Board of Trustees
Village of Tarrytown
Regular Meeting No. 23
December 6, 2010 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern and Zollo; Administrator Blau; Village Treasurer Hart; Village Attorney Shumejda; Village Clerk Booth
The meeting began with the Pledge to the Flag.
REPORTS
Trustee McGovern stated that there was a lovely event that was held this past Wednesday for the Tarrytown Senior Citizens sponsored by John Stiloski and Build-a-Gut Restaurant. John served lunch to all the Tarrytown Senior Citizens in honor of his grandmother, Ann Bellantoni.
Trustee Hoyt thanked everyone for coming out to the Tree Lighting Ceremony this past Saturday. He also thanked the Recreation Department and the Parks and Recreation Council.
Trustee Butler stated the following:
- TEAC (Tarrytown Environmental Advisory Council) is planning a series of house parties to promote saving energy and money.
- Students from Education First (EF School) are adopting the Tarrytown Lakes as part of their community service to help clean the area around the Tarrytown Lakes on a regular basis.
VILLAGE ADMINISTRATOR’S REPORT
Safety Review – the Village has received the time line requested of Pro Safety for the various safety programs and evaluation included in the Request for Proposals. The time line is:
- Draft Confined Space Plan completed on December 1, 2010
- Get comments/complete revisions December 14, 2010
- Schedule and complete training sessions – January 15,2011
- Review of existing safety programs to be completed by January 15,2011
- Survey village for hazards and needed programs and write report completed by January 15,2011
Bucket Truck Arm - at the last meeting, during the public comment portion of the meeting, a question was posed regarding the possibility of mounting the bucket truck arm on the existing truck onto the new cab and chassis purchased by the Village per the approved Capital Budget. The bucket truck arm is 20 years old and has been repaired on a number of occasions. The arm was tested and prior to being put back into service, but at this point it is necessary to replace the arm.
Traffic Counters – many people have questioned who installed the traffic~counters throughout the Village. The traffic counters were installed by a contractor working for the New York State Department of Transportation and they are taking routine counts for roadways that are considered “feeder roads” to state roads.~ There is no specific project associated with the traffic counts. The traffic count information will be shared with the Village which will save us time, money and duplication of effort.~ The counters were picked-up last Friday.
Local Government Efficiency Grant, Recreation and Parks – The draft final report was reviewed by the committee regarding the consolidation concepts among the Villages of Tarrytown and Sleepy Hollow and the Tarrytowns School District for parks, recreation and facilities. It was determined that the next step in the process will be a joint Work Session of the elected bodies of the two Villages and the school district. That meeting is planned for some time in January.
Greenburgh All-Hazards Mitigation Program – As I had noted in a previous report, the Village, along with the other 5 villages in Greenburgh are participating with the Town on the development of a town-wide hazard mitigation program. As part of the program, there is a public survey with the link posted on the Village’s website. If you are interested in the program, the Village urges your completing the survey.
Financial Helpline – Westchester County and the United Way are teaming up to offer a financial helpline on December 14 and 15. The helpline will be operating from 4-8 pm and anyone interested in the using the helpline need to dial 2-1-1 during those hours on the 14th and 15th. The helpline will put callers in touch with experts who can give free and reliable advice on many financial topics.
PUBLIC HEARING – CHAPTER 258, STORM WATER MANAGEMENT (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 6th day of December, 2010, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendments to Chapter 258 entitled “Stormwater Management” 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 §258-7 Definitions and § 258-8 Stormwater pollution prevention plan of Article I, Stormwater Management and Erosion and Sediment Control of Chapter 258 entitled "Stormwater Management” of the Code of the Village of Tarrytown.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Village of Tarrytown is the recipient of a grant from Westchester County to address flooding issues in the Loh Park area of the Village. The Westchester County Flood Action Task Force has established flood mitigation standards which are recommended for all Westchester County municipalities. These flood mitigation standards are required of every municipality that is the recipient of flood mitigation grant funds.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend the language of §258 entitled "Stormwater Management” of the Code of the Village of Tarrytown by establishing new development and planning standards for mitigating flooding and flood damage that are recommended for inclusion in the code of all municipalities in Westchester County.
Material to be deleted appears in parenthesis ( ), material to be added is in bold typeface.
SECTION 2. Amendment to §~258-7 Definitions of Chapter 258 entitled “Stormwater Management” of the Code of the Village of Tarrytown.
LAND DEVELOPMENT ACTIVITY - Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 5,000 square feet (one acre), or activities disturbing less than 5,000 square feet (one acre) of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules, or activities that result in the creation of impervious (non-permeable) cover equal to or greater than 1,000 square feet, whether those activities occur in association with new development, a modification or expansion of existing development, or redevelopment of a previously developed site.
SECTION 3. Amendment to §~258-8 Stormwater pollution prevention plans of Chapter 258 entitled “Stormwater Management” of the Code of the Village of Tarrytown.
B. Contents of stormwater pollution prevention plans.
(2) Land development activities as defined in §~258-7 of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in §~258-8B(3) below and described in the New York State Stormwater Management Design Manual or any subsequent version and the New York State Standards for Erosion and Sediment Control (2005) or any subsequent version,
including those capable of mitigating the water quantity impacts from the twenty-five (25) year storm event in Westchester County, New York, as applicable:
(b) Condition B: stormwater runoff from land development activities disturbing five thousand (5,000) square feet or more of land or creating impervious (non-permeable) cover equal to or greater than one thousand (1,000) square feet during the course of the project (five or more acres).
(h) Maintenance easements, if applicable, to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.
SECTION 4. 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 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 Basher moved, seconded by Trustee Hoyt, and unanimously carried, that the hearing be closed.
Trustee Zollo moved, seconded by Trustee Basher, 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 258, Storm Water Management to strengthen existing policy and implement new municipal policy relating to storm water runoff and management, to lessen the damage and risk caused by flooding and to minimize the deterioration of water quality and ecological integrity of the Village’s and County’s water resources.
WHEREAS, a public hearing was held for the proposed action on December 6, 2010; and
WHEREAS, a notice of public hearing was published in the Journal News on November 19, 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.18 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
Sean Scogna, 99 MacArthur Lane, stated on behalf of Consolidated Fire Engine and the Kelly and Ruggiero family, he thanked everyone for all their support for a very successful Spaghetti Dinner fundraiser that was held November
14th at the Double Tree Hotel for the benefit of the Anthony Ruggiero and John Kelly children’s education fund. Approximately, 1,200 people attended and $38,736 was raised. This would not have been a success without the Double
Tree Hotel and Rich Friedman. He also wanted to thank all the Tarrytown residents and the businesses in Tarrytown and the around the Village. Special thanks to Mitch Birrittella, Mike Reynolds and Tommy Chan for their financial
support. Special thanks for help with the silent auction to Donna Puff, Rob and Vickie Oceans, Margaret Black, Ginny Gheen, Clarice Pollack, Heather Scogna, Katrina Chulla, Cassie Wu, Greg Benuscak. Also thanks to the Tarrytown
Fire Department and the Fire Chiefs for all their support. A special thank you to his wife, Debbie, who spear headed the gifts for the silent auction. Trustee Zollo stated that Sean Scogna was the point person who organized the event
and thanked him for a successful turnout.
APPOINTMENT OF AUTOMOTIVE MECHANIC HELPER
Trustee Basher 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 appoints Jason Mauguin to the full-time position of Automotive Mechanic Helper, Step 6, retro- active to September 13, 2010 at an annual salary of
$58,490.00 subject to all Civil Service rules and regulations.
RESOLUTION – FIRE DEPARTMENT MEMBERSHIP CHANGES
Trustee Hoyt 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 membership changes recommended at the November 16, 2010 Board of Fire Wardens meeting: Membership:
Stefan Wilgermein was approved for active membership in Washington Engine Company. Steven Thomas was dropped from active membership from Consolidated Engine Company.
APPOINTMENT TO THE ARCHITECTURAL REVIEW BOARD
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 appoints Patricia Pinckney to fill the unexpired term of Louise Lambert as member of the Architectural Review Board to April of 2011.
APPOINTMENT TO THE ARCHITECTURAL REVIEW BOARD
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 appoints Jane Greenwood to fill the unexpired term of Patricia Pinckney as alternate member of the Architectural Review Board to October 31, 2012.
APPROVAL TAX CERTIORARI – TARRYTOWN PROFESSIONAL CENTER, 200 S. BROADWAY
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 approves the tax certiorari settlement with the Tarrytown Professional Center, 200 S. Broadway as outlined in the Village Attorney’s memorandum dated November 9, 2010.
APPROVAL TAX CERTIORARI – AMERICAN INDEPENDENT PAPER
Trustee Hoyt 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 tax certiorari settlement with American Independent Paper, 29 S. Depot Plaza as outlined in the Village Attorney’s memorandum dated November 11, 2010.
APPROVAL TAX CERTIORARI – MORGAN ASSOCIATES, LLC (D/B/A MAVIS TIRE SUPPLY)
Trustee Butler 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 tax certiorari settlement with Morgan Associates, LLC (d/b/a Mavis Tire Supply), 400 S. Broadway as outlined in the Village Attorney’s memorandum dated November 11, 2010.
APPROVAL TAX CERTIORARI – COUNTY HOMES LLC, TAPPAN HILL RESTAURANT
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 approves the tax certiorari settlement with County Homes LLC, Tappan Hill Restaurant, 81 Highland Avenue as outlined in the Village Attorney’s memorandum dated November 16, 2010.
SCHEDULE A PUBLIC HEARING – FILMING, CHAPTER 157
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 December 20, 2010 to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 157, Filming to address the concerns regarding the current manner in which filming is addressed while maintaining filming in the Village and to provide staff additional tools to manage filming in the Village.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON NOVEMBER 15, 2010
Trustee McGovern moved, seconded by Trustee Zollo, that the following be approved. Motion carried, all voting “aye” with the exception of Mayor Fixell and Trustee Butler who abstained. Approved: 5-0-2
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 November 15, 2010 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON NOVEMBER 22, 2010
Trustee Basher moved, seconded by Trustee Zollo, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee Butler who abstained. Approved: 6-0-1
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 November 22, 2010 as submitted by the Village Administrator.
APPROVAL OF AUDITED VOUCHERS NO. 001780 THROUGH NO. 002004
Trustee Zollo moved, seconded by Trustee McGovern, 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. 001780 through No. 002004 is hereby ordered paid in the following amounts as amended:
General $ 1,583,888.53
Water 15,917.46
Capital 128,640.38
Library 10,588.17
Trust & Agency 6,680.78_
Total $ 1,745,715.32
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 001814, 001884, 001885 and 002003 and Trustee Hoyt who abstained from Voucher Number 001847. Motion carried. 7-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried, that the meeting be adjourned at 8:22 p.m.
Carol A. Booth
Village Clerk
| 
