Board of Trustees
Village of Tarrytown
Regular Meeting No. 27
February 6, 2012 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees, Basher, Butler, Hoyt, McGee, McGovern and Zollo; Administrator Blau; Treasurer Hart; Village Attorney Shumejda; and Village Clerk Booth
The meeting began with the Pledge to the Flag.
REPORTS
Mayor Fixell stated that the Public Hearing on the Draft Environmental Impact Statement for the Tappan Zee Bridge Hudson River Crossing Project is scheduled at the Westchester Marriott Hotel on March 1st from 4 to 9 p.m. For more information, you can contact tzbsite@dot.state.ny.us. He encouraged residents to participate. We will put the information on our website and scroll.
Trustee McGovern stated that tomorrow the Tarrytown Senior Center is having a Membership Drive for any senior citizens in the Village who would like to join.
Trustee McGee stated that the Warner Library is holding Job Seminars this month. It will take place over 4 seminars and will be held on Wednesdays. For more information, please contact the Warner Library.
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, spoke about the calibration of the Village’s air monitors and stated that when you calibrate anything, you have a known standard. You use that known standard to test the instrument, see what the reading is and record it. It has to be within a certain tolerance. The documentation that goes with this is also standard. It should include what were the standards used for calibration, the method used; the standards should be traceable to the national standard and the actual results of the test. The calibration documents from AAA, who calibrated our gas meters, did not include any of the data that is considered standard in calibration. She believes this is a serious issue that needs to be looked into. Trustee Hoyt stated that our gas meters are
calibrated on site at the Public Works Department. He stated that he, Administrator Blau and Engineer McGarvey spoke to AAA and they said that if the meters were not in tolerance, the meters would not only beep, they would also not operate. Trustee Hoyt asked Administrator Blau to follow up on how the Village can get the actual readings from AAA’s calibration machine.
Eleanor Miscioscia, 36 Storm Street, stated the following:
- Thanked Mr. Blau for looking into the street light issue on Storm Street.
- If the Board did not have a quorum to approve the January 17, 2012 minutes, than the Board should not have had a quorum to approve the vouchers that Trustee McGee abstained from approving at the same meeting.
Administrator Blau stated that the vouchers that Trustee McGee abstained from will have to be approved at the next board meeting.
John Chebetar, Sleepy Hollow resident, asked the following:
- If there has been any progress on correcting possible errors with the completion of the confined space permits that was brought up by Mr. Stiloski. Administrator Blau stated that the confined space permit was being amended and currently in draft form. The draft permit was sent off to a few people to review and he should have their response in two weeks.
- What were the results from the recent DPW inspection by PESH? Administrator Blau stated that the results were that we had oxygen tanks stored in the mechanics area and they asked us to move the tanks to a secured, fenced in area outside the mechanics area. Other than that, there were no issues found during the PESH inspection.
Christine Miscioscia, 36 Storm Street, asked for the time and place of the public hearing for the Tappan Zee Bridge. Mayor Fixell stated that it was on March 1st at the Marriott Hotel from 4-9 p.m.
RESOLUTION SETTING THE DATE FOR PROPERTY TAX GRIEVANCE DAY
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 schedule Property Tax Grievance Day for Tuesday, February 21, 2012, between the hours of 4:00 p.m. and 8:00 p.m. at Tarrytown Village Hall.
APPOINTMENT OF ASSISTANT AUTOMOTIVE MECHANIC
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 appoint Jason Mauguin to the full-time position of Assistant Automotive Mechanic, Step 5, retro-active to December 12, 2011 at an annual salary of $64,065 subject to all Civil Service rules and regulations.
RESOLUTION – FIRE DEPARTMENT MEMBERSHIP CHANGES
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 approves the following Fire Department membership change recommended at the January 17, 2012 Board of Fire Wardens meeting: Driver: Patsy Miscioscia has been reinstated as driver for Conqueror Hook and Ladder Company.
2012 VILLAGE ELECTION – APPOINTMENT OF ELECTION INSPECTORS
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby appoint the following Election Inspectors to sit on Election Day, Tuesday, March 20, 2012:
District #1: Frankye Lee, Betty Watson, Marie Coviello, Ann Matthews
District #2: Robin Warner, Tina Whitely, Angela Perez, Ray Artus
District #3: David Aukland, Irene Cassell, Helen Meehan, Harriet Bettman
District #4: Gail Evans, Diane Pratt, Jeanne Arduino, Nancy Quinn
District #5: Mary Gorman, Rosella Cory, Rose Arduino, Max Perada
District #6 & 74: Aranka Goldin, Richard Staff, Joan Wald, Elaine Kosloff
District #7 & 76: Lou Agro, Elizabeth Hynes, Blanca Umbierre
District #55 & 82: Barbara Osgood, Roberta Steinberg, Mary Byrnes, Margaret Bartos
HOME RULE REQUEST – HOTEL OCCUPANCY TAX
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, the Board of Trustees adopted a resolution on February 1, 2010 supporting the concept of the adoption of state legislation to impose a room “occupancy tax” on persons occupying any hotel or motel for hire in the
Village; and
WHEREAS, the February 1, 2010 resolution supported such a room “occupancy tax” in all Villages in the Town of Greenburgh as well as the unincorporated portion of the Town of Greenburgh; and
WHEREAS, Assemblyperson Abinanti has sponsored legislation to permit, at local option, the imposition of a room “occupancy tax” for hotels and motels in the Town of Greenburgh, the six Villages in the Town and the Village of
Sleepy Hollow; and
WHEREAS, since the Village does not have the authority to enact such legislation by local law, the Village must request that the State act on the matter through the adoption of a Home Rule Request; and
WHEREAS, the Home Rule Request states in the portion of the document marked “Explanation” the following:
During these difficult economic times, municipalities need additional non-property tax sources of revenue to fund basic services to keep their communities safe and properly serviced. This legislation will assist the Town of Greenburgh and its Villages and the Village of Sleepy Hollow in the Town of Mount Pleasant to fund necessary services. After discussions with the hospitality industry the bill has been revised to require that the municipality levying the tax set aside one-sixth of the taxes collected to promote economic development and tourism within the respective municipality. This revenue will help promote economic development and tourism.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby adopt a Home Rule Request asking the state legislature to adopt Assembly Bill No. 8804 entitled “An Act to amend the tax law, in relation to authorizing the Town of Greenburgh to adopt a local law to impose a hotel/motel occupancy tax for hotels not located in a Village; authorizing specified Villages in the Towns of Greenburgh and Mount Pleasant to adopt local laws to impose a hotel/motel occupancy tax in such Villages.
EXTENSION SNOW AND ICE AGREEMENT WITH STATE OF NEW YORK
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 authorize and direct the Village Administrator to execute an Agreement for the Extension Snow and Ice Agreement with the State of New York for the period from July 1, 2012 through June 30, 2013 for reimbursement for the Village’s snow plowing of Route 9/Broadway.
INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY - SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT
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 authorize and direct the Village Administrator to execute an Agreement for a Selective Traffic Enforcement Program Grant with the County of Westchester for reimbursement of up to $2,680 in overtime costs associated with special patrols; and
BE IT FURTHER RESOLVED that the agreement is for the period of five years extending from October 1, 2011 through September 30, 2016, with the amount to be reimbursed to the Village of Tarrytown to change annually based upon the funding levels provided from the New York State Governor’s Traffic Safety Committee.
INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY – SUMMER DAY CAMP
Trustee McGovern 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 does hereby authorize and direct the Village Administrator to execute an agreement between Westchester County and the Village of Tarrytown to provide funding for the 2011 Tarrytown/Sleepy Hollow Summer Day Camp program.
PROPOSAL FOR LANDSCAPE ARCHITECTURE DESIGN SERVICES
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 authorize and direct the Village Administrator to execute an agreement with Munz Associates Architecture and Landscape Architecture, PLLC to provide landscape architectural design services for the Village on an on-going, as-need basis subject to review and approval of an agreement acceptable to the Village Attorney and Village Administrator.
RECORDS MANAGEMENT GRANT
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, the Town of Greenburgh and the Village of Tarrytown, have agreed to work together in obtaining a shared services grant from the “The New York State Department of State - 2011-2012 Local Government Efficiency
Grant Program,” allowing more complete and accessible parcel data than currently available; and
WHEREAS, the Town would like to see this data available to anyone with internet access by utilizing the Town of Greenburgh’s GIS web site and current assessment software; and
WHEREAS, this data will include digital surveys, original subdivision info, zoning data, official tax maps, and Village structures transformed into digital sketches; and
WHEREAS, the original information will be compiled from Village and Town data sources and subsequently stored and maintained digitally on the Town of Greenburgh’s internet server; and
WHEREAS, this data will also be used to determine unregistered improvements by digitally comparing multiple data sets gathered from this project, creating possible assessment revenue for
the Town and Village; and
WHEREAS, also requested in this grant will be the ability to obtain a computer for each Village to be used as a kiosk allowing individuals to easily obtain this new digital data in an easy to use form;
and
WHEREAS, this grant will not interfere or jeopardize any other grant applications the Village may have with other grant organizations.
NOW THEREFORE BE IT RESOLVED that the Village Board of the Village of Tarrytown supports the application, understands the purpose of the proposed project, and authorizes the submission of the grant application and also
authorizes the Town of Greenburgh Grant’s Coordinator, Winsome Gordon, to handle the administrative details and assign related internal coordination in order to implement this grant.
SETTLEMENT AGREEMENT
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Village Administrator is hereby authorized and directed to execute a Settlement Agreement with Debra Washington.
PARKING CHANGE – SOUTH BROADWAY, WEST ELIZABETH STREET
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 approve parking changes on West Elizabeth Street as follows:
Material to be deleted is set forth in parenthesis ( ) or will be bracketed [ ] where parenthesis exist as part of the code. New material is set forth in capital letters.
§291-80. Schedule XV: Parking Prohibited Certain Hours
In accordance with the provisions of §291-19, no person shall park a vehicle between the hours listed upon any of the following described streets or parts of streets:
Name of Street Side Hours/Days Location
Elizabeth Street, South Any time except (Entire length)
West 8:00 a.m. to FROM A POINT 80 FEET
12:00 noon/ WEST OF BROADWAY TO
Tuesday and SOUTH WASHINGTON STREET
Friday
ELIZABETH STREET, NORTH 8:30 A.M. TO FROM BROADWAY
WEST 4:00 P.M. BROADWAY FOR A DISTANCE
MONDAY OF 75 FEET IN A WESTERLY
THROUGH DIRECTION
FRIDAY
ELIZABETH STREET, SOUTH ANY TIME FROM BROADWAY FOR A
WEST EXCEPT DISTANCE OF 80 FEET IN A
8:30 A.M. TO WESTERLY DIRECTION
4:00 P.M.
MONDAY
THROUGH
FRIDAY WITH A
15 MINUTE LIMIT
§291-82. Schedule XVII: Time Limit Parking
In accordance with the provisions of §291-21, no person shall park a vehicle for longer than the time limit shown upon any of the following described streets or parts of streets:
Name of Street Side Time Limit; Hours/Days Location
Broadway West 15 mins.: 8:30 a.m. to From Elizabeth Street
South 4:00 p.m./Monday through [ to Franklin Street
Friday (from second (exception: the first
Monday in September to metered handicapped
June 15) space north of Franklin
Street) ] SOUTHERLY FOR
A DISTANCE OF 100 FEET
§291-77. Schedule XII: Parking Prohibited at All Times
In accordance with the provisions of §291-16, no person shall park a vehicle at any time upon
any of the following described streets or parts of streets:
Name of Street Side Location
(Elizabeth Street (South) (From Broadway westerly for 80 feet)
West)
TAX CERTIORARIS
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 settlement of the tax certiorari case with Reckson/GEJ Tarrytown LLC, for property located at 120 White Plains Road, as outlined in the Village Attorney’s memorandum dated January 20, 2012; and
BE IT FURTHER RESOLVED that the Board of Trustees may fund this tax certiorari from a future financing resolution.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JANUARY 17, 2012
Trustee Basher moved, seconded by Trustee McGovern, that the following resolution be approved. Motion carried, all voting “aye” with the exception of Mayor Fixell, Trustees Butler and Zollo who abstained. Approved: 4-0-3
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 January 17, 2012 as submitted by the Village Clerk.
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, that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustee Basher who abstained. Approved: 6-0-1
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 January 3, 2012 as submitted by the Village Clerk.
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, that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustee Basher who abstained. Approved: 6-0-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the minutes of the special joint meeting of the Board of Trustees and the Planning Board held on January 3, 2012 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS
Trustee McGovern 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 included in Abstract No. 14 and hereby orders the Audited Vouchers to be paid in the following amounts:
General $ 484,612.95
Water 28,084.67
Capital 170,797.74
Library 9,560.43
Trust & Agency 9,161.07
Total $ 702,216.86
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 2012234742, 2012234776, 2012234855 and 2012234772 and Trustee Hoyt abstained from Voucher Number 2012234770. Motion carried. 7-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried that the meeting be adjourned at 8:39 p.m.
Carol A. Booth
Village Clerk
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