Board of Trustees
Village of Tarrytown
Regular Meeting No. 26
January 17, 2012 8:00 p.m.
PRESENT: Deputy Mayor Basher presiding; Trustees, Hoyt, McGee and McGovern; Administrator Blau; Treasurer Hart; Village Attorney Shumejda; and Village Clerk Booth
ABSENT: Mayor Fixell; Trustees Butler and Zollo
The meeting began with the Pledge to the Flag.
VILLAGE ADMINISTRATOR’S REPORT
- Calibration of Gas Meters – At the last meeting, a question was posed as to the calibration of the gas meters and whether the meters were within tolerance. The information provided by AAA Emergency Supply Co., which is the company the Village hired to perform the calibration only states that the gas meters have been calibrated and the date of the calibration. It does not provide any information as to whether the calibration was not accurate at the time the gas meters were being calibrated. The Village has requested this information and I was informed that the older style meters (2-5 years) require a different cable called a Mull cable as opposed to a USB port connection to print out the status of the meter prior to the calibration. AAA has ordered the Mull cable and
hopefully when it comes in they will be able to provide us that information from the history on the calibration machine. However, they do not know if they will be able to retrieve the information or not. The AAA representative did inform me that if the meter was out of tolerance, it would beep and a red light would flash.
- New Parking Lot on South Washington Street – some people may be wondering why it appears that the new lot is completed and the Village has not opened the lot. The lot is not quite complete. The lights have not been installed and until they are installed, the Village cannot open the parking lot. We anticipate delivery within the next 2 weeks.
PUBLIC HEARING – STORMWATER DISCHARGE PROHIBITIONS (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 17th day of January, 2012, 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 §258-17 Discharge Prohibitions of Article II, Prohibition of Illicit Discharges and Connections to Separate Storm Sewer Systems 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. The Board of Trustees amended Chapter 258 (Local Law #18 of 2010 adopted on December 6, 2010), to adopt the flood mitigation standards and forwarded the amendments to Westchester County. Westchester County thereafter requested action by the Village to attend to one additional item relating to floodplains and this amendment is intended to address that item.
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 a new requirement to assure that 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 §~258-17 Discharge Prohibitions of Chapter 258 entitled “Stormwater Management” of the Code of the Village of Tarrytown.
C. Prohibition on net decrease of stormwater in an existing floodplain.
No project shall be approved, absent other counterbalancing actions, which results in a net decrease in the volume of stormwater storage in an existing floodplain.
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.
Deputy Mayor Basher questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Hoyt moved, seconded by Trustee McGovern, 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: 4-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 258, Stormwater Management, by establishing a new requirement to prohibit a net decrease of
stormwater in existing floodplains.
WHEREAS, a public hearing was held for the proposed action on January 17, 2012; and
WHEREAS, a notice of public hearing was published in the Journal News on January 8, 2012; 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 2012.
PRESENTATION BY ALAN KASSAY FROM O’CONNOR, DAVIES, MUNNS AND DOBBINS, LLP REGARDING THE VILLAGE’S FINANCIAL AUDIT FOR FISCAL YEAR 2010-2011
Alan Kassay, representative from O’Connor, Davies, Munns and Dobbins LLC, stated that in their opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the
governmental activities , each major fund and the aggregate remaining fund information of the Village as of May 31, 2011 and the respective changes in financial position and the respective budgetary comparison for the General and
Water funds for the year then ended in conformity with accounting principles generally accepted in the United States of America. This is an unqualified opinion which is the best opinion that a municipality can receive. Mr. Kassay
noted that the Village was in good financial condition.
Larry Feldman, Audit Manager for the Village’s audit went over some highlights of the General Fund’s revenues and expenditures.
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 what the total Village debt is. Deputy Mayor Basher stated that someone will get back to her with an answer. Ms. Semararo stated that it would have been helpful if the public could have
had a copy of the auditor’s report to follow along as well.
Eleanor Miscioscia, 36 Storm Street, stated that the street light on her block is out again and would like to get it repaired as soon as possible. Ms. Miscioscia asked if private contractors doing work in the Village are to follow our
confined space policy. Administrator Blau stated that contractors working for the Village would be responsible to follow their own confined space policy.
Steve Wilgermein, 330 S. Broadway, stated that it was asked at the last meeting, if our confined space program is fixable. It is fixable, but not everything has a quick fix. It will take time and require a learning curve. Training must be
given until it becomes instinctive. He doesn’t believe there is a problem with the confined space permit that was discussed at the previous meeting. One of the issues on the permit is that they should have recorded the gas meter
readings in intervals. He stated that a harness is to be worn by all the members at the confined space site and showed the Board what such a harness looks like on a person when worn.
PROFESSIONAL SERVICES AGREEMENT
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 4-0
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 William Gallo for the purpose of providing building inspection services
at Hudson Harbor to be fully reimbursed by Hudson Harbor.
BE IT FURTHER RESOLVED that the Village Treasurer will keep a separate ledger for all transactions.
GREENBURGH DRUG AND ALCOHOL TASK FORCE LEASE AGREEMENT
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 4-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute a one-year lease agreement with the Greenburgh Drug and Alcohol Task Force for the
rental of a portion of the former Police Headquarters building, subject to conditions included in the lease agreement.
RESOLUTION – DECLARING THE DATE, POLLING HOURS, DESIGNATED POLLING PLACES AND THE PAY FOR ELECTION INSPECTORS WITH RESPECT TO THE VILLAGE ELECTION TO BE HELD ON MARCH 20, 2012
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved: Approved: 4-0
BE IT RESOLVED, that the Village Election shall be held on Tuesday, March 20, 2012, between the hours of 7 a.m. and 9 p.m.
The following Polling Places have been designated:
District No. 1 - Riverside Hose Firehouse, White and Franklin Streets
District No. 2 - Phenix Hose Firehouse, Mechanics and Central Avenues
District No. 3 - Main Street Firehouse, 50 Main Street
District No. 4 - First Baptist Church, 56 South Broadway
District No. 5 - Temple Beth Abraham, 25 Leroy Avenue
District No. 6 - Village Hall, One Depot Plaza
District No. 7 - Consolidated Engine Firehouse, 177 Sheldon Avenue
District No. 55 - Washington Engine Firehouse, 157 White Plains Road
District No. 74 - Village Hall, One Depot Plaza
District No. 76 - Consolidated Engine Firehouse, 177 Sheldon Avenue
District No. 82 - Washington Engine Firehouse, 157 White Plains Road
BE IT FURTHER RESOLVED, that the pay for Election Inspectors shall be $200.00 for Election Day. The Chairman in each district shall be paid an additional $25.00 on Election Day. The hours for which the Election Inspectors shall be
paid on Election Day shall be from 6:30 a.m. to 9:30 p.m. for a total of fifteen hours.
BE IT FURTHER RESOLVED, that Election Inspectors be appointed to serve on Election Day, Tuesday, March 20, 2012, in accordance with Section 15-116(1) of the Election Law.
BE IT FURTHER RESOLVED, that all persons appearing on the permanent Voter Registration List provided by the Westchester County Board of Elections shall be eligible to vote. Pursuant to Section 15-118(3) of the Election Law, the
Village no longer conducts a local Village registration day;
BE IT FURTHER RESOLVED, that the Village offices to be filled on Election Day, Tuesday, March 20, 2012, and the terms of those offices are as follows:
Trustees (3 seats) Two-year term
BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a Special Meeting on Tuesday, March 20, 2012 at 10:00 p.m. at the Tarrytown Village Hall to canvass the vote of the 2012 Village Election.
BE IT FURTHER RESOLVED, that the Board of Trustees request all Election Inspectors vote in their respective, personal designated voting districts and not by absentee vote.
RESOLUTION – FIRE DEPARTMENT MEMBERSHIP CHANGES
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 4-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the following Fire Department membership changes recommended at the December 20, 2011 Board of Fire Wardens meeting: Membership: Greg Wilson has resigned as an active member from Riverside Hose Company.
OVERTIME PARKING METER VIOLATIONS
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved: Approved: 4-0
BE IT RESOLVED that the payment of on-street meter parking violations, for such violations in the downtown commercial district, shall be one-half of the fine if paid by 4:00 p.m. the next business day of receipt of the violation; and
BE IT FURTHER RESOLVED that the downtown commercial district shall be comprised of on-street parking meters in the following locations.
- Broadway, between Wildey Street and Elizabeth Street
- Main Street, between Broadway and Baylis Court/Windle Park
- Neperan Road, between Broadway and Archer Place
- Central Avenue, between Broadway and Kaldenberg
- Washington Street, between Central Avenue and West Elizabeth Street
- Meters on John Street
- Meters on Hamilton Place
BE IT FURTHER RESOLVED that there are no fine reductions for violation of two-hour limit parking restrictions.
POLICY STATEMENT – VILLAGE-OWNED VEHICLES
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved: Approved: 4-0
BE IT RESOLVED that the Board of Trustees does hereby establish a Village policy for Village-owned vehicles; and
BE IT FURTHER RESOLVED that the policy shall be made a part of the minutes of this Board of Trustee meeting.
WHEREAS, the Village of Tarrytown provides Village staff with vehicles for operational purposes to increase the efficiency and effectiveness of staff; and
WHEREAS, the Board of Trustees believes that it is necessary to establish a policy for the use of Village vehicles to facilitate the official work of the Village of Tarrytown
NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby establish the following policy relating to Village-owned automobiles.
Use of Village-owned vehicles
Employees of the Village of Tarrytown who use a Village-owned vehicle shall conform to the following policy:
1. Village-owned vehicles shall be operated by authorized employees only in a safe manner in conformance with all applicable laws and regulations.
2. Use of all vehicles owned by the Village of Tarrytown shall be shared by employees and departments as necessary to maximize the effectiveness of Village operations.
3. Employees holding the following positions must utilize a vehicle for Village-related business use:
- Village Administrator
- Police Chief
- Village Engineer/Building Inspector
4. All employees, other than the employees noted in paragraph 3 hereinabove, authorized to utilize a Village-owned vehicle must, during Village business hours (7:00 a.m. to 4:30 p.m.), utilize Village-owned vehicles to conduct their duties and responsibilities on behalf of the Village of Tarrytown. No individual is permitted to utilize a private vehicle in the conduct of their official duties on behalf of the Village of Tarrytown during Village business hours.
5. Limited personal use shall be defined as travel within fifty (50) miles of Tarrytown unless stated by separate agreement or authorized in advance in writing by the Village Board of Trustees. Employees may only use a Village vehicle for limited personal use provided prior permission is granted by the Board of Trustees. Employees may only take a Village vehicle home after Village business hours provided prior permission is granted by the Board of Trustees. Permission for an employee to take a Village vehicle home for a limited period (one to three days) due to special circumstances (i.e. upcoming storm event, travel to a meeting, seminar or conference) may be granted by the Village Administrator. Village vehicles shall not be utilized as the primary car for the employee’s family,
and only the Village employee is authorized to operate the vehicle.
6. During periods of extended leave (5 days or more); persons authorized to use vehicles shall leave the vehicle at a Village facility so that it is available for use.
7. Persons authorized to use Village vehicles for any personal use shall maintain records as may be required by the Village Treasurer.
8. Any exceptions to this policy must be authorized in advance and in writing by the Village Board of Trustees.
SETTLEMENT AGREEMENT
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved: Approved: 4-0
BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute a Settlement Agreement with David James Chillemi.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JANUARY 3, 2012
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the approval of the minutes be tabled: Approved: 4-0
APPROVAL OF THE MINUTES OF THE SPECIAL JOINT MEETING OF THE BOARD OF TRUSTEES AND THE PLANNING BOARD HELD ON JANUARY 3, 2012
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the approval of the minutes be tabled: Approved: 4-0
APPROVAL OF AUDITED VOUCHERS
Trustee McGee moved, seconded by Trustee Hoyt, and unanimously carried, that the following resolution be approved: Approved: 4-0
BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers included in Abstract No. 13 and hereby orders the Audited Vouchers to be paid in the following amounts:
General $ 100,398.38
Water 6,067.66
Capital 153,788.62
Library 3,275.55
Trust & Agency 1,220.10
Total $ 264,750.31
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 2012234523, 2012234560, 2012234629, and 2012234641. Motion carried. 4-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried that the meeting be adjourned at 8:35 p.m.
Carol A. Booth
Village Clerk
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