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Village Board of Trustees Minutes 06/18/2012
                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Regular Meeting No. 11
                                                        June 18, 2012
                                                        8:00 p.m.

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

ABSENT:  Mayor Fixell and Trustee McGovern

The meeting began with the Pledge to the Flag.

POLICE DEPARTMENT PROMOTION TO DETECTIVE DIVISION – DAVID KAPICA

Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved:  Approved: 5-0       

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the appointment of Police Officer David Kapica to the position of Detective in the Village of Tarrytown Police Department effective June 19, 2012 at an annual salary of $105,448.

POLICE DEPARTMENT PROMOTION TO DETECTIVE DIVISION – JOSEPH BAROSA

Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved:  Approved: 5-0       

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the appointment of Police Officer Joseph Barosa to the position of Detective in the Village of Tarrytown Police Department effective June 19, 2012 at an annual salary of $105,448.

REPORTS

Deputy Mayor Basher reported on the following:
  • Sergeant Gardner was on his way home last weekend and observed a woman attempting to jump off the Tappan Zee Bridge.  He immediately pulled over and was able to restrain her from jumping and stayed with her until he received assistance from off-duty members of the New York City Police Department.  Deputy Mayor congratulated Sergeant Gardner for a job very well done.   This goes to show you that our Police Department is always looking out for everyone’s public safety 24-7.  
  •          The County’s Mobile Shredder is coming to the Town of Greenburgh on Saturday, July 14th from 10 a.m. to 1 p.m.  The Mobile Shredder will be coming to Tarrytown on Saturday, August 18th.
VILLAGE ADMINISTRATOR’S REPORT

Central Avenue – The Village experienced a collapse of the Central Avenue just east of North Washington Street.  The reason why the roadway collapsed was due to a collapse of a wall of a stone culvert.  The Board of Trustees declared an emergency in order to expedite the repair to the street and staff then obtained three price quotes for the repair work.  The contractor hired to perform the work has commenced the repair work and it is expected that the work will be complete by early next week and Central Avenue will be reopened by the end of next week.

Cleaning and Cement Lining Project - The work in the Crest area is nearly complete, with all bypass piping, valves, and hydrant replacement, and pipe rehabilitation has been performed. The Village has received approval from the Westchester County Department of Health to place the rehabilitated lines in service.  The removal of the temporary piping and the asphalt restoration is expected to be completed by this week. The temporary bypass lines have been placed along the edge of the pavement along Leroy Avenue and are expected to be placed in service next week.  Notices to the residents for transferring of services will be mailed out later this week.

Pierson Park Andre Brook Project – the Village conducted the pre-construction meeting last Friday with the contractor selected to perform the work.  A construction trailer has been moved to the site by the Senior Center.  A schedule will be provided by the contractor for the completion of the work.  The contract provides one year for substantial completion of the project.  Once I have the proposed schedule, I will share with the Board and the public the anticipated completion date.  Work has also commenced on the Green Street parking lot.  Residents should expect to see considerable work occurring on the riverfront this summer and fall.

PUBLIC HEARING TO AMEND CHAPTER 305, ZONING, SECTION 305-134.E. ADDITIONAL MATERIAL TO BE SUBMITTED (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 18th day of June 2012, 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 Section 305-134 entitled “Application; contents,” subsection E entitled “Additional material to be submitted” 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 Section 305-134 entitled “Application; contents,” subsection E entitled “Additional material to be submitted” of the Code of the Village of Tarrytown.

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.
The Board of Trustees of the Village of Tarrytown has determined that it would be more efficient to outline in greater detail the material and information which needs to be submitted to the Planning Board when an application for a waiver, variance or other relief is sought given that this information is necessary to process applications and it takes time to obtain the requisite information.
B.      Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend Section 305-134 entitled “Application; contents,” subsection E entitled “Additional material to be submitted” of the Code of the Village of Tarrytown to include a projection of  utility costs for new home and to outline in greater detail the material and information which needs to be submitted to the Planning Board when an application for a waiver, variance or other relief is sought.
Material to be deleted appears in underline , material to be added is in bold typeface.

SECTION 2. Amendment to Section 305-134 entitled “Application; contents,” subsection E entitled “Additional material to be submitted” of the Code of the Village of Tarrytown.

§ 305-134.  Application; contents

E. Additional material to be submitted

(3)     Applicants must identify every element of the Subdivision and Site

Development Plan that require variances, waivers, permits or any other relief from the Code of the Village of Tarrytown and/or of the Laws State of New York. For each such element, the applicant shall provide an explanation of why the variance, waiver, permit or other relief requested complies with the requirements of the Code of the Village of  Tarrytown  and/or with the Laws of the State of  New York for such relief and why it would be beneficial to the health, safety and welfare of the residents of the Village of Tarrytown to grant the requested relief taking into consideration the character of the nearby neighborhood, the impact to nearby properties and the effect or impact on the physical and environmental conditions of the area.

(4) When site plan review is required pursuant to Section 305-132 of the Code of the Village of Tarrytown, applicants must provide an estimate of the utility costs of the project expressed as $ per square foot per year.

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 Zollo 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 Zollo moved, seconded by Trustee McGee, and unanimously carried, that the hearing be closed.
 
Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved:  Approved: 5-0        

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 305, Zoning, Section 134.E. (3) and (4) for the purpose to outline in greater detail the material and information which needs to be submitted to the Planning Board when an application for a waiver, variance or other relief is sought.

WHEREAS, a public hearing was held for the proposed action on May 7, 2012, May 21, 2012 and June 18, 2012 and

WHEREAS, a notice of public hearing was published in the Journal News on April 20, 2012 and May 29, 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. 3 of 2012.

PUBLIC HEARING – AFFORDABLE HOUSING (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 18th day of June, 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 305 entitled “Zoning” of the Code of the Village of Tarrytown, Section 130 “Moderate Income Housing”. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend §305-130, “Moderate Income Housing” of Chapter 305 entitled "Zoning” of the Code of the Village of Tarrytown.

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.
The Village of Tarrytown committed to the development of moderate income housing in 1989 via an amendment to the Zoning Code and the Village remains committed to the development of moderate income housing.  On December 5, 2011, the Board of Trustees adopted Local Law # 13 of 2011 which adopted the majority of the provisions of the Westchester County Model Ordinance associated with the creation of fair and affordable housing.  Included in that amendment was a provision for the purchase of existing housing, specifically condominiums and cooperatives, as an option for developers to meet the requirements associated with the development of affordable housing.  It has been determined that greater specificity is necessary in the Zoning Code to address the purchase of such existing units to meet the requirements of the law.
B.      Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown 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.

Material to be deleted appears in (parenthesis), material to be added is in bold typeface.

SECTION 3. AMENDMENT TO SECTION 130, SUBSECTION D. (1) CONCERNING PAYMENTS INTO AN AFFORDABLE HOUSING FUND.
D.  Required Affordable Unit Component                                                                     
(1) Within all residential developments of ten (10) or more units created by subdivision or site plan, no less than ten percent (10%) of the total number of units must be created as affordable units.  In residential developments of eight (8) or nine (9) units, at least one (1) affordable unit shall be created.  In residential developments of five (5) to seven (7) units, the following payment schedule shall apply.
Number of Units                                 Payment
7       The greater of $200,000 or a payment equal to thirty percent (30%) of the average cost to construct a unit in the proposed subdivision or site plan.
6       The greater of $150,000 or a payment equal to twenty-five percent (25%) of the average cost to construct a unit in the proposed subdivision or site plan.
5       The greater of $100,000 or a payment equal to twenty percent (20%) of the average cost to construct a unit in the proposed subdivision or site plan.
Payments made pursuant to this Section shall be deposited in a separate account maintained by the Village for the development of affordable housing.  The payments noted herein shall be required for all increments of ten (10) or more units created by subdivision or site plan.     

SECTION 4. AMENDMENT TO SECTION 130, SUBSECTION G CONCERNING THE PROVISION OF CONDOMINIUMS AND COOPERATIVES IN COMPLIANCE WITH THE REQUIREMENT FOR FAIR AND AFFORDABLE HOUSING.
G.  Unit Appearance and Integration.
(3) Single-Family Units.  Units designated as affordable units shall be indistinguishable in appearance, siting and exterior design from the other single-family homes in the development, to the furthest extent possible.  Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of the development of the affordable units.  The affordable units within single family zoning districts may be developed as single-family homes on a lot meeting seventy-five percent (75%) of the minimum lot size in that respective zone or as  two-family homes on a lot meeting the minimum lot size in that respective zone.   The developer may request that the units to be created per this section be developed as a multi-family units and may be developed at another location within the Village.  The developer may request that the units to be created per this section may be condominium or cooperative units purchased in existing buildings within the Village.  Should the developer be interested in pursuing this concept, the developer shall first submit a request to the Board of Trustees to accept the unit as meeting the requirements of this Section.  The proposed average size of the units to be developed in the subdivision or site plan shall control the number of bedrooms in the unit(s) to be purchased pursuant to this Section.  
Size of Unit to be Constructed                          Number of Bedrooms
Up to 1,500 square feet                                         1
1,501 square feet to 4,999 square feet                          2
5,000 square feet or larger                                             3
The minimum gross floor area per affordable unit purchased pursuant to this Section shall not be less than fifty percent (50%) of the average floor area of non-restricted housing units in the development, but no less than the square footage provided in Section 305 -130.H (1).  A developer may purchase more than one unit to meet the minimum floor area requirement of this Section.  Should the Board provide a conditional approval, the developer shall thereafter provide proof that the Board of the condominium or cooperative will accept, without reservation, the use of the unit(s) as affordable housing.   The developer may purchase a single family unit to meet the requirements of this Section.  The unit(s) purchased shall, at a minimum, be in full compliance with the New York State Building Code and the New York State Property Maintenance Code.    The Building Inspector shall inspect the units proposed for purchase by the developer in order to assure compliance with the said State codes.  In addition to the purchase of existing units within the Village, the developer shall also deposit an amount equal to twenty percent (20%) of the average cost to construct a unit in the proposed subdivision or site plan, said costs to be affirmed by the Building Inspector.  Payment shall be made prior to the issuance of the first Certificate of Occupancy for the subdivision or site plan and will be deposited in a separate account maintained by the Village for the development of affordable housing.   Permission shall be requested from the Board of Trustees and the Board shall have no obligation to allow for the creation of the units as multi-family in another location in the Village or for the purchase of other units and/or buildings.

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 McGee 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 Butler moved, seconded by Trustee Hoyt, and unanimously carried, that the hearing be closed.
 
Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved:  Approved: 5-0        

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 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.

WHEREAS, a public hearing was held for the proposed action on June 18, 2012 and

WHEREAS, a notice of public hearing was published in the Journal News on May 29, 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. 4 of 2012.

PUBLIC HEARING – BUILDING CONSTRUCTION TO INCORPORATE THE INTERNATIONAL ENERGY CONSERVATION CODE (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 18th day of June 2012, 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 Chapter 97 entitled “Building Construction” 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 Chapter 97 entitled “Building Construction” of the Code of the Village of Tarrytown.

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.
The Board of Trustees of the Village of Tarrytown has determined that residential and commercial buildings, renovations and additions should be subject to the International Energy Conservation Code (IECC) state standards immediately and ahead of their formal implementation statewide. Pursuant to Section 11-109 of the Energy Law of the State of New, a municipality may, by local law, adopt energy standards which are more stringent than those already mandated by state statute.
B.      Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend Chapter 97 entitled “Building Construction” of the Code of the Village of Tarrytown to adopt the International Energy Conservation Code (IECC) state standards immediately and ahead of their formal implementation statewide.
Material to be deleted appears in underline, material to be added is in bold typeface.

SECTION 2. Amendment to Chapter 97 entitled “Building Construction” of the Code of the Village of Tarrytown.

Chapter 97 Building Construction

§97-1 A.  International Energy Conservation Code State Standards

This chapter shall also provide for administration and enforcement of the International Energy Conservation Code (IECC) and any future amendment or revision thereof.  This provision is adopted pursuant to §~10 of Article 2 of the Municipal Home Rule Law and Section 11-109 of the Energy Law of the State of New York. Except as otherwise provided within this chapter, the Uniform Code or within the IECC, all premises, regardless of use, are subject to the IECC State Standards which follow.

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 Zollo moved, seconded by Trustee Hoyt, 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 McGee moved, seconded by Trustee Butler, and unanimously carried, that the hearing be closed.
 
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved:  Approved: 5-0       

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 97 entitled “Building Construction” to adopt the International Energy Conservation Code (IECC) state standards immediately and ahead of their formal implementation statewide.

WHEREAS, a public hearing was held for the proposed action on June 18, 2012 and

WHEREAS, a notice of public hearing was published in the Journal News on May 29, 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. 5 of 2012.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD ONLY ON AGENDA ITEMS.  SPEAKERS SHALL HAVE THREE (3) MINUTES TO ADDRESS THE BOARD OF TRUSTEES

Deputy Mayor Basher asked if anyone wanted to address the Board on agenda items. No one appeared.

FIRE DEPARTMENT MEMBERSHIP CHANGES

Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 5-0         

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the following Fire Department membership changes recommended at the May 15, 2012 Board of Fire Wardens meeting:   Membership:  Thomas Pardo was approved for active membership in Washington Engine; Mario David Cova has been approved for active membership in Conqueror Hook & Ladder; and Antonio Ibarra Jr. has been approved for active membership in Hope Hose.   Drivers:  Kevin McNally has been approved as a driver for Utility 61.

APPOINTMENT OF A PART-TIME SEASONAL LABORER

Trustee Hoyt moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved:  Approved: 5-0        

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby appoint Trevor Byrnes to the part-time seasonal position of Laborer in the Recreation Department at an hourly rate of $9.00 for the period from July 2, 2012 through August 10, 2012.

CAPITAL BUDGET FOR FISCAL YEAR 2012-2013

Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried, that the following resolution be approved:  Approved: 5-0         

BE IT RESOLVED that the Board of Trustees hereby approves the following capital budget for fiscal year 2012-2013:


CAPITAL BUDGET - GENERAL FUND
2012-2013
Department
2012-2013
DPW - Roads, Sidewalks, Drainage
~
Replace Curbs and Sidewalks
$35,000
Street Sign Replacement
$20,000
DPW - Miscellaneous
~
Radio Replacement (per FCC regulations)
$21,500
Fire
~
Radio Replacement (per FCC regulations)
$62,000
Turnout Gear (11 @ $3,000)
$33,000
Gas Detectors and Detector Calibration System (9 detectors and 6 calibration stations)
$17,000
Air Bag System (rescue)
$12,250
All Village Facilities
~
Energy Conservation - Lighting Upgrades
$130,000
Vehicles
~
DPW
~
2005 Elgin Sweeper
$190,000
Recreation
~
4-Wheel Drive Pick-up with snow plow and garbage dumping capability  
$32,500
~
TOTAL
$553,250


CAPITAL BUDGET - WATER FUND
2012-2013
Distribution
~
Watermain Replacement
~
PHASE 6 - 4,850 Lineal Feet:  Cobb Lane; Oak Ave.; McKeel Ave.; Beech Lane; Walden Rd.; Suncliff Dr.
$2,400,000
PHASE 6 - Engineering: Design Services; Construction Administration Services; Soil Borings
$115,500
Cleaning and Cement Mortar Lining
~
Board of Trustees                            -10-                          
June 18, 2012
PHASE 7 - Engineering:  Design Services
$52,500
Treasurer
~
KVS Water Billing Software
$21,050
TOTAL
$2,589,050

APPROPRIATION OF FUNDS

Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved:  Approved: 5-0        

WHEREAS, the Village of Tarrytown issued Bond Anticipation Notes (BAN) on May 25, 2011; and

WHEREAS, the Village received premium monies from the BAN sale; and

WHEREAS, the Village is desirous of utilizing the premium monies paid from the issuance, which total $70,287.77 as part of the BAN payment made by the Village on May 25, 2012.

NOW THEREFORE BE IT RESOLVED that the Board of Trustees does hereby appropriate $70,287.77 from the Reserved for Debt Service to be utilized as part of the May 25, 2012 BAN payment.

CONSTRUCTION MANAGER – PIERSON PARK/ANDRE BROOK PROJECT

Trustee Butler moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 5-0       

BE IT RESOLVED that Village Administrator is hereby authorized and directed to
execute a contract with KJM Construction Management, Inc. for Construction Management Service for the Pierson Park Rehabilitation and Andre Brook Restoration Projects.

REJECTION OF BIDS - EVALUATION FOR LIGHTING AND CONTROLS INSTALLATION

Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved:  Approved: 5-0        

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby reject all bids received on May 22, 2012  submitted for the energy efficiency and lighting upgrade project; and

BE IT FURTHER RESOLVED that the Board of Trustees does hereby authorize and direct the Village Administrator to rebid the project.

PURGING OUTSTANDING PARKING TICKETS

Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved:  Approved: 5-0        

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize the purging of outstanding parking tickets that were issued at least ten years ago.

HANDICAPPED PARKING SPACE – LOWER MAIN STREET

Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried, that the following resolution be approved:  Approved: 5-0         

BE IT RESOLVED that the Village of Tarrytown hereby approves the request to have a handicap parking space placed at Main Street, Meter No. 129:

All new material is set forth in CAPITAL letters.

Section 291-92.  Schedule XXVII:  Handicapped Parking Spaces.

In accordance with the provisions of 291-62, the following described streets, driveways, parking lots and auto parks or parts of streets, driveways, parking lots and auto parks are hereby designated as handicapped parking spaces and are designated for use by persons with handicapped parking permits:

Name of Street, etc.    Side                    Location

MAIN STREET              SOUTH          AT PARKING METER SPACE 129
                                                FOR A LIMIT OF 2 HOURS

PARKING – SOUTH BROADWAY, WEST ELIZABETH STREET

Trustee McGee moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 5-0        

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 291, Vehicles and Traffic as follows:

Material to be deleted is set forth in parenthesis (  ).  New material is set forth in capital letters.

§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.; ALL/ALL               From Elizabeth
                                                (8:30 a.m. to            Street southerly
                                                4:00 p.m./Monday         for a distance of
                                                Through Friday)  (100 feet) 40 FEET

§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,      North    8:30 a.m. to            From Broadway for a
West                            (4:00 p.m.)             distance of 75 feet in a
12:30 P.M.              westerly direction
                                        Monday through  
                                        Friday

Elizabeth Street,      South    Any time except From Broadway for a
West                            8:30 a.m. to            distance of 80 feet in a
                                        (4:00 p.m.)             westerly direction
12:30 P.M.      
                                        Monday through
                                        Friday with a
                                        15 Minute Limit

TAX CERTIORARI – MCNAMARA PROPERTIES, LLC FORMERLY LENNOX

Trustee Butler moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 5-0       

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the tax certiorari settlement with McNamara Properties, LLC, formerly Lennox, 109, 111 and 117Central Avenue as outlined in the Village Attorney’s memorandum dated May 11, 2012; and

BE IT FURTHER RESOLVED that financing for this tax certiorari settlement may be provided pursuant to a future financing authorization.

TAX CERTIORARI – ROBERT CORVEDDU

Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried, that the following resolution be approved:  Approved: 5-0         

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the tax certiorari settlement with Robert Corveddu, 159 Wildey Street as outlined in the Village Attorney’s memorandum dated May 14, 2012; and

BE IT FURTHER RESOLVED that financing for this tax certiorari settlement may be provided pursuant to a future financing authorization.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 25, 2012  

Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved:  Approved: 5-0        

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 25, 2012 as submitted by the Village Administrator.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON MAY 7, 2012

Trustee Butler moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 5-0       

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 May 7, 2012 as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON MAY 21, 2012    

Trustee Zollo moved, seconded by Trustee McGee that the following resolution be approved.  Motion carried, all voting “aye” with the exception of Trustee Hoyt who abstained.  Approved: 4-0-1

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 May 21, 2012 as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON MAY 30, 2012        - No Vote

APPROVAL OF AUDITED VOUCHERS

Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved:  Approved: 5-0       

BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers included in Abstract No. 1 and hereby orders the Audited Vouchers to be paid in the following amounts:

                        General         $   1,135,480.45
                              Water                 164,819.27
                        Sewer Fund                                     0.00
                        Capital                 776,982.05
                        Library                   11,803.15
                        Trust & Agency                   9,759.35
                        Total                         $ 2,098,844.27

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 2012236633 and 2012236670 and Trustee Hoyt who abstained from Voucher Number 2012236637.   Motion carried.   5-0

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

John Chebetar, Pine Street, Sleepy Hollow, stated the following:
  • Is there a signed agreement between the Village of Tarrytown and the Town of Greenburgh for confined space rescue operations?  Administrator Blau stated that the Village did receive a draft agreement from the Town of Greenburgh.   We reviewed it and sent it back with our comments to the Town of Greenburgh’s Chief of Police.  In turn, the Police Department sent the agreement along with our comments to their Town Attorney.  The Village is awaiting a revised IMA from Greenburgh.  There is not a signed IMA agreement with the Town of Greenburgh at this time.
  • Are we still contacting the Town of Greenburgh prior to entering a confined space?  Administrator Blau answered, “Yes, we are.”
  • Does the Village have a list of all the firefighters who have been certified in confined space rescue?  Administrator Blau stated that he does not have that list; but that there is a list and that the Fire Chief would have that list.  Trustee Zollo stated that it would be no different than having any other fire department list, for example lists of interior and exterior firefighters.  Trustee Zollo stated that he had recently had a meeting with the Fire Chief and Pro-Safety and the Fire Chief does have the list of firefighters who are certified in confined space rescue.  Mr. Chebetar asked to be kept informed about this agreement with the Town of Greenburgh and the list of names of certified firefighters from the Tarrytown Volunteer Fire Department.
Eleanor Miscioscia, 36 Storm Street, stated the following:
  • Concerned about cars parking in front of 27 Storm Street and along the bend where there is a no parking restriction between signs.  She suggested a more visible no parking marking on the road.
  • Asked for the status of the tunnel going under the railroad tracks.  Administrator Blau stated that the Village received a grant from the New York State Department of State relating to the tunnel.  The Department of State, in their scope of work, included many work items beyond a feasibility study that would enable the Village to go out to bid, including the bid documents.  However, based upon an RFP issued by the Village utilizing the Department of state scope of work, the cost of that project was over $500,000.   The Board directed me to request a modification of the scope of work to limit the project to just a feasibility study.  The Department of State agreed and he just received their response.  He is now reviewing it and will share it with the Board.
  • The front doors to Village Hall should be handicapped accessible.
ADJOURNMENT

Trustee Hoyt moved, seconded by Trustee Butler, and unanimously carried, that the meeting be adjourned at 8:49 p.m.


Carol A. Booth
Village Clerk