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Village Board of Trustees Agenda 5/7/2012
VILLAGE OF TARRYTOWN
BOARD OF TRUSTEES
REGULAR MEETING 8:00 P.M.
MONDAY, MAY 7, 2012
Tarrytown Village Hall
One Depot Plaza, Tarrytown, New York

8:00 P.M.:  REGULAR MEETING

1  Pledge of Allegiance

2  Miscellaneous and Liaison Reports

3  Changes and/or Additions to the Agenda

4   Village Administrator’s Report

5  PUBLIC HEARING – AMENDMENT TO CHAPTER 305, ZONING, SECTION 305-134. E.  ADDITIONAL MATERIAL TO BE SUBMITTED

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of May, 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 Chapter 305, Zoning, Section 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)     Applicants must provide an estimate of the utility costs associated with new homes, 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

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) to require additional information to be submitted with applications to the Planning Board.

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

WHEREAS, a notice of public hearing was published in the Journal News on April 20, 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.

6  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

7  Resolution – Award of Bid for Pierson Park Rehabilitation and Andre Brook Restoration Project

WHEREAS, bids were opened on April 2, 2012, for the Pierson Park Rehabilitation and Andre Brook Restoration Project, and;

WHEREAS, the Village has grant funds for this project totaling $3,112,827 from the New York State Department of State, and;

WHEREAS, the Village has grant funds for this project totaling $167,000 from the U.S. Department of Agriculture; National Resources and Conservation Service, and;

WHEREAS, the Village has grant funds for this project totaling $100,000 from the New York State Office of Parks Recreation and Historic Preservation, and;

WHEREAS, eleven bids were received and the bids received are listed below:


  •         ELQ Industries, Inc.                                    $3,247,756.00
  •         Avanti Building Construction Corp.                      $3,258,847.50
  •         DiMarino Bros. Contracting, Inc.                        $3,377,650.70
  •         Bradhurst Site Construction                             $3,439,000.00
  •         Landscape Unlimited, Inc.                               $3,497,393.00
  •         Vernon Hills Contracting Corp.                          $3,604,084.65
  •         McNamee Construction Corp.                              $3,963,000.00
  •         MVM Construction, LLC                                   $4,145,000.00
  •         Petrillo Contracting                                    $4,170,011.00
  •         Grasso Bros. General Contracting                        $4,248,975.00
  •         Fourmen Construction, Inc.                              $4,244,260.81
and

WHEREAS, the Village’s Consultant, RGR Landscape Architecture, has reviewed the bids and recommended awarding  the bid to ELQ Industries, Inc.; and

WHEREAS, staff has reviewed the bids and the evaluation of the bids by the Village’s Consultant and concurs with the recommendation.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the Pierson Park Rehabilitation and Andre Brook Restoration Project, to the lowest responsible bidder, ELQ Industries, Inc., of New Rochelle, New York per their bid of $3,247,756.00.  

BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with ELQ Industries, Inc. for the Pierson Park Rehabilitation and Andre Brook Restoration Project.

8  Resolution – Award of Bid, Construction of Commuter Parking Lot on Green Street

WHEREAS, bids were opened on April 24, 2012, for the Construction of a Commuter Parking Lot on Green Street; and

WHEREAS, the Village has a New York State Multi-Model Grant totaling $250,000; to be used for this project, and

WHEREAS, eleven bids were received and the bids received are listed below:

  •         Bradhurst Site Construction                             $657,140.00
  •         ELQ Industries                                          $664,523.25
  •         Paladino Concrete Creations                             $676,108.41
  •         Landi Contracting                                               $690,953.70
  •         Contact Construction Technology                 $710,000.00
  •         DiMarino Brothers                                               $702,329.38
  •         R. Pugni & Sons                                         $709,505.00
  •         Bilotta Construction                                    $770,995.97
  •         TWI Construction                                                $771,558.00
  •         Fourmen Construction                                    $836,002.75
  •         Waters Construction Co.                                 $931,469.75
and

WHEREAS, the Village’s Consultant on the project, Hudson Engineering Consulting, has reviewed the bids and recommended awarding the bid to Bradhurst Site Construction; and

WHEREAS, staff has reviewed the bids and the evaluation of the bids by Hudson Engineering Consulting and concur in their recommendation.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the Construction of a Commuter Parking Lot on Green Street to the lowest responsible bidder, Bradhurst Site Construction, of Valhalla, New York per their bid of $657,140.00.  

BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with Bradhurst Site Construction for the Construction of a Commuter Parking Lot on Green Street.

9  Resolution – Authorizing Assistant Village Engineer to Sign Westchester County Health Department Submissions

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes Assistant Village Engineer Donato Pennella, P.E. to sign all permits, applications, transmittals, and submissions required by Westchester County Department of Health on behalf of the Village of Tarrytown in the absence of Michael McGarvey, Village Engineer.

10  Resolution – Execution of Agreement with Community Markets
BE IT RESOLVED that the Village Administrator is hereby authorized to execute an agreement with Community Markets for the operation of the 2012 Farmers Market from May 26, 2012, to November 17, 2012.

11 Resolution - Appointment of Seasonal Employees, Recreation and Parks Department
BE IT RESOLVED that the Board of Trustees hereby appoints Carlos Luis to the  position of seasonal laborer in the Recreation and Parks Department at an hourly rate of $11.25 per hour working sixteen (16) hours per week, commencing on May 9, 2012 and ending on September 27, 2012.
BE IT FURTHER RESOLVED that the Board of Trustees hereby appoints Lou Ballas to the position of seasonal laborer in the Recreation and Parks Department at an hourly rate of $9.00 per hour working forty (40) hours per week, commencing on May 9, 2012 and ending on August 24, 2012.

12  Resolution – Amendment to Master Fee Schedule

BE IT RESOLVED that the Master Fee schedule for the Village of Tarrytown is hereby amended as follows:
                                        FROM                                    TO
        Building Permit         $50.00 Plus                             $50.00 Plus

        Renovation              $10.00 per $1,000               $15.00 per $1,000

        New Residential $1.25 per square foot           $2.00 per square foot
        All floor areas

        New Commercial  $2.00 per square foot           $3.00 per square foot           
        All floor areas

       Parking Permit          Resident $275/year;             Resident $350;
                                        $215/semi-annual                        $275/semi-annual
                                        
                                        Resident Carpool                        Resident Carpool
                                        $275/year plus $50              $350/year plus $65 for
                                        each additional car             each additional car

                                        Non-Resident $1,075/year;       Non-Resident $1,150/year;
                                        $655/semi-annual                        $895/semi-annual

                                        Non-Resident Carpool            Non-Resident Carpool
                                        $1,075/year plus $100           $1,150/year plus $130
                                        for each additional car         for each additional car

13  Resolution – Schedule Public Hearing, Compatible Use Permit for The Castle at Tarrytown

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby schedule a Public Hearing for the regular meeting of May 21, 2012, at 8 p.m., at Village Hall, One Depot Plaza, Tarrytown, New York, to consider amendments to the compatible use permit issued for The Castle at Tarrytown.

14  Resolution – SEQRA for Tarrytown Lakes Trails

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby declare itself to be lead agency in relation to the Tarrytown Lakes Trails restoration and expansion project; and

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown has reviewed all documentation in regards to this proposal and finds that this project  does not exceed any Type I threshold in 6 NYCRR, Part 617.4; and

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown finds that the project poses no adverse environmental impact and does hereby issue a Negative Declaration in regards to the Tarrytown Lakes restoration and expansion project.

15  Resolution - Support for Historic Hudson River Towns Grant Submission

WHEREAS, the Village of Tarrytown hereby acknowledges and supports the Historic Hudson River Town’s grant submission to the Greenway Compact Grant Program for partial funding for a project entitled “HudsonRiver.com: Online Regional Itinerary Building” ; and

WHEREAS, the Historic Hudson River Towns has historically operated on an intermunicipal level to assist and promote a member municipality’s tourism and economic development activities; and

WHEREAS, the grant application for implementation projects requires that at least 50% of the member municipalities that benefit from the grant are Greenway Compact Communities;

NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Tarrytown hereby does approve of the Historic Hudson River Towns grant application under the Greenway Compact Grant Program for a project knows as “HudsonRiver.com: Online Regional Itinerary Building.”

16  Approval of Audited Vouchers

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve Abstract No. 20 of Audited Vouchers in the total amount of $1,618,945.31 as presented by the Village Treasurer.

17  Adjournment