Board of Trustees
Village of Tarrytown
Regular Meeting No. 11
August 17, 2009 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees, Butler, Hoyt, McGee, and Zollo; Deputy Village Administrator Hart; Village Attorney Shumejda; and Village Clerk Booth
ABSENT: Trustees Basher and McGovern
REPORTS
Mayor Fixell reported on the following:
- On Friday, July 31, 2009, at approximately 11:45 p.m., Tarrytown Police Department Officers Greg Budnar and Chris Caioli had completed their tour of duty and were leaving headquarters. As the officers proceeded northbound on the Tappan Zee Bridge they observed a vehicle stopped in the traffic lane. The driver exited his vehicle, removed his shoes and climbed onto the railing. The officers pulled behind him and alerted the New York State Police via cell phone. As the officers exited their vehicles the subject jumped down from the railing and re-entered his vehicle and appeared to have changed his mind. The officers followed him northbound toward the midpoint of the bridge where he suddenly stopped and once again bolted toward the railing. The officers were able to grab him as he climbed over the
railing and restrained him until the State Police arrived. The Board of Trustees would like to commend Police Officers Budnar and Caioli for their quick thinking and selfless actions which resulted in saving the life of this individual. As always, we are proud of our officers who are doing their job even when they are not officially on duty and, as shown here, they always have the public’s safety in mind.
- Concerts in the Park – Friday, August 21st, the Jazz Arts Forum will be sponsoring the Terry Silverlight Group at 6:30 p.m. at Pierson Park; Also, on Friday, August 21st, Third Friday’s theme will continue the sidewalk sales, dancers from the YMCA and the Fire House Grill will be open and much, much more; Thursday, August 27th, the Tarrytown Recreation Department will be sponsoring the Ricardo Goutreau Trio at 7:00 p.m. at Pierson Park; and Friday, August 28th, the Jazz Arts Forum will be sponsoring the George Colligan Quartet at 6:30 p.m. at Pierson Park.
- In case you missed the Mobile Shredder at the Tarrytown Village Hall, the Mobile Shredder will be coming to the Town of Greenburgh on Saturday, August 29th from 10 a.m. to 2 p.m. at Greenburgh Town Hall, 177 Hillside Avenue in Greenburgh.
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 if anyone wanted to address the Board. No one appeared.
POLICY STATEMENT – DEPUTY FIRE CHIEF’S VEHICLE
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried that the following be approved: Approved: 5-0
WHEREAS, the Board of Trustees has for years provided a vehicle for the Fire Chief, the 1st Assistant Fire Chief and the 2nd Assistant Fire Chief; and
WHEREAS, when a new Fire Chiefs vehicle was purchased, one of the three existing Fire Chiefs vehicles was either sold or utilized by another Village of Tarrytown department, thereby either providing funds to the Village from the sale of the vehicle or avoiding a cost because the Village would not have to purchase a vehicle for the department where the Fire Chiefs vehicle taken out of active service with the Fire Department is utilized; and
WHEREAS, a number of years ago the Fire Department requested that the Fire Chiefs vehicle, which would have normally been taken out of service with the Fire Department,
remain with the Fire Department to be utilized by the Fire Department as a back-up vehicle for the Fire Chiefs or for use by one of the Deputy Chiefs in emergency situations where the Fire Chiefs’ vehicles were unavailable; and
WHEREAS, the Board of Trustees agreed to the change requested by the Fire Department subject to specific requirements; and
WHEREAS, the Board of Trustees is willing to continue to allow the Fire Department to retain a fourth Fire Chiefs’ vehicle, subject to requirements which the Board of Trustees desires to include in a policy so that all parties are fully informed and aware and so that the parties will not request divergence from the policy requirements set forth herein.
NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby establish the following policy in regard to the provision of a Deputy Fire Chiefs’ vehicle.
POLICY
1. The Fire Chief’s vehicle that is normally taken out of active service in the Fire Department by the Village when a new Fire Chiefs’ vehicle is purchased may remain in service in the Fire Department. At no time, however, may more than one vehicle be used for this purpose. The vehicle may be used as a back-up vehicle for the Fire Chiefs’ vehicles should one of the Fire Chiefs’ vehicles require repair or may be used by one of the Deputy Fire Chiefs when a Deputy Fire Chief attends to a call for the fire service and the Fire Chief, the 1st Assistant Fire Chief and the 2nd Assistant Fire Chief are unavailable to respond to the call.
2. No other member of the Fire Department may use the Deputy Fire Chiefs’ vehicle unless authorized by the Fire Chief, the 1st Assistant Fire Chief or the 2nd Assistant Fire Chief in the case of an emergency.
3. The Village shall provide basic maintenance on the Deputy Fire Chiefs’ vehicle. Basic maintenance shall include but not be limited to oil changes, filter replacement, tire replacement, windshield wipers, etc. Basic maintenance shall not include major repairs, which for the purposes of this policy shall include the purchase of any part over one hundred dollars ($100).
4. Should the Fire Department make the decision to expend non-Village funds to pay for the repair, the Village’s mechanics shall utilize the part(s) purchased from non-Village funds for that purpose. The use of Village staff and the timing of repairs shall be governed by #5 hereinbelow.
5. The repair of other Village owned vehicles shall take precedence over the repair of the Deputy Fire Chiefs’ vehicle. The Village shall not expend any overtime monies for the repair of the Deputy Fire Chiefs’ vehicle or incidental to the repair of the Deputy Fire Chiefs’ vehicle. Should the repair work be sufficiently extensive that the Village’s mechanics are unable to provide for the repair or the repair will consume too much of the time of the mechanic, thereby taking the mechanic away from the repair and maintenance of other Village vehicles, the Village will not pay for the repair. Decisions regarding whether the Village mechanic should repair the Deputy Fire Chiefs’ vehicle are at the sole discretion of the Village Administrator. The Fire Department may decide to
fund the repair from non-Village funds.
6. The Fire Department shall maintain a log associated with the use of the vehicle which shall include the following information:
- Date(s) of Use
- Fire Department Deputy Chief or Chief utilizing the vehicle
- Odometer readings each time the vehicle is taken and returned to parking lot.
- Reason for use of vehicle
7. Failure on the part of the Fire Department to comply with the requirements of this policy shall be a reason for eliminating the Deputy Fire Chief’s vehicle.
APPOINTMENT OF SEASONAL LABORERS FOR TRAILS GRANT
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the part-time appointment of Bryan Duggan, James Randazzo and Joseph Randazzo as Seasonal Laborers at an hourly rate of $9.50 effective August 3, 2009 for the purpose of the Trails Grant. Said appointment is subject to all applicable civil service rules and regulations.
CDBG – SENIOR BUS
Trustee McGee moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes and directs the Village Administrator to execute a contract with Westchester County to purchase a new hybrid senior bus, and
BE IT FURTHER RESOLVED that the Board of Trustees hereby authorizes the Village of Tarrytown to expend $29,000, with a matching grant from Westchester County and the remainder will be paid by the New York Power Authority and New York State Department of Transportation.
CONSERVATION EASEMENT – FERRY LANDINGS, SCENIC HUDSON, VILLAGE OF TARRYTOWN
Trustee Butler moved, seconded by Trustee McGee, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes and directs the Mayor to execute a Conservation Easement among Ferry Landings, Scenic Hudson and the Village of Tarrytown.
DECLARATION OF ACCESS AND EASEMENT AGREEMENT – TARRYTOWN WATERFRONT, LLC; WESTCHESTER INDUSTRIES, INC.; THE SCENIC HUDSON
LAND TRUST, INC.; AND THE VILLAGE OF TARRYTOWN
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes and directs the Mayor to enter into an agreement entitled a Declaration of Access and an Easement Agreement among the Tarrytown Waterfront, LLC; Westchester Industries, Inc.; the Scenic Hudson Land Trust, Inc. and the Village of Tarrytown.
PARK MANAGEMENT AGREEMENT – TARRYTOWN WATERFRONT, LLC; WESTCHESTER INDUSTRIES, INC.; THE SCENIC HUDSON LAND TRUST, INC.;
AND THE VILLAGE OF TARRYTOWN
Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes and directs the Mayor to enter into a Park Management Agreement among the
Tarrytown Waterfront, LLC; Westchester Industries, Inc.; the Scenic Hudson Land Trust, Inc.; and the Village of Tarrytown.
DECLARATION OF EASEMENT FOR MONITORING AREA AND GRAVITY WALL – TARRYTOWN WATERFRONT, LLC; WESTCHESTER INDUSTRIES, INC.;
THE SCENIC HUDSON LAND TRUST, INC.; AND THE VILLAGE OF TARRYTOWN
Trustee McGee moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes and directs the Mayor to execute an agreement entitled a Declaration of
Easement for Monitoring Area and Gravity Wall among the Tarrytown Waterfront, LLC; Westchester Industries, Inc.; the Scenic Hudson Land Trust, Inc.; and the Village of
Tarrytown.
THREE-PARTY AGREEMENT – TARRYTOWN WATERFRONT, LLC; WESTCHESTER INDUSTRIES, INC.; THE SCENIC HUDSON LAND TRUST, INC.;
AND THE VILLAGE OF TARRYTOWN
Trustee Butler moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes and directs the Mayor to enter into the Three-Party Agreement among the Tarrytown Waterfront, LLC; Ferry Landings; Westchester Industries, Inc.; Scenic Hudson Land Trust, Inc., and the Village of Tarrytown.
AWARD OF CONTRACT – BATHROOM RENOVATION AT PHENIX HOSE FIREHOUSE
Mayor Fixell stated that this contract was made possible by a grant that we received from the Office of Assemblyman Richard Brodsky. We would like to thank him for that; it pays for over half of the cost of the renovation of this bathroom.
Trustee Hoyt moved, seconded by Trustee McGee, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees does hereby award the contract for the bathroom renovation at Phenix Hose Firehouse to Irvington Builders, Inc. per their
proposal of $18,575; and
BE IT FURTHER RESOLVED that the contract is not awarded to the low bidder, Skillcraft Interiors, Ltd. due to their inability to meet certain requirements included in the plans and specifications; and
BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute an agreement with Irvington Builders, Inc. for the said bathroom renovation project.
AWARD OF CONTRACT – REPAVING
Trustee Butler moved, seconded by Trustee McGee, and unanimously carried that the following be approved: Approved: 5-0
WHEREAS the Village of Tarrytown, working with the Greenburgh Village Officials Committee, which includes the Villages of Ardsley, Dobbs Ferry, Elmsford, Hastings, and
Irvington, as well as Tarrytown, has developed plans and specifications for a joint paving program for 2009, and
WHEREAS the joint paving program is designed to save each of the participating Villages money based upon greater quantities and less mobilization, and
WHEREAS on July 30, 2009, the Village of Ardsley, as the Village responsible for the joint paving program, opened bids for the “2009 Road Rehabilitation Contract”, and
WHEREAS four bids were received, and
WHEREAS it is the requirement as part of the contract that each Village execute a contract with the lowest responsible bidder for the repaving work to be performed in that
Village, and
WHEREAS the lowest responsible bidder is Petrillo Contracting of Mt. Vernon, New York, per their bid of $87.26 per ton to furnish and install bituminous top coat, $3.00 per square yard for milling of existing pavement, and $400.15 per manhole and catch basin for adjustments,
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby award the 2009 road rehabilitation contract to Petrillo Contracting, 41 Edison Avenue, Mt. Vernon, New York, per their bid as fully described in the Whereas Clauses, and
BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to authorize an agreement with Petrillo Contracting for the 2009 road rehabilitation contract.
RESOLUTION – PURCHASE OF PLAY EQUIPMENT IN NEPERAN PARK
Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried that the following be approved: Approved: 5-0
WHEREAS, the Village of Tarrytown has received a special grant in the 2009-2010 New York State Budget; and
WHEREAS, there are specific requirements and regulations governing the expenditure of these funds
NOW, THEREFORE, the Board of Trustees of the Village of Tarrytown hereby resolves the following:
1. Administration of all funds under this grant will be in accordance with all terms and conditions contained in “GUIDELINES for projects over $50,000 or those involving construction, Fiscal Year 2009 – 2010” provided by the New York State Office of Parks, Recreation and Historic Preservation
2. That Michael Blau, as Village Administrator of the Village of Tarrytown, is hereby authorized to sign legal documents on behalf of the Village and that such signature is acknowledgment of the acceptance by this Board of Trustees of compliance with all terms and conditions of the grant agreement, to be executed for the grant.
RESOLUTION – SUBMISSION OF GRANT APPLICATION TO HUDSON RIVER VALLEY GREENWAY FOR DEVELOPMENT OF TRAILS
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 5-0
WHEREAS, the Village of Tarrytown is applying to the Hudson River Valley Greenway for a grant under the 2009 Greenway Conservancy for the Greenway Conservancy Small Grant Program for a project entitled The Tarrytown Lakes Trail/Andre Brook Trail to be located in the Villages of Tarrytown and Sleepy Hollow,
WHEREAS, the grant application requires the applicant municipality to obtain the approval/endorsement of the governing body of the municipality or municipalities in which the project will be located;
WHEREAS, the Village of Tarrytown is requesting a grant of $20,000 for the design and construction of the Andre Brook Trail;
WHEREAS, the Village of Tarrytown is providing the 100% required match of $20,000 through the following eligible methods: cash, force account labor, real property, donated professional services, labor, equipment, supplies and materials as well as any project related Federal and State funds.
NOW, THEREFORE, be it resolved that the Board of Trustees of the Village of Tarrytown hereby does approve and endorse the application for a grant under the 2009
Greenway Conservancy Small Grant Program, for a project known as the Andre Brook Trail in the Village of Tarrytown which will connect with the Horseman’s Trail in the
Village of Sleepy Hollow.
RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the following Fire Department personnel changes recommended at the July 21, 2009 Board of Fire Wardens meeting: Membership: Demetrius Carrero Jr. has been dropped from the active rolls of Consolidated Engine; Drivers: Kelly Murphy has passed as driver for Hope Hose Company; Dave Cappello has passed all the requirements as driver on Utility 61.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JULY 20, 2009
Trustee McGee moved, seconded by Trustee Butler, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the regular meeting of the Board of Trustees held on July 20, 2009 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 000625 THROUGH NO. 000983
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried that the following be approved: Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the Audited Voucher Numbers 000625 through Numbers 000983 and is hereby ordered paid in the following amounts as presented by the Village Treasurer:
General $ 464,811.92
Water 89,388.95
Capital 281,367.19
Library 14,487.66
Trust & Agency 6,975.62
Total $ 857,031.34
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 000722, 000789, 000840, 000935, 000936 and 000937 and Trustee Hoyt who abstained from Voucher Number 000707, 000661, 000838, 000683, and 000956. Motion carried. 5-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee McGee and unanimously carried, that the meeting be adjourned at 8:25 p.m.
Carol A. Booth
Village Clerk
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