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Village Board of Trustees Minutes 10/15/2012
                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Regular Meeting No. 18
                                                        October 15, 2012
                                                        8:00 p.m.

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

The meeting began with the Pledge to the Flag.

REPORTS

Mayor Fixell read the following statement on behalf of the entire Board of Trustees, in regards to the General Motors development site in the Village of Sleepy Hollow:

Over the last several weeks, there has been a substantial amount of commentary published in the various local media outlets regarding the legal actions we have taken to protect Tarrytown’s residents from the severe traffic impacts of the GM development.  Unfortunately, since so much of what’s been written is incorrect and offers a distorted view of the facts, it is necessary for us to set the record straight.

The history of the GM project, though rather extensive, is actually quite straightforward.

  • Back in 2007, Sleepy Hollow approved an indisputably enormous project which, by Sleepy Hollow’s own admission (not to mention common sense and the testimony of outside experts), will create unacceptable traffic impacts in Tarrytown, bringing our already overburdened roads and intersections, especially those on Broadway and the H-bridge, to a grinding halt.  The plan of approved by Sleepy Hollow contained over 1150 residential units, more than 4 times the number of units approved for Hudson Harbor in Tarrytown.  Even worse, retail and commercial space, which generates far greater traffic, totaled over 10 times the amount approved for Hudson Harbor.  As an aside, it should be noted that contrary to Sleepy Hollow Trustee Bruce Campbell’s assertion that his village “applauded the Hudson Harbor development,” the simple fact is that in 2004 Sleepy Hollow sued Tarrytown to stop Hudson Harbor, including the plan to build a new village hall.
  • In order to fulfill its legal obligation to mitigate those impacts, Sleepy Hollow proposed, as the primary mitigation measure, that Tarrytown remove over 35 parking spaces along Broadway.  Sleepy Hollow also proposed a fe         other minor mitigation measures, all of which were again to be done in Tarrytown.  With all of these measures, Sleepy Hollow required the developer to pay its “fair share” of the costs of implementation.
  • Tarrytown, both well before and after Sleepy Hollow issued its approvals, repeatedly informed Sleepy Hollow that the proposed removal of parking spaces on Broadway was unacceptable because it would undermine everything Tarrytown has been attempting to accomplish in its downtown.  Moreover, expert testimony demonstrated that even if the spaces were removed, it wouldn’t make more than a dent in the projected traffic.  Tarrytown   also showed that the other mitigation measures proposed by Sleepy Hollow would be entirely inadequate as well.  No evidence has ever been offered that contradicts these conclusions.
  • Tarrytown requested that Sleepy Hollow examine reasonable alternative plans and/or configurations that would adequately reduce traffic impacts by bringing the density and types of building uses to levels closer to those approved for Hudson Harbor in Tarrytown.
  • Although we have made clear our willingness to talk about solutions, Sleepy Hollow has refused, and continues to refuse, to take a serious look at the alternatives suggested by Tarrytown or to propose any other reasonable mitigation measures that would bring traffic impacts down to acceptable levels.  Since issuing its 2007 approvals, Sleepy Hollow has not offered to make a single change in the project or take any other actions that would address any of Tarrytown’s concerns.  Consequently, this Village Board reluctantly concluded that it had no other means to protect our residents’ interests but to bring a legal action.
  • The one significant change Sleepy Hollow did make since 2007 was to agree to take an $11.5 million payment from GM instead of requiring GM itself to directly implement mitigation measures.
  • About one month ago, a judge on the State’s lowest court issued a ruling that, while it did not support our position, made clear that the obligations spelled out in 2007 to implement traffic mitigation measures in Tarrytown were still in effect and were shifted to Sleepy Hollow because of the $11.5 mission payment from GM.  Consequently, though we are not convinced the basic ruling is correct and do not believe that the traffic mitigation measures will be very effective, we still reached out to Sleepy Hollow to ask how it planned to follow up on the mitigation measures it committed to in 2007.  At the same time, since we would have quickly lost and right to take any actions to protect Tarrytown, we filed papers preserving our right to appeal in case we were unable to make sufficient progress.
  • Sleepy Hollow now has made clear that it believes it does not have any obligation to do anything to reduce the negative impacts of the project in Tarrytown.  In the words of Sleepy Hollow Trustee Bruce Campbell, “nothing in the agreement with GM or the judge’s decision require….that Sleepy Hollow must use part of the funds it won with GM to mitigate traffic impacts on Tarrytown.
  • Although at this time we have not decided whether we will move forward with the appeal to a higher court, we have asked the judge who issued the first ruling to take another look at his decision in light of Sleepy Hollow’s apparent refusal to honor or even discuss the commitments it had made earlier.  It is our hope that either the judge or Sleepy Hollow will provide some real assurances that there will be some true mitigation of the enormous traffic this project will create.
As we believe the above makes clear, this Board has not only taken a reasonable and responsible approach to protecting the legitimate interests of our residents, but we also have always been, and continue to be, open to resolving our differences with Sleepy Hollow outside of the courtroom.  Though the signs are not good, we remain hopeful that Sleepy Hollow will come to that conclusion as well.

Trustee Basher – Complimented the Recreation Department for decorating Main Street and Broadway with our annual scarecrows.  He stated that it looks “marvelous” and thanked the Recreation Advisory Council.

Trustee Hoyt reported on the following:
  • Ragamuffin Parade will be held on Saturday, October 20th  at 2:00 p.m. at Patriots Park
  • The annual Halloween Parade will be held on Saturday, October 27th at 6:00 p.m.
VILLAGE ADMINISTRATOR’S REPORT

McKeel Avenue Parking Lot – The proposals for the construction of the two islands in the McKeel Avenue Parking Lot were received today.  The Village Engineer will be reviewing the proposals and a recommendation will be submitted to the Board for approval at the next Work Session.  Once the islands are complete, the existing meters will be taken out of the service and the new master meter machine will be activated.

Lighting Bid – The lighting bid will be finalized this week and advertised for bid purposes.  The companies that bid previously will receive a notice of the availability of the bid.  

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

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

EXTENSION OF SNOW AND ICE AGREEMENT WITH STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION

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 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 that expires June 30, 2014 for reimbursement for the Village’s removal of snow and ice from Route 9/Broadway.

EXECUTION OF EASEMENTS – WESTCHESTER ESTATES AT WILSON PARK (TOLL BROTHERS)

Trustee McGovern moved, seconded by Trustee Butler, 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 all Easements associated with the Westchester Estates at Wilson Park (Toll Brothers) subdivision.

AMENDMENT OF THE PROCUREMENT POLICY

Trustee Basher moved, seconded by Trustee Butler, 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 an amendment to paragraph number 5 of the Village of Tarrytown Procurement Policy as follows:  (The Procurement Policy for the Village of Tarrytown with the amendment shall be annexed to these minutes as part of the official record.)

Language added is in bold; language deleted is in parenthesis [  ]

5.  All Fire Department building and vehicle maintenance and repairs will be the responsibility of the Fire Chief.  All Fire Department purchases and contracts totaling one-hundred dollars ($100.00) or more must be pre-approved prior to purchase by requisition authorized by the Village Administrator or the Village Treasurer [in the absence of the Administrator].  All purchases and contracts shall be fully compliant with this Procurement Policy.

AMENDMENT OF THE MASTER FEE SCHEDULE – REPRODUCTION OF WESTCHESTER COUNTY TAXI & LIMOUSINE COMMISSION LICENSE

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 hereby amends the Master Fee Schedule for the Village of Tarrytown by adding a new fee pertaining to a new Reproduction of Westchester County Taxi & Limousine Commission License Fee as follows:

Reproduction of Westchester County Taxi & Limousine Commission License Fee - $10.00

APPOINTMENT OF MEMBER OF THE ETHICS BOARD

Trustee Zollo moved, seconded by Trustee Basher, 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 Joseph G. Hynes to fill the unexpired term of David Cellante as member of the Ethics Board for a term to expire in April 2014.

AUTHORIZE SALE OF 1988 RIVERSIDE HOSE FIRE TRUCK

Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved:  Approved: 7-0      

WHEREAS, the Board of Trustees authorized the Village Administrator to advertise for the sale of the 1988 Riverside Hose pumper truck; and

WHEREAS, the Village commenced the process of selling of the apparatus in March 2012; and

WHEREAS, the advertisement for the sale of the apparatus was placed in the Fire Trader publication, which specializes in the buying, selling and trading of new and used public safety equipment and services and is delivered monthly to 37,000 public safety related addresses; and

WHEREAS, in addition to the Fire Trader, the Village executed an agreement with Company Two to assist the Village in locating a buyer for the apparatus; and

WHEREAS, four (4) proposals have been received since March for the purchase of the apparatus; and
WHEREAS, the four (4) proposals are as follows:

Stiloski Automotive                     $8,000
Brookfield                              $6,500
East Coast Auto                 $3,350
New England Fire Equipment      $2,500
and Apparatus Corp.

WHEREAS, eight (8) months have transpired and only four bids have been received and notice has been provided by Company Two that although the apparatus is “nice looking,” a “1988 apparatus with a 500 gallon tank is not a quick seller.”

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees believes that there has been an extended time frame for the sale of the apparatus that has provided minimal response to from prospective purchasers and that it is time to act on the four proposals received for the purchase of the apparatus.

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize the sale of the 1988 Riverside Hose Federal Motors Fire Truck to Stiloski Automotive in the amount of $8,000 in “as is” condition.

ADOPTION OF REGULATIONS FOR THE USE OF ORGANIC WASTE TRANSFER STATION, LEAF SEASON

Mayor Fixell stated that he urges people to “Love Them and Leave Them,” which is a Westchester County program.   Mow them with a mulching lawn mower.  You can handle an enormous amount of leaves.  It’s the best solution; it saves the Village money, it’s good for your soil and lawn.  This method is used on golf courses.  There’s information on the county website.
Trustee Butler 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 adopt the Fall Leaves Regulations for the use of Organic Waste Transfer Station, Leaf Season as follows:

One, Two and Three Family Properties – During the period from October 15 through December 15, leaves may be placed at the edge of a property, next to the curb for collection by the Village of Tarrytown Department of Public Works.  Leaves are not to be placed in the street.  As an alternate, leaves may be bagged or delivered to the Organic Waste Transfer Station, subject to the regulations included herein.  During the period from December 16 through October 14, leaves shall be bagged.  The Superintendent of Public Works may expand the period when leaves will be collected at curbside based upon specific weather conditions during that leaf season.

Residential Properties larger than three family, cooperatives, condominiums, apartment buildings and commercial properties shall either bag the leaves and deliver the bags to the Organic Waste Transfer Station or deliver the leaves unbagged for deposit in the Organic Waste Transfer Station off of Tower Hill Road.  Leaves at these properties shall not be placed next to the curb.  If the leaves are placed next to the curb, the leaves will not be collected by the Village.

The Organic Waste Transfer Station shall be available for the deposit of leaves from October 15 through December 15.  The Superintendent of Public Works may expand the period that the Organic Waste Transfer Station is open for the deposit of leaves depending upon the weather during that particular leaf season.  

The Organic Waste Transfer Station shall be open from 7:30 a.m. to 9:00 a.m. and 1:30 p.m. to 3:00 p.m., Monday through Friday.  Should a resident, property owner or Green Industry Contractors registered with the Village of Tarrytown need to deposit leaves at the Organic Waste Transfer Station at time other than those noted herein, a specific request shall be submitted to the Superintendent of Public Works or his/her designee and should there be a staff member available, the Organic Waste Transfer Station may be opened for the special deposit of leaves.  The resident, property owner or Green
Industry Contractor shall be responsible for payment of the time required for the staff member to service the special deposit request.

The Village will be assigning a Department of Public Works staff person to be present at all times that the Organic Waste Transfer Station is open to accept fall leaves.  That DPW staff person has the right to reject a load should that load contain materials unacceptable for deposit at the Organic Waste Transfer Station.

The Organic Waste Transfer Station shall not be open for deposit of any other materials or outside of the dates established by the Village for the deposit of fall leaves.

RESOLUTION – FIRE DEPARTMENT MEMBERSHIP CHANGES

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 following Fire Department membership changes recommended at the September18, 2012 Board of Fire Wardens meeting:   Membership:  Breanne Tuohy was approved for active membership in Washington Engine; Michael Redmond has been removed from Hope Hose Fire Company.  Drivers:  Stefan Wilgermein has been approved as a driver for Washington Engine Company.

SCHEDULE A PUBLIC HEARING – PUBLIC ACCESS TO RECORDS

Trustee Hoyt 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 schedule a Public Hearing for the regular meeting of November 5, 2012, to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 233 entitled “Public Access to Records” to provide greater specificity as to the Records Access Officers for the Village and to establish a new Records Access Appeals Officer.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON OCTOBER 1, 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: 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 October 1, 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. 7 and hereby orders the Audited Vouchers to be paid in the following amounts:

                        General         $    205,443.97
                              Water                  15,312.34
                        Sewer Fund                                0.00
                        Capital                608,129.26
                        Library                    7,133.60
                        Trust & Agency                  7,214.72
                        Total                       $     843,233.89

The Board was polled all voting “aye” with the exception of Trustee McGee who recused herself from Voucher Number 2012238185.   Motion carried.   7-0

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

Mayor Fixell questioned whether anyone wished to address the Board on any matter.  No one appeared.  

ADJOURNMENT

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the meeting be adjourned at 8:18 p.m.


Carol A. Booth
Village Clerk