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Village Board of Trustees Minutes 03/16/2015
                                        Board of Trustees
                                                        Village of Tarrytown
Regular Meeting No. 30
                                                        March 16, 2015
                                                        8:00 p.m.

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

ABSENT:  Trustee Hoyt

The meeting began with the Pledge to the Flag.

REPORTS

Mayor Fixell stated, “As people viewing this meeting may note, there is a new person sitting in the seat of the Village Attorney.  Jeff Shumejda, who has served the Village magnificently for 25 years, primarily as Village Attorney, has resigned his position with the Village due to health reasons.  Jeff was clearly a legal fixture for the Village and everyone in the Village government, from the Board of Trustees, to the Village Administrator, to Department Heads, to the various land use boards, and we all relied on his knowledge and sage advice.  Steve Silverberg, of the firm of Silverberg Zalantis will be serving as the interim Village Attorney.  Steve has worked for the Village in the past in regards to the Hudson Harbor project and the General Motors litigation.  The Village has finalized a Request for Proposals which is the first step in the selection of a new Village Attorney for Tarrytown.  The process is expected to take a few months.  It’s impossible to say how much all of us in the Village wish Jeff all the best.”

Mayor Fixell reported on the following:

  • The 2015 Spring/Summer Tarrytown Recreation Brochure is available on our website at tarrytowngov.com.  Copies will be available at the Senior Center, the Warner Library and Village Hall.
  • The annual Easter Egg Hunt will be held on Saturday, March 28th at Patriots Park at 10 a.m. with a rain date on Saturday, April 4th.
ADMINISTRATORS REPORT

Administrator Blau reported on the following:

Pothole Killers - On Friday, people may have seen a strange looking truck with an arm out the front of it driving around the Village.  This is the Pothole Killer truck.  The Village of Tarrytown along with six other Villages has contracted for a pilot program with Patch Management, the company that owns and operates the Pothole Killer for (11) eleven hours of service per community.  

Mayor Fixell noted that after the pilot program is completed in all of the Villages, there will be a process evaluating whether or not it makes sense to extend the Pothole Killer program into future years.  It is very difficult to patch potholes in the winter with cold patch, so this is an alternative to cold patching.   The Pothole Killer program is currently being used by the Departments of Transportation in the states of New York, New Jersey and Pennsylvania.

PUBLIC HEARING – PERMIT PARKING

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 16th day of March, 2015, 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 291 entitled “Vehicles and Traffic” 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 291 entitled “Vehicles and Traffic”, Article VI, Permit Parking, Section 46, Resident parking permits, Section 47, Nonresident parking permits, Section 49, Carpool permits and Article X, Miscellaneous Provisions, Section 65, Penalties for Offenses.
SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.
The Board of Trustees, in an attempt to provide parking permit holders greater flexibility allowed for the placement of two license plates numbers on one parking permit.  That action, which commenced in fiscal year 2010-2011, enabled a parking permit holder to use either vehicle with a license plate listed on the permit.  It has been discovered that the privilege granted to parking permit holders to have two different license plate numbers on one parking permit has been abused by some parking permit holders and it is necessary to amend the Village Code to address this abuse.  Two actions are included in this amendment to address the abuse.  First, to make clear the obvious that the one permit is valid on one vehicle at a time.  Second, to enable the Village Treasurer to revoke a parking permit when it is discovered that the use of the parking permit is being abused.
B.      Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend Chapter 291 entitled “Vehicle and Traffic”, Article VI, Permit Parking, Section 46, Resident parking permits, Section 47, Nonresident parking permits, Section 49, Carpool permits and Article X, Miscellaneous Provisions, Section 65, Penalties for Offenses, to address abuses in the use of parking permits issued by the Village.  
Material to be deleted appears in [brackets], material to be added is in bold typeface.

SECTION 2.  Amendment to §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.  Regardless of the number of license plates listed on the permit, the permit shall only be valid on one (1) vehicle at a time.  

SECTION 3.  Amendment to §291-47 “Nonresident 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 consider said application as valid and complete for the issuance of a nonresident parking permit, subject to applicable parking limitations. Said permit shall only be issued to owners of a passenger or suburban vehicle who are not residents of the Village of Tarrytown. Applicants shall select either a carpool permit or an individual permit. The permit may be issued for a period of not more than one year and shall expire, in any event, on May 31 of each year.  Regardless of the number of license plates listed on the permit, the permit shall only be valid on one (1) vehicle at a time.  

SECTION 4.  Amendment to §291-49 “Carpool permits”.

Carpool permits issued to residents and nonresidents, when such permit is placed in the location within the vehicle designated by the Village [back window] of a passenger or suburban vehicle owned by such person(s), shall permit such vehicle to be parked free of charge in such areas at such times as provided for in this chapter, when and if such parking space is available in such area. When any vehicle for which a permit is in force is sold, destroyed or transferred, the persons(s) to whom such permit was issued shall request the issuance of a substitute permit. Upon submission of proof of such sale, destruction or transfer and upon return of the existing carpool permit to the Village Treasurer and the payment of the transfer fee, the Village Treasurer shall issue a substitute permit for the balance of the permit period.   Regardless of the number of license plates listed on the permit, the permit shall only be valid on one (1) vehicle at a time.  

SECTION 5.  Amendment to §291-65 “Penalties for offenses”.
Every person convicted of a traffic infraction for a violation of any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.  In addition, any person who is issued a summons for a traffic infraction relating to the creation any form of copy of a parking permit shall have their permit issued by the Village immediately revoked by the Village Treasurer.  The revocation may be appealed to the Village Administrator.  There shall be no appeal of a decision of the Village Administrator.
SECTION 6.  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 McGovern moved, seconded by Trustee McGee 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 McGovern, and unanimously carried, that the hearing be closed.

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 of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 291, Vehicles and Traffic, Article VI. Permit Parking, §291-46 “Resident parking permits”, §291-47 “Nonresident parking permits” and §291-49 “Carpool permits” to provide clarification regarding the use of a parking permit and §291-65 “Penalties for offenses” to provide for the revocation of a parking permit under specific circumstance.

WHEREAS, a public hearing was held for the proposed action on March 16, 2015; and

WHEREAS, a notice of public hearing was published in the Journal News on March 5, 2015; 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 the 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 does hereby adopt Local Law No. 1 of 2015.

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.

WESTCHESTER COUNTY CHIIP PROGRAM

Trustee McGee moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved:  Approved: 6-0   

WHEREAS, Westchester County is initiating the Community Housing Infrastructure Investment Program (CHIIP), and

WHEREAS, for 2015 projects eligible for County financial support will be selected from those projects previously submitted by local governments to the County under the CDBG program and subsequently recommended for funding, and

WHEREAS, the Village of Tarrytown had four projects which had been recommended for the CDBG funding, and

WHEREAS, projects selected for 2015 CHIIP funding will be funded at a maximum of 50% by the Westchester County CHIIP, and the Village would be responsible for the remaining funding

NOW, THEREFORE, BE IT RESOLVED, that the Village of Tarrytown hereby requests that the County of Westchester consider 2015 CHIIP funding for the following projects:

Cost                                                            Total Estimated Project

  • Wildey Street and Wood Court Neighborhood Sidewalks     $460,000
  • Village Wide Sewer Manhole Rehabilitation                       $340,000
  • South Washington Street Neighborhood Sidewalks  $337,385
  • Patriots Park Comprehensive Park Improvements           $284,165
ADOPTION OF HOME RULE REQUEST

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 6-0     

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, in 2012, legislation was sponsored 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, in conjunction with the said legislation, the Board of Trustees adopted a Home Rule Request on February 6, 2012; and

WHEREAS, the Board of Trustees adopted a second Home Rule Request on June 12, 2013 in response to proposed 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, the Village has been made aware that there is new Hotel Occupancy Tax legislation that will be coming to the floor of the Assembly (A922) and Senate (S4281); and

WHEREAS, the Village of Tarrytown is supportive of the adoption of Hotel Occupancy Tax legislation 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 a local law to impose a hotel/motel occupancy tax in such villages; 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:

Municipalities are very limited in the establishment of additional non-property tax revenue sources.  Numerous municipalities in Westchester County have been enabled, via state legislation, to adopt at local option a hotel/motel occupancy tax.  These municipalities have been provided an additional source 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 and place these municipalities on par with the other municipalities in Westchester County and throughout the state that have been enabled, via local option, to implement a hotel/motel occupancy tax.

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. A922 and State Bill No. S4281 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.

SEQRA – RIVERWALK EXTENSION LOSEE PARK

Trustee McGee 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 declare itself Lead Agency status for the purposes of Article 8 (State Environmental Review Act) of the Environmental Conservation Law for the RiverWalk Park extension construction in Losee Park; and

BE IT FURTHER RESOLVED that 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 the Proposed Action will not have a significant adverse impact on the environment, and hereby adopts a Negative Declaration.

AMENDED SEQRA – LOH PARK FLOOD MITIGATION PROJECT

Trustee Butler moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 6-0     

WHEREAS, on April 20, 2009, the Board of Trustees of the Village of Tarrytown declared itself Lead Agency status for the Loh Park Flood Mitigation Project; and

WHEREAS, on April 20, 2009, the Board of Trustees of the Village of Tarrytown adopted a Negative Declaration with respect to the Westchester County Flood Mitigation Project for Loh Park.

WHEREAS, the scope of the project has changed and it is necessary to revise the SEQRA documents to reflect the revisions to the project.

NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby retain lead agency status for the purposes of SEQRA with respect to the Flood Mitigation Project for Loh Park and in accordance with Article 8 of the State Environmental Conservation Law.

BE IT FURTHER RESOLVED that the revised SEQRA documents shall be provided to all interested and involved agencies for review and response pursuant to SEQRA.

NEW NY BRIDGE COMMUNITY BENEFITS PROGRAM

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 execute an agreement with the New York State Thruway Authority for funding to pay for a flag person on the H-Bridge.

METRO-NORTH RAILROAD SUBSTATION CONSTRUCTION

Administrator Blau noted that the electric sub-station that serves the Metro North Railroad in the Tarrytown area is located on the east side of the railroad tracks.  That station was damaged during Hurricane Sandy.  Metro North Railroad received FEMA monies to upgrade the electrical system to be more storm-resistant.  They are planning on constructing a new sub-station on the west side of the railroad tracks near the parking lot for Losee Park.  In order to do the work, they need to utilize part of Green Street.  It was agreed that Metro North Railroad would use part of Green Street over a 10-month period and in exchange for allowing them to use Green Street, Metro North Railroad will repave the area all along the Losee Park fence line, which is parking for both commuters and in the evening for people using the softball/baseball fields.  Green Street will be open at all times, but the Village will be losing 27 parking spaces during the construction project at the south end of Green Street.

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 execute an agreement with Metro-North Railroad for the temporary use of Green Street and adjacent property for the construction work area during the Hudson Line Substation upgrade.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON MARCH 2, 2015

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 minutes of the regular meeting of the Board of Trustees held on March 2, 2015 as submitted by the Village Clerk.

APPROVAL OF AUDITED VOUCHERS

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 approve Abstract No. 17 of Audited Vouchers to be paid in the following amounts:

        General         $     229,797.18        
        Water                                              8,343.74     
        Sewer Fund                                0.00          
        Capital                  11,486.33              
        Library                    5,426.73                          
        Trust & Agency                  10,954.08               
        Total                       $     266,008.06

The Board was polled all voting “aye” with the exception of Trustee McGee who recused herself from Voucher Number 2012249302.   Motion carried.   6-0

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 asked whether anyone wished to address the Board on any matter.  No one appeared.

VILLAGE ELECTION DAY

Mayor Fixell noted that this Wednesday, March 18th is Election Day in the Village.

ST. PATRICK’S DAY

The Mayor and the Board of Trustees wished everyone a Happy St. Patrick’s Day.        
                                                                        
ADJOURNMENT

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



Carol A. Booth
Village Clerk