling Appraisals Inc. of Tuckahoe, New York, for professional services to prepare a tax certiorari appraisal for Destination Hotels & Resorts/Tarrytown House Estate & Conference Center in the Village of Tarrytown.
RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES
Trustee McGovern 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 following Fire Department personnel change recommended at the July 20, 2010 Board of Fire Wardens meeting: Membership: Dominick Sartario was approved for active membership in Riverside Hose Company.
SCHEDULE A PUBLIC HEARING – CHAPTER 305, ZONING
Trustee Butler 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 schedule a Public Hearing for the regular meeting of September 7, 2010 to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 305 Zoning, Section 305-
134 C. Application; Contents; Topographic data for the purpose that applications to the Planning Board include a map showing areas of slope exceeding 25% at two-foot intervals.
SCHEDULE A PUBLIC HEARING – CHAPTER 297, WATER
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 does hereby schedule a Public Hearing for the regular meeting of September 7, 2010 to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 297, Water, 297-11 Payment of water rents to establish a penalty provision that would be cumulative and another penalty should the water arrears be placed on the property taxes.
SCHEDULE A PUBLIC HEARING – CHAPTER 273, TAXICABS AND LIVERIES
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 does hereby schedule a Public Hearing for the regular meeting of September 7, 2010 to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 273, Taxicabs and Liveries to replace the responsibilities of the Mayor in the law with the Village Administrator with the exception of the Mayor’s participation in the Police Committee.
SCHEDULE A PUBLIC HEARING – CHAPTER 225, PEDDLING AND SOLICITING
Trustee Zollo 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 schedule a Public Hearing for the regular meeting of September 7, 2010 to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 225, Peddling and Soliciting to amend Section 225-3 Exceptions, Section 225-5 Application for Certificate, Section 225-6 Revocation of Certificate and Section 225-18. Restrictions within the Code.
SCHEDULE A PUBLIC HEARING – CHAPTER 221, PARKS AND RECREATION AREAS
Trustee McGovern 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 does hereby schedule a Public Hearing for the regular meeting of September 7, 2010 to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 221, Parks and Recreation Areas to clear up inconsistencies pertaining to the hours the parks
are closed to the public.
SCHEDULE A PUBLIC HEARING - CHAPTER 125, DOGS AND OTHER ANIMALS
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 does hereby schedule a Public Hearing for the regular meeting of September 7, 2010 to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 125, Dogs and Other Animals, Section 125-2 Restrictions to eliminate the restrictions prohibiting dogs from certain Village parks.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JULY 19, 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 regular meeting of the Board of Trustees held on July 19, 2010 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 000527 THROUGH NO. 000818
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. 000241 through No. 000526 is hereby ordered paid in the following amounts as amended:
General $ 754,041.93
Water 107,115.39
Capital 55,838.60
Library 17,801.21
Trust & Agency 27,058.78
961,855.91
(Void) Claim No. 000538 - 125.00
Total $ 961,730.91
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 000569, 000570, 000643, 000644, 000674, 000697, 000698, 000776 and 000777 and Trustee Hoyt who abstained from Voucher Numbers 000564 and 000772. Motion carried. 7-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the meeting be adjourned at 8:34 p.m.
Carol A. Booth
Village Clerk
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