Board of Trustees
Village of Tarrytown
Regular Meeting No. 19
November 7, 2011 8:00 p.m.
PRESENT: Deputy Mayor Basher presiding; Trustees Butler, Hoyt, McGee, McGovern and Zollo; Administrator Blau; Treasurer Hart; Village Attorney Shumejda; and Village Clerk Booth
ABSENT: Mayor Fixell
The meeting began with the Pledge to the Flag.
MOMENT OF SILENCE – JOSEPH MCCARTHY
Deputy Mayor Basher requested a moment of silence in memory of Joseph McCarthy, who passed away this past Saturday from a heart attack. Joe was a former Fire Chief, currently was a Deputy Fire Chief and has been a long-time active member with the Tarrytown Fire Department. He will be sorely missed for all he has done for the Village. On behalf of the Mayor and the Board of Trustees, we offer our condolences to his mother Mary, his wife, Barbara, and his sisters, former Trustee Clarice Pollack and Kathy Hardeman.
REPORTS
Deputy Mayor Basher reported that tomorrow is Election Day and the polls will be open from 6 a.m. to 9 p.m. If anyone needs information on where to vote, please contact the Village Clerk.
Trustee Hoyt stated that Saturday, November 13th is our annual Pilgrim’s Run, a four-mile road race which will start and finish at Hackley School beginning at 12 noon. For more information, please contact the Recreation Department at 631-8347.
VILLAGE ADMINISTRATOR’S REPORT
Paving – all of the paving projects in the Village have been completed. One of those projects was the repaving of the McKeel Avenue parking lot. The Village will be converting the lot from separate meters to a meter machine, similar
to what is used in White Plains. The meters will be removed and islands will be created utilizing Village staff as time permits. Once I have a better handle on the timing of the work, I will provide that information to the Board and the
public.
Leaves – there are many leaves still on the trees, even after the snowstorm of October 29. I would like to note to all of the residents that leaves are to be raked to the edge of your property, next to the curb. Leaves are not to be placed
in the street next to the curb. Leaves placed in the street create problems for drainage, create a slipping hazard when they are wet and take up much needed parking spaces.
Nationwide Emergency Alert System – On November 9, at 2:00 pm, the Federal Emergency Management Agency and the Federal Communications Commission will conduct the first annual national-level test of the Emergency Alert System. The nationwide emergency alert system is similar to that used locally and statewide, especially for weather related emergencies, where you hear a sound to alert you to listen to the radio or watch the television to alert you to impending weather. The national Emergency Alert and warning system was established to enable the President to address the American public during emergencies. The test will last 30 seconds. The test will involve broadcast radio and television stations, cable television, satellite radio and television services and wireline video
service providers across all states and the territories of Puerto Rico, the U.S. Virgin Islands and American Samoa. ~On November 9, the public will hear a message indicating that "This is a test."~The audio message will be the same for both radio and television. A national test will help the federal partners and EAS participants determine the reliability of the system and its effectiveness in notifying the public of emergencies and potential dangers nationally and regionally.
PUBLIC HEARING – SENIOR CITIZEN EXEMPTION (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of November, 2011, 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 Article III, Senior Citizen Exemption, §269-7, Criteria for grant of exemption of Chapter 269 entitled "Taxation” 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 Article III, Senior Citizen Exemption, §269-7 Criteria for grant of exemption of Chapter 269 entitled "Taxation” of the Code of the Village of Tarrytown.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The State of New York, on a periodic basis, amends the income levels associated with the property tax exemption granted to senior citizens. The adoption of the legislation granting the property tax exemption as well as amending the local legislation to reflect an increase adopted by the State is at the local option of the Board of Trustees. The Board of Trustees of the Village of Tarrytown has determined that it is desirous of increasing the income levels for the property tax exemption for the qualifying senior citizens in the Village of Tarrytown.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to increase the income levels associated with the Senior Citizen Exemption for Village property taxes included in Code of the Village of Tarrytown to reflect the increase allowable by New York State law.
Material to be deleted appears in [parenthesis], material to be added is in bold typeface.
SECTION 2. Amendment to Article III, Senior Citizen Exemption, §269-7.B. Criteria for grant of exemption of Chapter 269 entitled "Taxation”
The income of the owner or the combined income of all the owners of the property does not exceed the sum of $29,000 [$27,000] for the 12 consecutive months immediately preceding the date of the application for exemption. Where title to the property is vested in either the husband or wife, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest dividends, rental income, salary or earnings and income from self-employment but shall not include gifts or inheritances. In connection with any application for exemption, the applicant shall furnish the Board of Assessors such evidence of the income or combined income as the Board of Assessors may require.
SECTION 3. Amendment to Article III, Senior Citizen Exemption, §269-7.C. Criteria for grant of exemption of Chapter 269 entitled "Taxation”
In the event that the income exceeds $29,000 [$27,000], the following income schedule shall apply:
[Proposed] Income Level Percent of Exemption
$0 to $29,000 [$27,000] 50%
$29,000.01 to $29,999.99 [$27,001 to $28,000] 45%
$30,000.00 to $30,999.99 [$28,001 to $29,000] 40%
$31,000.00 to $31,999.99 [$29,001 to $30,000] 35%
$32,000.00 to $32,899.99 [$30,001 to $30,900] 30%
$32,900.00 to $33,799.99 [$30,901 to $31,800] 25%
$33,800.00 to $34,699.99 [$31,801 to $32,700] 20%
$34,700.00 to $35,599.99 [$32,701 to $33,600] 15%
$35,600.00 to $36,499.99 [$33,601 to $34,500] 10%
$36,500.00 to $37,399.99 [$34,501 to $35,400] 5%
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 McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the hearing be opened.
Deputy Mayor Basher questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee McGovern 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 approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 269, Taxation, Article III, Senior Citizens Exemption, to increase the income levels associated with the Senior Citizen Exemption for Village property taxes to reflect the increase in the maximum amount of income allowable by New York State law.
WHEREAS, a public hearing was held for the proposed action on November 7, 2011; and
WHEREAS, a notice of public hearing was published in the Journal News on October 20, 2011; 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. 11 of 2011.
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
Domenic Cannavo, 15 N. Washington Street, owner of the building at 15 N. Washington Street, stated that he renovated this building and has had trouble finding a tenant and that he finally found a tenant and the Village will not allow
a dog daycare there. He noted that he had requested an interpretation of the Zoning Code from the Zoning Board of Appeals and their interpretation was that a dog daycare was not a permitted use. It seems very unreasonable in this
economy to not allow such a business in town.
Susan Ekaireb, New York City resident, stated that she is representing and part owner of a dog daycare and socialization company called Buddies Barking Lot. We have applied for a lease at 15 North Washington Street and filed for
an interpretation of the zoning law and we were turned down. Ms. Ekaireb stated that she did not receive a written interpretation of the decision or minutes of the ZBA meeting. Attorney Shumejda stated that the applicant asked for
an interpretation of the zoning code. In the state of New York, in all municipalities, the sole determiner of what the zoning code states is the Zoning Board of Appeals. Any applicant that is dissatisfied with the Zoning Board decision
can challenge it in court through an Article 78, but they cannot request an appeal of a ZBA decision from the Board of Trustees.
Eleanor Miscioscia, Storm Street, stated that the Village’s refusal to answer questions won’t afford peace to the Kelly and Ruggiero families. She filed a complaint with the New York States Civil Rights Board against the Village of Tarrytown. She read her complaint letter that she filed with the Attorney General’s Office.
Maureen Kelly Chebetar, Sleepy Hollow resident, thanked Mayor Fixell, Administrator Blau, Trustees Hoyt and McGee for attending the unveiling of John Kelly’s name being put on the County Wall for Fallen Firefighters. She wants the individuals who were involved in John and Anthony’s death to take accountability for their action and make certain that this doesn’t happen again.
Sherrie Miller, 28 Windle Park, offered her condolences to the families of the deceased of the last speaker. She has submitted a letter to Administrator Blau regarding the loud fire horns. It is an antiquated method for notifying firefighters of a fire. She was wondering if there has been any decisions made by the Board on this topic or if the Fire Chief and the Board of Fire Wardens have come up with other solutions. The noise is deafening, it wakes you up and you can’t go back to sleep. Deputy Mayor Basher stated that the Fire Chief and the Board of Fire Wardens are discussing the fire horn situation. Ms. Miller stated that other municipalities have eliminated fire horns, such as Port Chester, Somers, Hyde Park, New Rochelle, Peekskill as well as other fire departments.
With current technology such as radio pagers, cell phones, emails, and internet, why is it necessary to use the fire horn?
Peter Lombardi, 33 Main Street, asked if the Village is currently in hearings with the Department of Labor. Administrator Blau stated that we are not currently in a hearing, but we have a hearing scheduled in December.
Laura Copeland, 70 Fairview Avenue, stated that after the snowstorm from Saturday night until Wednesday afternoon, Fairview Avenue had no power due to a dead tree that fell on wires. Is there a Village procedure when you notice a dead tree that you can report it to the Village to have it looked at. Administrator Blau stated that if it is a Village tree, it should be reported to the Village. If you notice a dangerous or dead tree on private property, you may contact the Village. The Village Attorney was requested to look into what the Village can do as far as forcing people to remove dangerous or dead trees on private property. Once we obtain that information, we will make it available on our website.
Peter Lombardi, 33 Main Street, asked what the hearings are about. Administrator Blau stated that the Village has appealed the willful designation of the violations, but that the Village is not appealing the actual violations.
Domenic Cannavo, stated that he hopes that the Board can work with the Zoning Board to make the dog daycare happen. He believes it will be positive for the Village. Deputy Mayor Basher stated that the Board will review the zoning code and the minutes of the ZBA meeting.
APPOINTMENT OF MEMBER OF THE ETHICS BOARD
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby appoint David Cellante as member of the Ethics Board for a term to expire in April 2014.
INTERMUNICIPAL AGREEMENT - WATER CONSOLIDATION FEASIBILITY STUDY PROJECT
Trustee Hoyt moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute an agreement among the Villages of Tarrytown, Sleepy Hollow and Briarcliff Manor to implement a Local Government Efficiency grant to study the possibility of consolidating the water departments of the three Villages.
LANDSCAPE ARCHITECTURAL SERVICE AGREEMENT
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute an agreement with Hudson and Pacific Designs to provide consulting services for the
development of the Tarrytown Lakes Trail Construction Project, subject to the inclusion of modifications to the agreement requested by the Board of Trustees.
RESOLUTION DESIGNATING OFFICES TO BE FILLED AND TERMS AT THE MARCH 20, 2012 VILLAGE ELECTION
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 6-0
WHEREAS, the next general Village election for officers will be held on Tuesday, March 20, 2012; and
WHEREAS, the Board of Trustees shall designate by resolution as well as have published the offices which are to be filled at the Village election and the terms thereof.
NOW, THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby designates the following offices as vacant at the end of the current official year to be filled at the Village Election on Tuesday, March 20, 2012, for the following terms:
Trustees (3) Two-year term each
BE IT FURTHER RESOLVED that the Village Clerk is hereby directed to publish this information in the official newspaper of the Village.
STIPULATION OF SETTLEMENT
Trustee Butler moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute a Stipulation of Settlement with Scott and Melissa Weaver.
SURPLUS VEHICLE
Trustee McGovern moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby declare as surplus the Fire Department 2000 Ford Expedition Fire Chiefs vehicle.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 19, 2011
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the minutes of the regular meeting of the Board of Trustees held on September 19, 2011 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON OCTOBER 3, 2011
Trustee Zollo moved, seconded by Trustee McGee, that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustee McGovern who abstained. Approved: 5-0-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the minutes of the regular meeting of the Board of Trustees held on October 3, 2011 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON OCTOBER 17, 2011
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the minutes of the regular meeting of the Board of Trustees held on October 17, 2011 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 1527 THROUGH NO. 1739
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 1527 through No. 1739 is hereby ordered paid in the following amounts:
General $ 511,017.77
Water 93,759.69
Capital 185,462.97
Library 6,881.92
Trust & Agency 3,905.89
Total $ 801,028.24
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 1573, 1677,1560, 1686, 1687, and 1688 and Trustee Hoyt who abstained from Voucher Number 1668. Motion carried. 6-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried that the meeting be adjourned at 8:46 p.m.
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