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Village Board of Trustees Minutes 5/21/2012
                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Regular Meeting No. 9
                                                        May 21, 2012
                                                        8:00 p.m.

PRESENT:  Mayor Fixell presiding; Trustees Basher, Butler, McGee, McGovern and Zollo; Deputy Administrator Hart; Village Attorney Shumejda and Village Clerk Booth

ABSENT:  Trustee Hoyt

The meeting began with the Pledge to the Flag.

REPORTS

Mayor Fixell reported the following:
  • Memorial Day Parade will take place this Monday at 9:00 a.m.  Marchers will begin on Main Street in Tarrytown and proceed north on Broadway to Sleepy Hollow.  The procession will then head down Beekman Avenue        then southbound onto North Washington Street and will end at Patriots Park at the Veterans Memorial.  A ceremony honoring those who served both currently and in the past will take place at the end of the parade.  At         11:00 a.m., at Patriots Park, there will be a dedication of a new memorial for the Gold Star Mothers. The parade and ceremony are sponsored by the Veterans of Foreign Wars post 1939 in Sleepy Hollow.  Commander Richard Macki and Chairman Chick Galella.
  • There was an article in the River Journal which mentioned our tax levy cap calculation being in question.  It turns out that we were significantly below the 2% tax cap.  The state comptrollers who came to audit the Village tax levy cap had done some calculations and they interpreted their papers incorrectly.
Trustee Basher thanked the Tarrytown Ambulance Corp for their fine emergency services when he took ill a couple of weeks ago.

CONTINUATION OF A PUBLIC HEARING TO AMEND CHAPTER 305, ZONING, SECTION 305-134.E. ADDITIONAL MATERIAL TO BE SUBMITTED

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 Zollo, and unanimously carried, that the following resolution be approved:  Approved: 6-0

BE IT RESOLVED that the Board of Trustees does hereby adjourn the public hearing; and

BE IT FURTHER RESOLVED that the Board of Trustees does hereby authorize the noticing of the Public Hearing on this Local Law for the June 18, 2012 Board of Trustees meeting and said notice shall include proposed modifications to the Local Law.

PUBLIC HEARING – COMPATIBLE USE PERMIT LENIMENTUS NY, INC – A/K/A CASTLE ON THE HUDSON (adopted)

Trustee Zollo moved, seconded by Trustee Butler, 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 Zollo moved, seconded by Trustee McGovern, 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: 6-0       

WHEREAS, a request has been made by Lenimentus NY, Inc – a/k/a Castle on The Hudson to hear and consider an amendment to its existing Compatible Use Permit for the existing hotel facility known as The Castle at Tarrytown located at 400 Benedict Avenue in the Village of Tarrytown, New York; and

WHEREAS, the proposed amendments are 1) to construct as part of the hotel’s facilities, a new free-standing spa building for use primarily by hotel guests; and 2) to modify the language in the existing Compatible Use Permit to omit the term “inn” from the existing language which states a “restaurant, catering hall and inn/hotel; and

WHEREAS, the Proposed Action is an Unlisted action pursuant to the State Environmental Quality Review Law, and

WHEREAS, an Environmental Assessment Form (EAF) was filed; and

WHEREAS, a notice of public hearing was published in the Journal News on May 11, 2012;

WHEREAS, a public hearing was held for the proposed action on May 21, 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 does hereby amend the existing Compatible Use Permit to the Lenimentus NY, Inc. a/k/a Castle on The Hudson, 400 Benedict Avenue, Tarrytown, New York to allow for a free standing spa facility to be used primarily for hotel guests and to omit the term “inn” from the permit.

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

Mayor Fixell asked if anyone wanted to address the Board, no one appeared.

APPROPRIATION OF FUNDING FOR SANITARY SEWER ON CHURCH STREET
Trustee Basher 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 does hereby appropriate $14,700 in the Sewer Fund for the repair of the sanitary sewer on Church Street as follows:
G.8120.412                      $14,700

AUDIT OF GROSS RECEIPTS TAX AND FRANCHISE FEES - MORWOOD OAKS MANAGEMENT ASSOCIATES, LLC

Trustee Basher 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 authorize and direct the Village Administrator to enter into an agreement with Morwood Oaks Management Associates, LLC for the purpose to audit the Gross Receipts Tax and the franchise fees received from cable television companies.

AMENDMENT TO RULES AND REGULATIONS OF THE TARRYTOWN POLICE DEPARTMENT – CHAPTER THREE

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 approve the amendments of the Rules and Regulations of the Tarrytown Police Department, Chapter Three.        

BE IT FURTHER RESOLVED that a copy of the amended Rules and Regulations of the Tarrytown Police Department will be affixed to the official minutes of this Board of Trustees meeting.

AMENDMENT TO THE VILLAGE OF TARRYTOWN BOARD OF TRUSTEES OFFICIAL RULES OF PROCEDURE

Trustee Basher 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 amend the Village of Tarrytown Board of Trustees Rules of Procedure as follows (additions are in bold):

PART B.  POLICIES
SECTION 4 - Order of Business
The order of business shall be:
  • Call to order
  •         Miscellaneous and Liaison Reports
  • Changes and/or Additions to the Agenda
  • Village Administrator’s Report
  •         Public Hearings and/or Public Information Meetings
  • Opportunity for the Public to Address the Board Only on Agenda Items
  • Resolutions
  • Approval of Minutes
  • Approval of Audited Vouchers
  • Opportunity for the Public to Address the Board
  •         Adjournment
PART C: RULES AND PROCEDURES
        
SECTION 2 - Guidelines for Public Comment
The public shall be allowed to speak only during Public Hearings and Public Comment periods.
        Speakers must be recognized by the presiding officer.
Speakers must step to the front of the room and speak into the microphone or at the lectern should one be provided.  Speakers are not to approach the dais without invitation and are directed to make their remarks from the microphone or lectern.  Speakers must give their name, address and organization represented, if any.  No items or documents may be placed on the dais or presented to the Board unless either authorization is requested and granted by the presiding officer or a Board member specifically requests to see an item.  All items for presentation that are granted authorization or requested by a Board member shall be presented to the Village Clerk who shall pass it the Board.  Speakers addressing the Board of Trustees during the portion of the meeting noted in Part B. Section 4.  “Order of Business” as “Opportunity for the Public to Address the Board Only on Agenda Items” shall only speak regarding the resolutions, minutes and audited vouchers which are included on the agenda.  Speakers shall have three (3) minutes to address the Board of Trustees before yielding to the next speaker.  Speakers shall not be provided a second opportunity to address the Board regarding agenda items until the “Opportunity for the Public to Address the Board” at the end of the agenda.  
Speakers addressing the Board of Trustees during the portion of the meeting noted in Part B. Section 4.  “Order of Business” as “Opportunity for the Public to Address the Board” may speak to the Board regarding any item or issue.  Speakers shall have five (5) minutes to address the Board of Trustees before yielding to the next speaker.  Speakers may once again address the Board during the Public Comment period for one additional three (3) minute period after all speakers have an opportunity to address the Board for their original five (5) minute period.  
        
SURPLUS VEHICLE 

Trustee Basher 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 declare as surplus the Police Department 2004 Ford Crown Victoria vehicle.

SCHEDULE A PUBLIC HEARING – AFFORDABLE HOUSING

Trustee Butler 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 public hearing for Monday, June 18, 2012, at 8:00 p.m. at Village Hall, One Depot Plaza, Tarrytown, New York, to hear, discuss and to act upon a proposed amendment to Chapter 305 entitled “Zoning” of the Code of the Village of Tarrytown, Section 130 “Moderate Income Housing” to amend the language of Section 130.G. and 130.D to provide greater specificity in regards to the purchase of units to comply with the requirements of this Section to provide for fair and affordable housing.

SCHEDULE A PUBLIC HEARING – BUILDING CONSTRUCTION TO INCORPORATE THE INTERNATIONAL ENERGY CONSERVATION CODE

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 schedule a public hearing for Monday, June 18, 2012, at 8:00 p.m. at Village Hall, One Depot Plaza, Tarrytown, New York, to hear, discuss and to act upon a proposed amendment to Chapter 97 entitled “Building Construction” to adopt the International Energy Conservation Code (IECC) state standards immediately and ahead of their formal implementation statewide.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 6, 2012   

Trustee Basher moved, seconded by Trustee McGee that the following resolution be approved.  Motion carried, all voting “aye” with the exception of Trustees Butler and Zollo who abstained.  Approved: 4-0-2

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 6, 2012 as submitted by the Village Administrator.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 16, 2012

Trustee Basher 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 regular meeting of the Board of Trustees held on April 16, 2012 as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 16, 2012

Trustee Butler moved, seconded by Trustee Zollo that the following resolution be approved.  Motion carried, all voting “aye” with the exception of Trustee Basher 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 special meeting of the Board of Trustees held on April 16, 2012 as submitted by the Village Administrator.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 18, 2012

Trustee McGovern moved, seconded by Trustee Zollo that the following resolution be approved.  Motion carried, all voting “aye” with the exception of Trustee Basher 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 special meeting of the Board of Trustees held on April 18, 2012 as submitted by the Village Administrator.

APPROVAL OF AUDITED VOUCHERS

Trustee McGovern moved, seconded by Trustee Zollo, 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. 21 and hereby orders the Audited Vouchers to be paid in the following amounts:

                        General         $      124,192.96
                              Water                 338,067.98
                        Sewer Fund                                     0.00
                        Capital                 214,314.00
                        Library                     6,135.46
                        Trust & Agency                 25,586.46
                        Total                         $    708,296.86

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 2012236212 and 2012236226.   Motion carried.   6-0

ADJOURNMENT

Trustee Basher moved, seconded by Trustee Butler, and unanimously carried, that the meeting be adjourned at 8:15 p.m.


Carol A. Booth
Village Clerk