Board of Trustees
Village of Tarrytown
Special Meeting No. 6
April 18, 2012
7:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Butler, Hoyt, McGee, McGovern and Zollo; Village Administrator Blau; Village Treasurer Hart and Village Attorney Shumejda
ABSENT: Trustee Basher
PLEDGE OF ALLEGIANCE
DECISION RE: APPEAL OF TARA MACEYAK AND LEE PETRUZZELLI - 88 SUNNYSIDE AVENUE
Trustee Zollo moved, seconded by Trustee Butler that the following resolution be approved. Motion carried, all voting “aye” with the exception of Mayor Fixell and Trustee McGovern who voted “no.” Approved: 4-2
WHEREAS, the Board of Trustees has received an appeal from Tara Maceyak and Lee Petruzelli of 88 Sunnyside Avenue pursuant to Tarrytown Code §281-11 (D) (9) which provides that any applicant may appeal the decision of the Tree Commission to the Board of Trustees, and
WHEREAS, said appeal is related to a tree located on the property immediately adjacent to 88 Sunnyside Avenue and the Tree Commission held that the Maceyak/Petruzelli could not cut the tree roots located on their property and that no action be taken that could harm the tree, and
NOW, THEREFORE, BE IT RESOLVED that the Village of Tarrytown Board of Trustees grants the appeal of Tara Maceyak and Lee Petruzelli of 88 Sunnyside Avenue and reverses the decision of the Tree Commission for the following reasons:
[1] Tarrytown Code §281-11 (A)(1) provides that a permit for the removal of a tree may be granted “If the presence of the tree would cause hardship or endanger the public or the person or the property of the owner.”
[2] Tarrytown Code §281-11 (A)(4) provides that a permit for the removal of a tree may be granted “If the tree substantially interferes with a permitted use of the property, the removal of the trees shall be performed in a selective manner.”
The applicants have established by documentary and photographic evidence that the root system is causing damage to the applicants’ property: it has made their driveway unusable and on two occasions, large tree branches from the tree have fallen onto the applicant’s property and have damaged their property (e.g. roof, gutter damage).
Based upon the evidence provided and the above cited sections of the Village Code, the applicants have established that the subject tree is endangering the person and property of the owner {See, Tarrytown Code §281-11 (A)(1)}; and is “substantially” interfering with the use of the applicants’ property given the root system’s impact on their driveway {See, Tarrytown Code §281-11 (A)(4)}.
The Decision of the Tree Commission is hereby reversed and the Tree Warden is directed to issue a permit to remove said roots as requested by the applicants; however, if the Tree Warden and Bruce and Anne MacDonald agree that in lieu of the removal of the roots on the Maceyak/Petruzelli property, that the entire tree should be removed, then as per the offer made on November 12, 2010 and at the hearing held on March 12, 2012, Tara Maceyak and Lee Petruzelli shall pay for the removal of the tree. This decision is stayed for 30 days.
RESOLUTION – FIRE DEPARTMENT MEMBERSHIP CHANGES
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 hereby approves the following Fire Department membership change recommended at the March 20, 2012 Board of Fire Wardens meeting: Membership: John –Joe Minella was approved for active membership in Phenix Hose Company. Karl Hagstrom has been dropped as a member from Washington Engine Company.
ACKNOWLEDGEMENT OF RECEIPT OF THE 2011 TARRYTOWN VOLUNTEER FIRE DEPARTMENT SERVICE AWARD (PENSION) PROGRAM ANNUAL REPORT REGARDING QUALIFYING POINTS RECEIVED
Trustee Zollo moved, seconded by Trustee Butler that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustees Hoyt and McGee who abstained. Approved: 4-0-2
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby acknowledge receipt of the Tarrytown Volunteer Fire Department 2011 annual report of points achieved by respective members of the Fire Department for qualification for Village contribution to the Fire Department members service award program, which report shall be posted for public inspection and comment for 30 days prior to Board of Trustees’ consideration of approving submission of the report to the pension fund underwriter, subject to final sign-off by the Mayor.
ACKNOWLEDGEMENT OF RECEIPT OF THE 2011 TARRYTOWN VOLUNTEER AMBULANCE CORPS SERVICE AWARD (PENSION) PROGRAM ANNUAL REPORT REGARDING QUALIFYING POINTS RECEIVED
Trustee Zollo moved, seconded by Trustee Butler that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustee Hoyt who abstained. Approved: 5-0-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby acknowledge receipt of the Tarrytown Volunteer Ambulance Corps 2011 annual report of points achieved by respective members of the Ambulance Corps for qualification for Village contribution to the Ambulance Corps members service award program, which report shall be posted for public inspection and comment for 30 days prior to Board of Trustees’ consideration of approving submission of the report to the pension fund underwriter, subject to final sign-off by the Mayor.
ARBOR DAY RESOLUTION
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved: Approved: 6-0
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and
WHEREAS, Arbor Day is observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and
WHEREAS, trees are renewable resources giving us paper, wood for our homes, fuel for our fires and countless other wood products; and
WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and
WHEREAS, trees are a source of joy and spiritual renewal; and
WHEREAS, the Village of Tarrytown has been recognized as a Tree City USA by the National Arbor Day Foundation for 30 years and the Village desires to continue its tree-planting ways.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby proclaim April 28, 2012 as “ARBOR DAY” in the Village of Tarrytown, and urges all citizens to support efforts to care for trees and woodlands in the Village and to support the Village’s forestry program.
BE IT FURTHER RESOLVED that the Board of Trustees urges all citizens in the Village to plant trees to improve the community and to promote the well-being of present and future generations.
WEST ELIZABETH STREET PARKING LOT
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that Chapter 291, Vehicles and Traffic is hereby amended as follows:
Material to be added is in bold typeface.
§291-46. Resident parking permits.
Upon submitting to the Village Treasurer a properly completed signed application and upon payment of a fee as set by resolution of the Board of Trustees, the Village Treasurer shall issue to any owner of a passenger or suburban vehicle who is a resident of the Village of Tarrytown a resident parking permit consisting of a numbered decal. Such permit shall be valid for a period of no more than one year and shall expire, in any event, on May 31 of each year. Resident parking permits shall be valid in all municipal parking lots in the Village, subject to specific restrictions where applicable. The specific restrictions are noted herein below:
West Elizabeth Street Parking Lot – valid between the hours of 6:00 p.m. and 9:00 a.m. Monday through Saturday and all day on Sunday.
§291-48. Nonresident business permit.
Upon submitting to the Village Treasurer a properly completed signed application and upon payment of a fee as set by resolution of the Board of Trustees, the Village Treasurer shall consider said application as valid and complete for the issuance of a nonresident business permit, subject to applicable parking limitations. Such permit shall only be issued to the owner of a passenger or suburban vehicle who is not a resident of the Village of Tarrytown, but who is a merchant, store employee, office worker, business or professional person or other person gainfully employed within the Village of Tarrytown. One permit may be issued for up to four vehicles per parking permit, but in no case may the permit be used on more than one vehicle at a time and shall not be considered a valid permit for the parking of more
than one vehicle at a time. Such permit shall be valid for a period of not more than one year and shall expire, in any event, on May 31 of each year. Nonresident business permits are valid in the following municipal parking lots, subject to specific restrictions where applicable.
McKeel Avenue Parking Lot
South Broadway Parking Lot
Windle Park Parking Lot (municipal portion)
West Elizabeth Street Parking Lot – valid between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday.
KAYAK LICENSE AGREEMENT
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 authorize and direct the Village Administrator to execute a license agreement with Hudson River Kayak Outfitters, LLC d/b/a Hudson River Recreation of Croton-on-Hudson, New York subject to the inclusion of contract items required by the Board of Trustees.
REJECTION OF BIDS - LIGHTING AND CONTROLS INSTALLATION
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 reject all bids submitted for Lighting and Controls Installation project for energy efficiency; and
BE IT FURTHER RESOLVED that the Board of Trustees does hereby authorize and direct the Village Administrator to rebid the project.
SCHEDULE SPECIAL BUDGET MEETINGS
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 schedule a Special Budget meeting on Wednesday, April 25, 2012 at 7:00 p.m., at Village Hall, One Depot Plaza, Tarrytown, New York, to approve the budget for FY 2012-2013.
APPROVAL OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 16, 2012
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
NOW, THEREFORE, BE IT RESOLVED that the Village of Tarrytown Board of Trustees hereby ratifies and adopts the three resolutions approved at the Board of Trustees Special Meeting held on April 16, 2012.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 2, 2012
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 April 2, 2012 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE ANNUAL ORGANIZATIONAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 2, 2012
Trustee McGovern moved, seconded by Trustee Zollo that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustee Hoyt 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 Annual Organizational Meeting of the Board of Trustees held on April 2, 2012 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON MARCH 21, 2012
Trustee Zollo 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 approve the minutes of the special meeting of the Board of Trustees held on March 21, 2012 as submitted by the Village Administrator.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 4, 2012
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 special meeting of the Board of Trustees held on April 4, 2012 as submitted by the Village Administrator.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 6, 2012 – No Vote (lack of quorum)
APPROVAL OF AUDITED VOUCHERS
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers included in Abstract No. 19 and hereby orders the Audited Vouchers to be paid in the following amounts:
General $ 163,786.95
Water 2,739.77
Sewer Fund 14,700.00
Capital 4,711.36
Library 4,908.56
Trust & Agency 8,767.70
Total $ 199,614.34
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Number 2012235914. Motion carried. 6-0
ADJOURNMENT
Trustee McGovern moved, seconded by Trustee McGee and unanimously carried that the Special Meeting be adjourned at 7:20 p.m.
Carol A. Booth
Village Clerk
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