https://sleepyhollow.localarchives.org/files/original/e6d47bdb1d2cae7c5558dc19d61f8ea6.pdf 9a471368b2a71663b3a343a9067deb9d PDF Text Text ^ 7 NORTH TARRYTOWN, N.Y. January 23, 1984 A regular meeting was held before the Board of Trustees of the Village of North Tarrytown, N.Y. on the above date. Present Philip E. Zegarelli, Mayor Vincent Buonanno William McBride Joseph D. Lofaro James J. Timmings Emmanuel J. Lobato, Trustees Robert J. Ponzini, Counsel Absent Stephen Maceyak, Trustee Mayor Zegarelli called the meeting to order at 8:00 P.M. with a prayer and salute to the flag. Trustee Lobato moved, seconded by Trustee Timmings that the minutes of the meeting held on January 9, 1984 be approved with noted corrections (attached). Carried. Mayor Zegarelli called for bids for the reconstruction of catch basins, sidewalks, etc. The following bids were opened: Morano Excavating 18 No. Astor St. Irvington, N.Y. Bond enclosed. $89,749.00 Cimino Contracting Corp. 1014 Saw Mill River Road Yonkers, N. Y. Bid bond enclosed 89,246.50 Halcyon Constr. Corp. 230 Westchester Ave. Valhalla, N.Y. Bid bond enclosed 94,340.00 Earthwork Concepts Ltd. 207 Main St. Eastchester, N.Y. Bid bond enclosed. 99,924.00 S.G.L. Construction P.O. Box 759 Mahwah, N.J. Bid bond enclosed. 97,944.00 �-2Malco Construction Co. Pleasantville, N.Y. Bid bond enclosed $94,000.00 N. Picco & Sons 154 E. Boston Post Road Mamaroneck, N.Y. Check in the amount of $2,000. enclosed. $141,215.00 Bettino Bros. . 87 Fulton St. White Plains, N.Y. Bid bond enclosed. Gonsa Construction Corp. 53 Post St. Yonkers, N.Y. Certified check in the amt. of $2,000 encl. J.R.B. Contr. Corp. 155 Larch Road Briarcliff Manor, N.Y. Bid bond enclosed. J. C. Perri Tarrytown, N.Y. Bid bond enclosed. 123,815.00 110,616.50 91,336.00 92,950.00 Trustee Lobato moved, seconded by Trustee Buonanno that the bids be referred to Counsel, Supt. of Public Works and Public Works Commit] for recommendation by the next Board meeting. Carried. Mayor Zegarelli asked if there was anyone present who would like t< address the Board may do so at this time. Mr. Curtis Heath, Chairman of the Conservation Committee, stated that he met with Mr. Gasko of Coffin Tree Co. and Mr. Snyder of Greenrt and certain changes have been made in the proposed tree law to which they had agreed. Trustee Timmings stated that the changes were reviewed by Counsel at a work session. Mayor Zegarelli stated that the matter would be taken up under Unfinished Business. Mr. Robert Carpenter, 106 Pocantico Street, inquired about the sta of the trailer behind the Aruj Service Station. Trustee Buonanno stated that a request for a building permit was received from Exxon Company but since the application was incomplete, it was returned for proper completion. A formal request which includi the trailer had been made by the Company. �AZK -3Mr. Carpenter also discussed the recapture of the gas system at the station. Trustee Buonanno stated that the EPA investigated the complaint and verified that the procedure was within the specifications and are in compliance with the law. Mr. Carpenter stated that the Village ordinance prohibits noxious odors from taveling over the boundary line. Mr. Biros stated that the owner has a vapor recovery system and it is being utilized. Trustee Lobato suggested that he meet with the Village Prosecutor and if there is a violation a formal complaint should be filed. Mr. Carpenter also questioned about the lights not working on the Headless Horseman bridge. Mayor Zegarelli stated that the lights are in need of rewiring, etc. He stated that he had written to the County Board regarding the bridge's condition and we were told that there were other bridges that are in worse condition. We will continue working on this project, said the Mayor. REPORTS OF COMMITTEES Mayor Zegarelli stated that Trustee Lofaro had to leave early, after which Trustee Timmings moved, seconded by Trustee Lobato that the order of committees be changed to allow Trustee Lofaro to give his report first. Carried. FIRE Trustee Lofaro commended the Fire Department for their quick stop of the fire on Beekman Avenue. They did a wonderful job, he. said The fire apparatus bid was discussed at the work session last week, said Trustee Lofaro, and moved that the bid from Pierce-Tyler be accepted for a five man canopy cab fire apparatus in the amount of $156,566 according to specifications, seconded by Trustee Lobato. Mayor Zegarelli polled the Board as follows: Trustee Buonanno " McBride - Yes Yes Mayor Zegarelli voted "Yes". Trustee Lofaro - Yes " Timmings - No " Lobato - Yes Carried. Trustee Lofaro moved that the bid for equipment be awarded to A.A.A. Emergency Supply in the amount of $21,075 according to specifications, seconded by Trustee Lobato. On the question, Trustee Buonanno stated that although we have a recommendation from the fire group to take the low bid, we would be going overboard in attempting to accomodate certain interest groups �< -4and suggested that we accept the lower bid from Tyler-Pierce. Trustee Timmings stated that on both truck and equipment, the Stat has competitive bidding laws in both cases and feels that the fire company's recommendation exposes the Board of Trustees to unnecessary risk. Trustee Buonanno stated that if they were automatically going to get the bid, why go through bidding process. You are allowing yourself to be open for criticism, said Trustee Buonanno. Trustee Lofaro stated that the low bidder is out in Wisconsin. There is only a $300-$400 difference, he said. The Fire Chiefs have recommended the proposed company. Mayor Zegarelli stated that he, traditionally feels the same about the low bidder, however, in this case, we know of A.A.A.'s Emergency1 work and local availability. Mayor Zegarelli polled the Board as follows: Trustee Buonanno " McBride - No - Yes Mayor Zegarelli - Yes. Trustee Lofaro - Yes " Timmings - No M Lobato - Yes Motion carried. Trustee Lofaro stated that there has been a theft and damage to Village property in Columbia Hose meeting room and as soon as estimati are received, they will be given to the Clerk for referral to the insurance company. Mr. Fred Gross thanked the Board, on behalf of the fire department for its action and stated that they will continue to do great fire fighting. PUBLIC WORKS Mayor Zegarelli asked Trustee Lobato the whereabouts of Trustee Maceyak and was answered that Trustee Maceyak was working at his businJ Trustee Lobato gave the following report: Excavated, repaired and backfilled hydrant on Valley Street which was damaged during the last snowstorm. Cleaned around fire hydrants after each snowstorm and at both pump stations and garage. Bank balance as of 1/23/84 is $46,405. Salted and sanded during the last two snowfalls and picking up afterwards :dumping into the river behind our greenhouse. This area is limited,and since we no longer have the Barnhart and Elm Street lo available, we will have to haul to the Devries Avenue area (north of the ballfield.) A new cab has been installed on the old Mack truck and is now back in service. / " '••J* �^3/ i'' -i -5The Peekskill Resource Recovery plant starts its testing procedures. We are required to bring our solid waste to Peekskill this week. There will be no charge for dumping during the test period. We are salvaging the engine, transmission, tires, battery and alternator from the junked police car 506. The mechanics replaced the engine in car 508 with rebuilt unit. Following a short discussion as to call-out procedures during emergencies which was discussed at a previous work session, Trustee Timmings moved that the public works committee continue to investigate this area, seconded by Mayor Zegarelli. Carried. 0> POLICE & LIGHT Trustee McBride stated that a letter has been received from the Westchester County Youth Bureau that our application for State aid for 1984 has been approved by the Division of Youth. Trustee McBride read letters from Fire Chief Amesbury commending '' Det. Ferguson for his efforts in the arrest and conviction of two people who had pulled false alarms and also commending Officers Biro and Schrank for their quick action during a fire at 3 Terrace Close. Trustee McBride moved, seconded by Trustee Lofaro that copies be placed in their folders. Carried. Trustee McBride read a letter from Mrs. M. Lewis, 115 Gordon Ave., '' commending Sgt. L. Hayward for his quick thinking in helping to avert a disaster in her home and moved that the letter be placed in his folder, j seconded by Trustee Lofaro. Carried. \ Trustee McBride stated that he is in receipt of a report on the j on-going parking violations and $2548 in fines has been collected. Warrants! are continuing to go out, he said. j « \ Trustee McBride moved, seconded by Trustee Lofaro that specifications ; be prepared and bids be returned on February 14, 1984 on a 1984 police car. 5' V Trustee Buonanno amended the motion that money will come out of this year's current budget, seconded by Trustee Timmings. On the amendment, carried. M !• <!•' On the motion, carried. FINANCE Trustee Buonanno reported a balance of $77,990.08 in the General Fund as of January 23, 1984. Trustee Buonanno moved, seconded by Trustee Timmings that action of the Treasurer in depositing certificate of deposit notes in the First National Bank of North Tarrytown at 8% in the amount of $200,000 be confirmed. Carried. Ill �7^ -6Trustee Buonanno stated that the law passed under ETPA by the Village in 1977 for senior citizens is working contrary to the Village needs. He stated that there is a family in a six family house who is only obligated to pay a certain amount of rent per month because of income and the Village picks up the difference. He noted a bill from a landlord who will be paid back more than what he paid in Village taxes under this law. Following a short discussion, Trustee Buonanno moved, seconded by Trustee Lobato that the matter be referred to Counsel for a report at the next meeting with the intent to abolish the ETPA section of this law. Carried. He stated that it was not the intent of the Board to let those who do not have ways and means to pay their rent to go unheeded. There are other sections of the law to fill their needs, he said, such as Section Trustee Buonanno stated that he, together with Trustee Lofaro and the Assessor, have been working on the 1984-85 Assessment Roll. He stated that they spent many hours working on the roll and have submitte vouchers for payment at a suggested rate of $10 per hour. This was discussed in the previous work session, he said. Trustee Buonanno moved that a fee of $10 per hour be established f those working people working in preparation of the 1984-85 assessment roll. Once we get beyond February 1st, the rate of pay for the assesso will revert to the budgetary amount, said Trustee Buonanno, seconded by Trustee McBride. 1 On the question, Mayor Zegarelli stated that according to law, he did not think that a Trustee can be paid for more than what a person is paid to do as a Trustee. Following a short discussion, Counsel was instructed to obtain an opinion, on the payment of the Trustees' vouchers and that Mr. Soares1 voucher be approved. Carried. Trustee McBride stated that Somers Contracting Co. has submitted a voucher in the amount of $3000 for payment which was withheld until sue time as he corrected certain conditions at the new Village garage. The Supt. of Public Works has approved payment, said Trustee Buonanno, and moved that Somers be paid the amount of $3000, seconded by Trustee Timmings. Carried. Trustee Buonanno stated that Counsel was authorized at the last meeting to proceed on the Galvez litigation matter which was pending and now finalized. Trustee Buonanno moved, seconded by Trustee Timmings that the following resolution be adopted: RESOLVED that the Village Attorney be authorized to sign the necessary Stipulations for filing with the Court discontinuing this action and further resolve that the Village Treasurer be authorized to issue a check in the amount of $5,000 payable to Leonard J. Gregorio, Public Administration, and Fotopoulos, Rosenblatt, Green, Frasciello and O'Connor, attorneys, in full satisfaction of this claim. Carried. •—«w* �^ 3 ^ -7TAX EXEMPT Trustee Lobato reported "progress". LABOR RELATIONS Trustee Timmings stated that a letter of confirmation was received from the PERB mediator that a hearing on negotiations with the Teamsters union will be held on January 26th at 8 P.M. Trustee Timmings stated that according to a memo from Counsel, the hearing with the arbitrator regarding police negotiations will be held on March 12th at 10 A.M. Trustee Timmings stated that John Biros has a couple of public works grievances which will be handled according to procedure. 79 COLLEGE AVE. A meeting will be held after this meeting. RECREATION In the absence of Trustee Maceyak, Trustee Lobato gave the following report: Registration for this week's ski trip to Belleayre and Butternut ends tomorrow. Skating is in full swing at the Tarrytown Lakes. Over 1300 residents have participated so far this winter. ADMINISTRATION Trustee Buonanno stated that because of Lincoln's Birthday, the holiday falls on Monday, and moved that the next Board meeting be held on Tuesday, February 14th instead of February 13th, seconded by Trustee Lobato. Carried. Trustee Buonanno stated that a memo will be sent to department heads regarding a safety seminar to be held at the Frank B. Hall offices in Briarcliff. Date and time will be announced later. Counsel Ponzini reminded the Board of Grievance Day which will be held on February 21st and that the Board is required to attend to hear grievances. Trustee Lobato moved, seconded by Trustee Buonanno that the following meetings be held during the month of February: February 14th, February 21 (Grievance Day-4 - 8 P.M.); and February 27th. Carried. Trustee Buonanno stated that he sent a letter to Union Hose Company regarding problems that were taken care of % . He stated that someone in the company turned the control valve to manual which could have resulted in a disaster. The following is a paragraph of his letter which was read during the meeting: �-8"I must now address the near disaster that could have taken place as a result of someone in your company, who well-intended, turnei the control valve to manual which could have blown up the boiler. I ask that you convey to your membership that they are not to touch the systems, particularly without informing anyone of their action. I am sure that we have a mutual goal, which is to provide the volunteer firemen with the proper equipment and facilities. However, we must also protect these same items from damage by having unqualified individuals tamper with any systems." Trustee Buonanno moved, seconded by Trustee Lobato that the Mayor memo to department heads regarding employment status of part-time parks employees be confirmed by the Board. Carried. Trustee Buonanno offered the following resolution, seconded by Trustee Timmings: WHEREAS Almighty God has seen fit to take unto Himself the soul of the late Mary Ward, and WHEREAS the said Mary Ward was a former Trustee of the Village of North Tarry town and a resident of the Village for many years having been held in the highest esteem by all those who knew her, now, therefore, be it RESOLVED that the Board of Trustees take official notice of Mary Ward's death, and be it further RESOLVED that this resolution be made a part of the official minutes of this meeting and a copy sent to the family of the deceased. CARRIED UNANIMOUSLY. Trustee Buonanno offered the following resolution, seconded by Trustee Timmings: WHEREAS Almighty God has seen fit to take unto Himself the soul of the late Carl E. Nyman, and WHEREAS the said Carl E. Nyman was a former Trustee of the Villag of North Tarrytown and past resident having been held in the highest esteem by all those who knew him, now, therefore, be it RESOLVED that the Board of Trustees take official notice of Carl E. Nyman's death, and be it further RESOLVED that this resolution be made a part of the official minutes of this meeting and a copy sent to the family of the deceased. CARRIED UNANIMOUSLY. MAYOR'S REPORT: Mayor Zegarelli stated that he is in receipt of certified letters of grievances from Lucyk and Kahn, on behalf of George Crouch, John Vincek (2), Douglas DiCairano and Ken Berry and moved that they be referred to Counsel for proper handling, seconded by Trustee Buonanno. Carried. �•aav -9Mayor Zegarelli stated that he sent a letter to Congressman Ottinger on behalf of the Village on his retirement and thanking him for all his work. Mayor Zegarelli stated that there will be a meeting of the Administrator/Manager committee on February 1st. Mayor Zegarelli stated that a letter was sent to the Village of Tarrytown regarding the Senior Citizens van to be discussed at a joint meeting of the Boards. Mayor Zegarelli stated that a letter has been received from the Westchester Restaurant and Tavern Association regarding a seminar to educate licensees on their responsibilities and obligations, at the San Roc Restaurant in Hastings on Jan. 25th and anyone interested could attend. Mayor Zegarelli noted a letter from the New York Telephone Co. regarding taxation of the New York Telephone Company station equipment which will be referred to finance committee. Mayor Zegarelli noted a letter received from the Town of Mt. Pleasant that the names submitted by our Board of Mrs. F. D'Alessandro and Mrs. J. Vydareny as commission members on the Town Senior Citizens Council was confirmed. Mayor Zegarelli stated that a letter was received from Richard Gross, Sec't. of the apparatus committee, that their apparatus committee reviewed the amended bid proposals submitted by Tyler Fire Equipment and found them acceptable regarding all items directly related to the design and construction of the firematic component parts and that the Board should accept the bid of the A.A.A. Emergency Supply Company also. Mayor Zegarelli noted a memo from Pat Lofaro for a meeting to be held with representatives of the committee, commission and the Board to discuss Urban Committee funds for recreation. A meeting will be held on February 7th. Trustee Lobato stated that candidates will be screened for the park foreman position. Trustee Buonanno moved that the salary range for park foreman be $14,500 - $16,500 commencing at $14,500, $1,000 increment for each year, plus whatever adjustments are made in the contract and that the commission be notified of same, seconded by Trustee Timmings. Carried. Communi cat ions Communication from Major Annie Kirby, Salvation Army, requesting permission to have a loading zone in front of their Thrift Store at 80 Beekman Avenue was read and referred to the Chief of Police for a report. �-10UNFINISHED BUSINESS In connection with the Tree Local Law, Trustee Timmings moved, seconded by Trustee Lobato that the following Tree Local Law No. 1 of 1984 be adopted: (Copy in detail official minutes) Trustee Timmings moved, seconded by Trustee Buonanno that a letter be sent to Curtis Heath notifying him that the Tree Local Law was adopted and that he be thanked for his efforts. Carried. NEW BUSINESS Trustee Timmings commented on the letter received from the Speaks of the House, Stanley Fink, regarding a summary of major consumer legislation approved by the Assembly, including the lemon law and mow that a letter be sent to our representatives requesting that they exti the lemon law to all products sold in New York State, seconded by Trustee Buonanno. Carried. The following election resolutions in connection with the forthcoming Annual Village Election were taken up: Trustee Buonanno moved, seconded by Trustee Timmings that we haw ten (10) Election Districts, the same as used in the Town Election of this Village, except that District #21 and District #33 in the Town Election shall be #9 and #10 respectively in the Village Election. Cai Trustee McBride moved, seconded by Trustee Buonanno that Registr Day be held on March 10, 1984 from 12 noon to 9 P.M. Carried. Trustee McBride moved to have Registration in the lobby of the Municipal Building, seconded by Trustee Lobato. Carried. Trustee Timmings moved, seconded by Trustee Buonanno that Electi Day be held on March 20, 1984. Carried. Trustee Lobato moved, seconded by Trustee Timmings that hours foi Election Day be from 7 A.M. - 9 P.M. Carried. Trustee Buonanno moved, seconded by Trustee Timmings that the Clerk be authorized to publish and post the proper notices of Registn and Election Days and also purchase the necessary supplies. Carried. Trustee Buonanno moved, seconded by Trustee McBride that the mat of requesting the loan of eleven (11) voting machines from the Towno Mt. Pleasant for use in the Annual Village Election to be held on March 20, 1984, be left in the hands of the Administration Committee, also the placing of rails, booths, etc., in the polling places. Carri Trustee Timmings moved, seconded by Trustee Lobato that Voting machines be used in the forthcoming Village Election on March 20, 198 Carried. Trustee Lobato moved, seconded by Trustee Buonanno that the Administration Committee be directed to ascertain if the same pollinj places are available at the same rental, $50.00 for Election Day. Car �~?3 7 -11Trustee Buonanno moved, seconded by Trustee McBride that $4.25 per hour be paid to Election Inspectors on Registration and Election Days. Carried. Trustee McBride moved, seconded by Trustee Timmings that the Chairperson be paid $5.00 extra. Carried. In connection with the recent job action by several employees in the public works department, Trustee Buonanno moved, seconded by Trustee Timmings that a letter be sent to the Teamsters Union telling them of our displeasure regarding the recent job action pertaining to call outs due to stormy weather. Carried. While the matter has been resolved, we want to be on record. : Trustee Buonanno moved, seconded by Trustee Timmings that the bills submitted on the General Fund and Water & Sewer warrants dated Jan. 23, 1984 be paid after approval by department heads and that the Treasurer be authorized to pay same and that a copy of this resolution be attached to the warrants. Carried. ,s )i\\ M> There being no further business to come before the meeting, Trustee Timmings moved, seconded by Trustee Lobato that the same be duly adjourned. Carried. a Respectfully submitted, .^-^t^f-d - Filomena Fallacaro Clerk q lr �/ VILLAGE OF NORTH TARRYTOWN INTERNAL MEMORANDUM Mayor & Board of Trustees To prom F. Fallacaro Subject Amendments to minutes 1/20 Date ,, AdmJ.nistratjjonn Should read as follows: , Trustee Buonanno moved that the Village Attorney be authorized to prepare the necessary contract to hire Frederick B. Clark Associates for consulting services, seconded by Trustee Lofaro. Carried. Trustee Buonanno moved that the Village Attorney hire an appraisal to investigate tax litigation matter on behalf of the Village, seconded by Trustee Lofaro. . Carried. o w (^(WJ^A C ^ ~ L ' �«?3 TREKS Local Law Ko.^/ of 19* & 1. Declaration of Policy 2. Definitions 3- Village Tree Commission and Tree Foreman 4. Annual Reconmendations of Tree Commission 5- Unlawful injury or destruction of Trees on Public Property 6. Trees on Private Property Constituting Public Nuisance 7. Perrdt Required fcr Injuring or Destroying Trees; Exceptions P. Appeals 9. Penalties 10.Inconsistent laws Repealed 11. Severability 12. Effective Date NORTH TArtRYTOV/N CODE Be it enacted by the Board of Trustees of the Village of North Tarrytown, WestChester County, New York, as follov/s: 1. Declaration of Policy The planting and maintenance of trees have a direct relationship to the health, safety and welfare of the comromity, inasmuch as trees provide shade, reducing the need for air conditioning, absorb air pollution and provide oxygen to the air, stabilize soil and reduce erosion and flooding, offer a natural barrier to noise, and enhance the beauty and appearance of the Village of iiorth Tarry tov/n. Conversely, indiscriminate and excessive cutting of trees and damage to trees in subdivisions and on private property cause barren and unsightly conditions, increase surface drainage problems, increasing municipal expense to control drainage, impair the stability and value of improved and unimproved real property and cause deterioration cf the community, all of which adversely affects the health, safety and general velfare of the inhabitants of the Village of Korth Tarrytov-n. 2. Definitions A. "Person" means any individual, firm, partnership, association, corporation, public agency, public utility or organization of any kind, and any agent thereof. �2B. "Tree" neans any living, woody plant, its root system and the area within the o\ ter limits of its branches, (a) having a trunk diameter of '- inches cr more measured at a height of 4)4 feet fror. t» e ground, cr (h) consists of important forest vegetation of any siz^, such as dogwood, ar.eelar.chier or -mountain lav.rel. C. 'Public Property " means f^verv street, highway, public right-of-way to the full viclth between property lines of property owned by persons other than the Village, every public park owned by the Village, and all other property owned by the Village. D„ "Private Property" means all property not constituting Public Property except cernftaries, public parks operated as such by governmental bodies other than the Village, properties owned by the National Trust for Historic Preservation ~-nd by- Sleepy Hollow Restorations, Inc. (or their successors having essentially the sane functions) and property operated as a nursery. E. "Destroy" with respect to any tree means any action that either immediately.or within the course of tine will cause' the death of the tree. 3* Village Tree Commission nnd Tree ?oreman The" Beard of Trustees shall establish a Village Tree Commission consisting of five members, namely, a member ofvthe llannir.g Board, two members of -she Conservation Advisory Council, the Village officer or employee who has supervision of the maintenance of streets, &nd a member from the public at large. The Board shall a3sc appoint a Tree Foreman, who may or may not be a member of the Tree Commission. The members of the Tree Commission and the Tree Foreran shall serve for such terms as may be fix^ri by the Board. The Tree Foreman shall be under the directi n of the Tree Commission. The members ol' the Tree Commission shall receive nc ccm^er.sati(n for their services, but msy be allowed t!<e necessrry expenses which shall be incurred in the ferformancc of their duties ur.der this Local Law. The Tree Foreman shall! receive si-ch compensation as �<*</./ 3may be fixed by the Board. All determinations made by the Tree Commission shall br %y majority vote of those members present at a meeting. Three members shall constitute a quorum. The Tree Commission and the Tree Foreman shall oves*Big&&e all tree work on Public Property, including the work approved by the Board of Trustees under Section 4- hereof. 4. Annual Recommendations of the Tree Commission Annually, on or before June 1, the Tree Commission shall submit to the Board of Trustees a report making its recommendations as to the planting, pruning and removal of trees on Public Property. 5» Unlawful Injury or Destruction of Trees on Public Property No person shall destroy, injure or disturb ar.y tree on Public Property, or perform any digging operation (by machine or otherwise) within the root system of any such tree, without the/SFi??en approval of the Tree Commission, which shall include in such written approval such conditions as it may deem appropriate to preserve the health of any tree to remain standing.. 6. Trees on Private Property Constituting Public Nuisance \7henever the Tree Commission or the Tree Foreman shall find that any tree on Private Property, by reason of its condition or its intrusion (including intrusion of roots) into Public Property, constitutes a harprd to vehicular or pedestrian traffic, the use of fire apparatus, an interference with street lighting or an interference with the maintenance of Public Property, the Tree Commission or the Tree Foreman may issue an order to the owner or owners of said Provate Property to prune or remove said tree or its roots, at his or their own expense, so that it will no longer const^ttite such hazard or interference. If such order is not complied with within 60 days, such tree may be pruned or removed by the Village, to the extent specified in such order, and the expense of such pruning or removal shall be assessed on the tax rolls against the owner or owners of said property unless such expense is promptly reimbursed by �*f. said owner or owners. i 7* Ternit Hequired Tor Injuring: or Beasroyinf: Trees: kxcepti; ns A. fro perron shall purposely or negligently cut do-u, remove, kill or otherwise destroy, alter the grade aound, or connJit any act that will lead to the eventual destruction of any tree on Irivote Iroperty unless a pernit to do so has been issued by the Tree Coram is si on, but this Section shall not apply to actions on any parcel of property not exceeding one acre in area nor to the destruction of any tree that becavse of disease or overage constitutes, in the opinion cf the Tree Commission, a hazard to persons, property or other trees r Y/ithoitt Uniting the generality of the foregoing, the primary responsibility for obtaining a pemit, where one is required, shall be the landowner's. For the purpose of the foregoing one acre limitation: \1) where two or more contiguous lots are owned by the sane person, such lots shall be coerced to he one parcel,'end * (2) submerged land and lane comprising part of the wetlands adjoining lokahoe Drive and birch Close shall not be counted* • ' * B- (l) Applications fcr permits shall be in writing on fcrnis prescribed, by the Tree Commission, and shall be acccrnranied by plans shoving (a) existing and proposed buildings, if any; (b) trres to be destroyed, by type, sizes and locations; (c) r.rorosed replacement trees, by type, sizes and location; and (d) in case nore than 10 trees are to be destroyed, existing and proposed contours at two foot intervals on mays or plans at a scr»le no smaller than 1 inch equals 50 feet. The application shrll set forth i i �-^Ki the re asons for the destruc ion of the trees to he destroyed. The Tree Commission may require additional information, such as the design of walls, disposition and design of roads, driveways and storm drainage and any other information pertinent to the individual circumstances.. In cases where no constru ction is involved, the Tree Commission may, in its discretion, waive any of the requirements of this Section relating to the content of applications. (2) In the case of any owner of property having an area of more than ICO acres, the Tree Commission may^annual permits authorizing the usual practice of such owner in thinning out overgrown areas and removal of diseased, dead or overaged trees. The application for such a permit, need only state that the permit is sought for the foregoing purposes. No such permit shall be applicable to any area on which construction is in progress or is being planned. The.Tree Commission shall have the right to inspect operations under such permit, either by members of the Commission or the Tree Foreman or through a duly qualified tree arborist, and to revoke such rermit if it finds such operations are Inconsistent with the policy of this Local Law as stated in Section 1 hereof. • iffl I { ill . •I I M : ' t ' i"; (3) Each application for the permit under tftis Section shall be accompanied by a fee of $20, payable to the Village Clerk. C. The Tree Commission, within 30 days from the date the application is submitted in final form, shall approve or 'disapprove the application for permit. The failure to act v'ithin such 30 days shall be deemed a granting of automatic approval by the Tree Commission of the application for rermit. 1). The decision of the Tree Commission shall be based on the following criteria: 1 6 resrppl condition of the trees to be destroyed v&th zo )^^ 1 u disease, age and hazard, the A~J>2) Yhe oecessi.tv of the .destruction to accomplish design or plans or the applicant, ? ^ i*4~™ .—.<» •• <••»•** ;:;»,-.-., * * » w 1 V i t •'• tflv �6. (3) the* effect of the destruction on ecological systems, (4) the character to be established at the proposed site with respect to existing vegetation in the immediate vicinity, and (5) good horticultural and vegetation management practices. E. Notice of each aYpTioa^Lon shall be sent by the Tree Commission to each owner of Private Property within 200 feet of the property for which the permit was sought, stating where the application for permit and the permit may be examined. Such owners shall have the right of appeal provided for by Section 8 hereof, P. Any permit issued by the Tree Commission may require the planting of replacement trees, by sizes, types and location. Wherever in thig Local Lav; replacement trees are referred to, such replacement trees need not have the 4- inch diameter referred to in the definition of "tree" herein. G. If any parking lot is to be constructed, having an area of more than one-quarter acre, on any property'with respect to which an application for a permit is made, the Tree Comnissio shall require in the permit issued that at least 15 % (measured! by crown breaths) in area of such parking lot shall be covered by; ;fcrees or bushes (including any replacement trees or bushes), at the completion of the parking lot. H,Y/here a permit provides for extensive tree cutting and/ or tree replacement, the. Tree Commission may require the applicant to pay the cost of an inspector assigned by the Tree Commission to supervise the work. I. The holder of a permit shall perform the work required in a permit in a prompt and orderly v/ay in accordance with accepted planting and tree surgery practices, including backfilling all holes, replacement of trees irrevocably damaged during construction by one or more other trees, removal of stumps and debris, all subject to approval by the Tree Commission. All trees within 30 feet of any excavation or bulldozing for any structure shall be adequately guarded by a fence, frame or box or otherwise during the construction , and all equipment, building materials, chemicals, dirt and 1 1 1 �r -Z9 7. other debris shall br kept at least 4 feet from each tree. Any tree (including replacement trees) which shall fail to survive for a period of 2 years following completion of work on the premises shall be replaced at no expense to the Village by the permit holder, or the then owner of the property if oth er than the permit holder, within 60 days following written demand by the Tree Commission (or, if the demand is made between October-,31 in any year and April 1 of the following year, within 60 days after such April & ) # J. In the event that the work reouired by the. foregoirg Subsections F,G,H and I shall involve an expenditure of over $5,000, as estimated by the Tree Commission, the applicant for* a permit shall furnish the Village v/ith a performance bond approved by the Village Attorney in an amiaount sufficient to cover 90% of such estimated cost. The remaining 10% of such estimated cost shall be in cash deposited in a special tree preservation escrow to be established by the Village Treasurer. Upon completion of all planting and restoration, to the satisfaction of the Tree Commission, the performance bond shall be cancelled and replaced by a maintenance bond approved by the Village Attorney to run for a term to be fixed by the Tree Commisrion but not in excess of 2 years. The 10% cash deposit sh«?ll remain on deposit with the Village Treasurer until the maintenance bond is cancelled. In the event the planting and restoration work has not been completed v/ithin 6 months of the granting of the permit or for such extended period as the Tree Commission shall have approved, in writing, the Village' shall have the right to consider the site abandoned, the permit shall be cancelled and the bond and escrow deposit shall then be applied to perform all planting and restoration work that is required. The acceptance of a permit shall constitute an agreement that the Village may enter upon the property in question for planting and restoration purposes. Should the cost of replanting and restoration exceed the amount of the bond ond cash deposit, the balance shall be a lien on the projerty. <:\ VA i - h ti ii'fl I h •-. H ( .! P 'f J K. The Tree Commission shall have the right to refuse to issue a permit for the destruction of trees if it feels the best interests of the public are not served by the proposed des- ..•^^-^••»*-*i*>"» •• u »*-.•^ * » « r v » « * * > ^ - I Si fErJSwSP^""'-* . J—>" • Ii �truction. It may also revoke nny permit if the work is net proceeding according to the terns of the application or the .permit and in an orderly rnd diligent manner or if, in the judgment of the Tree Commission, there was any misrepresentation in the application for the permit. L. In any case where construe ion has "been or is taking place on any parcel of Private J'roperty exceeding one acre in area, no certificate of occupancy shall be issued by the Buildiing Inspector or other authority until the Tree Commission shall certify to him in writing that no violation of thial Local Lav/ exists and that all work required by this Local Law or any permit has been satisfactorily completed, except that, between the October 31 in any year and the April 1 of the succeeding year, such may be issued upon the submission of an agreement in writing by the person to whom the permit was issued, engaging compliance on his part with all requirements here/and completion of required planting and restoration work to the satisfaction of the Building Inspector or other authority on or before the Kay 1 of the ye^r next succeeding such October 31. The bond and escrow deposit shall continue until the planting and restoration work thus deferred is conpieced. Should the person to whom the permit was issued fail to conplete the planting and restoration work on or before such Kay 1, ~the Tree Commission shall have the right to declare the performance bond am default and to apply the.proceeds thereof and the escrow cash deposit to the completion of the required work, and to enforce as a lien upon the property any deficiency. i M. In addition to the plantings required by this Section, the Tree Commission shall, by the terms of any permit relating to property exceeding 5 acres in area, require the planting of trees of appropriate type and in sufficient number effectively to screen the propexrty and all roads abutting said property, to the satisfaction of t?he Tree Commission, unless the Tree Commission finds that existing trees are sufficient for the purpose. This subsection and its requirements shall be subject to the requirements of Subjection J of this Sceti<n with respect to the posting of bonds and making of cash deposits.. �°^7 9. K. In any case where destruction is required because of risk cf imminent injury to persons or damage to property and the nembr rs of the Tree Commission and the Tree Foreman cannot be located, any member of the Board of Trustees or the Building Inspector may issue a permit instead of the Tree Commission. 8. Appeals : Any rerson aggrieved, affected or interested in any decision of the Tree Commission shall have the ri ht, within 1C days from the date of the decision of the Tree Commission, or within 10 days of receipt of notice of such decision, to apreal to the Board of Trustees, which shall review the decision. 3 ending such review, the decision shall be stayed. 9- Penalties A* Any person violating any of the provisions of thislocal Law shall commit an offense, the fine for which shall not exceed SI,000. The destruction or injury of each tree shall be deemed a separate offense. B. In addition thereto, any person violating any provision of this local Lav; shall be subject to a civil penalty enforceable and collectible by the Village in the amount "of/SlCO each and every day the violation continues, for each. and every tree. In addition thereto, the violator will be required to replace each and every tree destroyed. 10. Inconsistent Laws Repealed any provision of any Local Haw or ordinance inconsistent with any provision of this Local Lav/ is hereby repealed. 11. Severability the invalidity of any provision of this Local law shall not affect.the validity of any other provision hereof which can be given effect without such invalid provision. • 12. Effective Bate This Local Law shall take effect immediately. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-1984 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_1984-01-23 Subject The topic of the resource Board of Trustees Minutes-1984 Date A point or period of time associated with an event in the lifecycle of the resource 1984 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text