Board of Trustees
Village of Tarrytown
Regular Meeting No. 8
August 20, 2007 8:00 p.m.
PRESENT: Mayor Fixell, presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern, and Zollo; Village Administrator McCabe; Village Treasurer Hart; Chief of Police Brown; Recreation Supervisor Arduino; Village Attorney Shumejda; and Village Clerk Booth
The meeting began with the Pledge to the Flag.
MAYOR’S PRESENTATION OF A RETIREMENT SHIELD TO POLICE OFFICER MICHAEL LUSTYIK
Police Officer Michael Lustyik retired on disability from the Tarrytown Police Department on August 3, 2007. Michael, who was born and raised in Tarrytown, joined the department on February 25, 1991. After serving the patrol division for seven years he became one of the first officers assigned to the Community Oriented Policing-Bicycle Unit Program. He developed the Citation for Safety Program which, in conjunction with McDonalds Restaurant Corporation, offered an incentive to children for wearing bicycle helmets. This program was instrumental in the department receiving the Platinum Award for new and innovative programs from the Automobile Club of America. Further, Michael worked with a major distributor of bicycle helmets to obtain donations of helmets for underprivileged children in the
community. Through the COPS Program he was instrumental obtaining corporate sponsorship and developing our Child Safety Seat Program whereby residents can have their child safety seat professionally and properly installed by a trained technician. Additionally, he organized and coordinated the annual Christmas Toy Drive which benefits several area foundations. We wish Michael the best of luck in his retirement and thank him for his service to the police department and to the residents of the Village of Tarrytown.
MOMENT OF SILENCE – HAROLD BOOTH
Mayor Fixell stated that Harold Booth passed away this past Friday and he would like to take a moment and remember him. He was a former Village Trustee and a member of the Tarrytown Transportation Council. He was also a former member of the Tarrytown Board of Education. Mayor Fixell extended the entire Board’s sympathy to his family.
REPORTS ON HACKLEY SCHOOL FIRE – AUGUST 4, 2007
Mayor Fixell stated that there was a very large fire at Hackley School on August 4th. There was a tremendous response from our volunteer Fire Department as well as from Departments all over the County and from across the river. It was a terrible fire, fortunately there were no injuries, but a lot of property damage. It was a remarkable effort to see how the Fire Department coordinated their efforts and cooperated with other departments under difficult circumstances. It was a hot day and getting water was difficult as well. Mayor Fixell also read two letters of appreciation, one written by Walter Johnson, Hackley School Headmaster addressed to Fire Chief Dominic Morabito and the other by the Auxiliary Disaster Response Team of the Tarrytown Volunteer Fire Department addressed to
Mayor Drew Fixell and the Board of Trustees, which are both attached to the minutes of this meeting as part of the official public record.
Trustee Zollo reported on the Fire Department Hackley School Fire:
On August 4, 2007, Hackley School lost Goodhue Memorial Hall in a fire that was most likely sparked by a lightning strike that occurred either the night of August 3rd or the early hours of August 4th that resulted from the violent storms that tore through the area. The fire was already well advanced when reports started coming in at about 4 a.m. from motorists passing through the area on Interstate 287. Goodhue Memorial Hall housed three technology labs, three English classrooms, the English office, the
photo lab, and the library (Kaskel Library) and its offices, all of which were destroyed. The stone walls of the building remain, but the interior was gutted. Thirty-three thousand volumes were lost when the fire ravaged the Kaskel Library, which dates back to the turn of the century. Firefighters contained the blaze by cutting a trench in a roof connecting the library to a classroom building. They filled up four tanker trucks at the Tarrytown Lakes and fought the fire in front of and behind the library. A number of other rooms in that building sustained cosmetic and light structural damage in the form of broken windows and roof damage. Tarrytown coordinated 21 neighboring fire
departments comprising several hundred firefighters. Pat Derivan, the 1st Assistant Chief for Tarrytown led the effort. Also on scene during the entire effort was 2nd Assistant Chief Mike Coffey. Later that morning Tarrytown Fire Chief Domenick Morabito returned from vacation and responded immediately to the scene of the fire. Men and equipment from the following departments participated in the fire fighting efforts: Archville, Ardsley, Armonk, Briarcliff, Continental Village, Croton, Dobbs Ferry, Elmsford, Fairview, Hastings, Irvington, Mt. Kisco, Nyack, Ossining, Pleasantville, Pocantico Hills, Sleepy Hollow, Tarrytown, Thornwood, Valhalla, and Yorktown. Firefighters spent more than 10 hours battling the fire. Due to the valiant efforts of the firefighters
battling the blaze, the fire was contained mainly to Goodhue Memorial Hall and was kept from spreading to the surrounding buildings. There were two minor injuries reported at the fire scene. Otherwise the effort was spectacular in its coordination and proficiency. Hackley educates nearly 800 students from grades K through 12. Westchester County sent fire coordinators to the scene along with a County bus to function as a cooling center for the firefighters. The Tarrytown Marriott Hotel donated hundreds of towels without hesitation which were vital in cooling down the firefighters who battled intense heat from the fire as well as the weather. Thousands of drinks and hundreds of sandwiches were provided through the quick response and efforts of the Tarrytown Deli, E & E Gourmet Deli, Rob Scogna’s Deli in Irvington, and Diamond Dairy. Support efforts were spearheaded by the Tarrytown Fire Department Response Team led by Debbie Logan
and the Tarrytown Volunteer Ambulance Corp.
Trustee McGee expressed her thanks to our Volunteer Fire Department and our Tarrytown Volunteer Ambulance Corp and to all the volunteers from the other communities. It speaks very highly for all our volunteers. The Fire Department would welcome anyone interested in joining the Fire Department to stop by any of the Fire Companies and speak to someone and possibly sign up for something that truly benefits the community.
Trustee Hoyt reported on the great work that the Tarrytown Volunteer Ambulance Corp contributed at the Hackley School Fire. They ran two first aid stations and supplied the cold towels and water for all the firefighters. It was an enormous joint effort from everybody and a great job. The following people were on hand: Mike Witkowski, Marty Witkowski, Anabel Wilgermein, Mike Husband, Pam Rifenburg, who also served as dual duty with the Fire Department Auxiliary team, Michael Farley, Lori Semeraro, Heather Scogna, Mark Witkowski, Mark Abrams, Liz Walker, Barbara Karac, Debbie Scogna and Ellen Connelly.
REPORTS
Mayor Fixell stated that at the Hamilton Avenue entrance to the Neperan Road Park, Westover Landscape Design, Robert Welsh, owner, donated to the Village a very lovely entryway landscaping including ground plantings and mulching. Also on the Neperan Road side, they donated two enormous and beautiful pots of plants. It really fixed up the entrances in a way that was really needed. He would like to extend the Board’s appreciation for this very generous action.
Trustee Hoyt reported on the following:
- The Fall/Winter ’07-’08 Recreation brochure was mailed out last week. If you do not receive it, please contact the Recreation Department at 631-8347.
- The Village-wide Tag Sale will be held on Saturday, September 15th at 10 a.m.– 5 p.m.
- Ferry-go-Round will also be held on Sunday, September 16 at 10 a.m. – 4 p.m. at Pierson Park/Main Street.
Trustee Butler expressed kudos to all the volunteers and a job well done. He also reported on a few Planning Board agenda items for the August 27th meeting: Continuation of Public Hearing – Pateman and Associates - Construction of a new single family house on the Corner of Fairview and Altamont Avenue; Preliminary Presentations – The Estate of Foo Chu – 2-lot Subdivision at 116 Altamont Avenue and Acadia Realty Trust at 101 Wildey Street to renovate vacant space for a Dunkin Donuts store. He also stated that the July Planning Board meeting was a spirited meeting and he trusts that the community and the developer will do the right thing with respect to the new single house on the corner of Altamont and Fairview Avenue.
PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE VILLAGE CODE REGARDING THE DEFINITION OF HEIGHT (Adopted)
Mayor Fixell asked Attorney Shumejda to summarize.
Attorney Shumejda stated that this proposed amendment does not change the substance of the current height definition. What is does is removes redundant and somewhat inconsistent language from the definition.
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried that the public hearing be opened.
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 20th day of August 2007, at 8 PM , in the Municipal Building, 21 Wildey Street, Tarrytown, New York 10591, to hear, discuss and to act
upon proposed amendments to the Code of the Village of Tarrytown by amending §305-63 "HEIGHT OF BUILDING" and the Zoning Schedule for Single Family Residence Districts. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:
A LOCAL LAW to amend §305-63 "HEIGHT OF BUILDING" and the Zoning Schedule for Single Family Residence Districts.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village of Tarrytown has determined that in order to preserve the unique character of residential neighborhoods in Tarrytown it has become necessary to insure that height restrictions are made clearer in the Zoning Code. The proposed zoning changes will help maintain the overall physical and visual characteristics of residential neighborhoods in Tarrytown.
B. Legislative Intent.
It is the intention of the Board of Trustees of the Village of Tarrytown to insure that height restrictions are made clearer in the Zoning Code in order to maintain the overall physical and visual characteristics of residential neighborhoods in Tarrytown.
Material to be deleted appears in underline , material to be added is in bold typeface.
SECTION 2. Amendment to §305-63 HEIGHT OF BUILDING
§305-63 HEIGHT OF BUILDING – The vertical distance measured from the average elevation of the existing (predevelopment) grade of the property of the average of all four sides of the building to the highest point of the roof for flat roofs, to the deckline
of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Vertical distance shall be measured from a point 20 feet perpendicular to
the midpoint of the front of the building. In the event that the proposed finished grade at the midpoint of the front of the building will be increased as a result of building construction, including the addition of fill or grading, the level of the existing (predevelopment) grade will be utilized to determine the height of a building.
[no further changes to Section]
BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF TARRYTOWN
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the public hearing be closed.
Trustee Butler moved, seconded by Trustee Zollo, and unanimously carried that the following local law be adopted: Approved: 7-0
WHEREAS, the Proposed Action is an Unlisted action pursuant to the State Environmental Quality Review Law, and
WHEREAS, an Environmental Assessment Form [EAF] was filed and,
WHEREAS, a notice of public hearing was published in the Journal News on August 10, 2007, and
WHEREAS, notice pursuant to provisions of Section 239 L, M and N of the General Municipal Law, Section 277.61 of the County Administrative Code and the New York State Village Law was given, and
WHEREAS, public hearing was held for the proposed action on August 20, 2007, 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:
1. 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. 8 of 2007.
PUBLIC HEARING REGARDING A PROPOSED AMENDMENT TO THE TAPPAN HILL SPECIAL PERMIT (Adopted)
Mayor Fixell asked Attorney Shumejda to summarize.
Attorney Shumejda stated that in 1990, the Board of Trustees granted a Compatible Use Permit to operate the Tappan Hill Restaurant. In 2006, the owners came to the Board of Trustees and asked for an amendment to the Compatible Use Permit, to allow additional space. As part of the condition for the approval in 2006, the Board of Trustees included a provision that would require the retro fitting emergency generator to not emit more than 55 dba of noise. This is an emergency generator that operates approximately 25 hours per year. The applicant has attempted to comply with that request. They cannot attain 55 dba, but they can lower it to 58 dba. Even at 58 dba, it is still below the Village’s noise ordinance. The Village’s noise ordinance has a range of 62 – 70 dba. The applicant is here tonight to state that it is not possible to buffer or baffle this generator lower than 58 dba confirmed by our Village Engineer, Michael J. McGarvey.
Trustee Hoyt moved, seconded by Trustee McGee, and unanimously carried that the public hearing be opened.
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 20th day of August 2007, at 8 PM, in the Municipal Building, 21 Wildey Street, Tarrytown, New York 10591, to hear and consider an application by Abigail Kirsch Caterers, Tenant, at 81 Highland Avenue, Tarrytown, New York, for an amendment to Item 17 of their Compatible Use Permit granted on February 5, 1990, for the purpose of permitting the operation of a generator to be retrofitted so that the noise produced from the same will not exceed 58 dba.
The Board of Trustees previously approved an amendment to Item 17 of their Compatible Use Permit granted on September 11, 2006 which approved permitting the operation of a generator to be retrofitted so that the noise produced from the same will not exceed 55dba; however, the applicant's architect has informed the Board that this limit is not possible.
A generator producing noise at a level of 58 dba will still remain below the criteria listed in the Village Code (Chapter 215) which mandates a maximum noise level of between 62 and 70 decibels depending on the time of day; furthermore, the applicant's generator is only operated on a limited basis averaging only 25 hours per year.
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
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried that the public hearing be closed.
Trustee Basher moved, seconded by Trustee McGee, and unanimously carried that the following be adopted: Approved: 7-0
WHEREAS, the Board of Trustees approved on September 11, 2006 an amendment to the Compatible Use Permit wherein the applicant was required to install noise buffers for the generator and compressors to limit the noise at the adjacent homes to a weighted 55 dba, and
WHEREAS, the Code of the Village of Tarrytown sets a noise limit between 62 dba and 70 dba;
WHEREAS, the applicant has shown that it can limit the noise to 58 dba, and
WHEREAS, the Proposed Action is an Unlisted action pursuant to the State Environmental Quality Review Law, and
WHEREAS, an Environmental Assessment Form [EAF] was filed and,
WHEREAS, public hearings were held for the proposed action on August 20, 2007, 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:
1. 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 RESOLVED, that Abigail Kirsch at Tappan Hill Inc. is hereby granted an amendment to the Compatible Use Permit that the noise from the generator and compressors will be limited to a weighted 58 dba.
PUBLIC HEARING REGARDING REVISION TO THE SITE PLAN PROVISIONS OF THE VILLAGE CODE (Adopted)
Mayor Fixell asked Attorney Shumejda to summarize.
Attorney Shumejda stated that this proposed legislation would require on any residential site plan application to have the applicant submit a scaled elevation drawing showing the proposed house along with the houses on the adjacent properties. The Planning Board has for several years been requiring this of applicants and it is the recommendation of our consultant to make it part of the Village Code - a mandated item every time an application comes in for site plan development on a residential structure. It is a scaled drawing to show how the proposed house fits in the neighborhood with its adjacent property.
Trustee McGee moved, seconded by Trustee Zollo, and unanimously carried that the public hearing be opened.
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 20th day of August 2007, at 8 PM, in the Municipal Building, 21 Wildey Street, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to the Code of the Village of Tarrytown by amending amending §305-54 entitled "Submissions; site plan development contents, referrals" 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 the Code of the Village of Tarrytown by amending §305-54 entitled "Submissions; site plan development contents, referrals" 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 enacted Article X of the Village Code in order to establish a maximum floor area ratio (FAR) for all homes in Tarrytown and this legislation was responsive to both the desire of residents to enlarge their homes and the need to preserve neighborhood character by requiring houses to be of the same or similar scale to others in the neighborhood. The intent of the Article was to insure that new houses, expansions or alterations to existing houses have a consistent scale with nearby residences on both sides of the street. The Board of Trustees has found that since this legislation was enacted, residential construction which is inconsistent with the scale of existing homes in the community is still occurring.
B. Legislative Intent.
The Village Board of Trustees is proposing revisions to the Zoning Code to amend site plan submission requirements, amend the Village’s floor area ratio (FAR) regulations, and clarify related definitions. The purpose of these revisions is to tighten existing regulations that limit the square footage allowed for new construction and additions to existing homes on single-family lots, consistent with the recommendations of the Village’s recently adopted 2007 Comprehensive Plan. Amendments to the site plan submission requirements are intended to provide the Planning Board with additional information necessary to adequately review site plan applications and ensure that proposed new construction and additions are compatible with adjacent properties. The purpose of these amendments is to address the trend of tear
downs and large additions that are out-of-scale with neighboring homes in Tarrytown's residential districts. The amendments are intended to protect the character of Tarrytown’s neighborhoods, which affects the health, safety, welfare and quality of life in the Village. The clarification of related definitions is intended to eliminate confusing language and to define terms in a manner that is easy to interpret and understand.
Material to be deleted appears in underline, material to be added is in bold typeface.
§305-54 Submissions; site plan development contents, referrals.
E. Additional material to be submitted
(1) All residential site plan applications must include a scaled street elevation drawing showing the proposed structure on the site, as well as existing buildings on adjacent and neighboring lots. Such drawings may be simple line drawings with sufficient detail to clarify the relationship of the proposed structures to existing neighboring structures and significant landscape features. For site plan applications involving corner lots, a scaled street elevation drawing must be provided from both streets. All vertical measurements shown on the elevation drawing must be measured from pre-development grade. At the discretion of the Planning Board a photo montage of digital photographs and superimposed drawings may be submitted in place of the scaled street elevation drawing. Such a photo
montage must be signed by the applicant to certify its accuracy.
(2) Under circumstances as deemed appropriate by the Planning Board, such as in the case of major site plans or other special or unique development projects or proposals, the Planning Board may request the applicant to submit whatever data or information which the Planning Board deems relevant and appropriate, such as but not limited to: supplemental information pertaining to any information required in this section or in other sections of the Local Zoning Law; a three-dimensional model or models of the proposed development, including size relative to surrounding buildings, building materials and architectural styles and basic landscaping; and environmental data.
(No Further Changes to Section)
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
OF THE VILLAGE OF TARRYTOWN
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the public hearing be closed.
Trustee McGee moved, seconded by Trustee McGovern, and unanimously carried that the following local law be adopted: Approved: 7-0
WHEREAS, the Proposed Action is an Unlisted action pursuant to the State Environmental Quality Review Law, and
WHEREAS, an Environmental Assessment Form [EAF] was filed and,
WHEREAS, notice pursuant to provisions of Section 239 L, M and N of the General Municipal Law, Section 277.61 of the County Administrative Code and the New York State Village Law was given, and
WHEREAS, a notice of public hearing was published in the Journal News on August 10, 2007, and
WHEREAS, public hearing was held for the proposed action August 20, 2007, and
WHEREAS, the Westchester County Planning Board has reviewed the Proposed Action under the provisions of Section 239 L, M and N of the General Municipal Law and Section 277.61 of the County Administrative Code and has determined that there are no County or inter-municipal issues, 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, and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. 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. 9 of 2007.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: SPEAKERS HAVE 5 MINUTES BEFORE YIELDING TO THE NEXT PERSON: THEN 3 MINUTES FOR ADDITONAL COMMENTS
Mayor Fixell questioned whether anyone wished to address the Board on any topic. No one appeared.
CONSIDERATION OF THE ADOPTION OF A CAPITAL PLAN FOR THE FISCAL YEAR 2007-2008
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby passes a Capital Budget for the Fiscal Year 2007-2008 in the net amount of $3,998,500 as recommended by the Village Treasurer. All projects will be subject to a final approval by the Village Board of Trustees and Village Treasurer.
RESOLUTION TO APPROVE, AS AN INVOLVED AGENCY, THE VILLAGE OF TARRYTOWN’S FINDING STATEMENT WITH RESPECT TO LIGHTHOUSE LANDING SEQRA FINDINGS STATEMENT
The Board of Trustees had discussion on this proposed resolution and approved to continue this discussion to the Special Board Meeting to be held on August 29, 2007.
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the Village of Tarrytown’s SEQRA Findings Statement regarding the Lighthouse Landing development in Sleepy Hollow, which shall be attached to the minutes of this meeting as part of the official public record.
FIRE DEPARTMENT PERSONNEL
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the following Fire Department personnel changes as recommended at the May 15, 2007 Board of Fire Wardens meeting: New drivers: Frank Morabito was approved for Riverside Hose Company Engine 80 and Robert C. Milano was approved for Consolidated Engine. Resignations and removals: James Kennedy has been removed from the active roster of Consolidated Engine and Kevin Breen has resigned as an active member of Hope Hose.
RESOLUTION REGARDING AN INTER-MUNICIPAL (IMA) BETWEEN THE VILLAGE AND WESTCHESTER COUNTY REGARDING REFUSE DISPOSAL
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes the Village Administrator to execute a contract with Westchester County for disposal of recyclable materials and the disposal of solid waste materials. The tipping fees for the disposal of solid waste materials for this renewed contact has increased from $24.32 per ton to $25.00 per ton as of January 1, 2007 and remains in effect through October 21, 2009. There are no tipping fees for the disposal of recyclable materials.
AWARD OF A CONTACT FOR MODIFICATIONS TO THE SHAFT 10 PUMPING STATION PROJECT
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby awards a contract for Modifications to the Shaft 10 Pumping Station project to Wilken Construction Corporation of Crugers, New York in the amount of $169,617, as
recommended by our water consultants, Professional Consulting, LLC and Village Engineer Michael J. McGarvey.
Modifications to Shaft 10 Pumping Station – Contract # 2006-02G - July 5, 2007
Company Bid Amount
Wilken Construction Corporation $169,617.00
Eventus Construction Company $187,000.00
RESOLUTION REGARDING IMPLEMENTATION OF THE MS4 STORMWATER PHASE II PROGRAM
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Village of Tarrytown herein called the “Municipality,” after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the “Project,” is desirable, is in the public interest, and is required in order to implement the Project; and
WHEREAS, the Environment Conservation Law (“ECL”) authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith;
NOW, THEREFORE BE IT RESOLVED BY the Board of Trustees of the Village of Tarrytown
1. That Drew Fixell, Mayor, or such person’s successor in office, is the representative authorized to act in behalf of the Municipality’s governing body in all matters related to State assistance under ECL Articles 17, 51 and 56 and/or any applicable federal grant provisions. The representative is also authorized to work with and through the County of Westchester as the lead party to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality’s governing body in all matters related to the Project and to State assistance;
2. The Municipality agrees that it will fund its portion of the cost of the Project through allowable in-kind services and that fund will be available to initiate the Project’s field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation;
3. That one (1) certified copy of this Resolution be prepared and sent to the Westchester County Department of Planning;
4. That this Resolution take effect immediately.
AWARD OF A CONTRACT FOR THE LOH PARK SEWER MAIN RELINING PROJECT
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby awards a contract for the Loh Park Sewer Main Relining project to En-Tech Corporation of Closter, NJ in the amount of $94,952.50 and add/alternate bid in the
amount of $48,104.00, as recommended by our consultants, Charles A. Manganaro and Village Engineer Michael J. McGarvey.
Loh Park Sewer Main Rehabilitation – Contract No. 2007-05 – August 3, 2007
Company Name/Address Base and Supplemental Bid Summations
En-Tech Corporation $94,952.50
304 Harrington Avenue &
Closter, NJ 07624 $48,104.00
Reynolds In-Liner LLC $103,672.00
15A Middle Road &
Fairfield, ME 04937 $ 61,008.00
New Hope Pipe Liner LLC $107,379.00
859 Willow Grove Street &
Hackettstown, NJ 07840 $ 54,556.00
Allstate Power Vac, Inc. $111,210.00
928 E. Hazelwood Avenue &
Rahway, NJ 07065 $ 59,960.00
AUTHORIZE TO RETAIN BFJ PLANNING FOR ZONING CODE REVISION ASSISTANCE
Trustee Hoyt moved, seconded by Trustee Butler, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes the Village Administrator to execute an agreement with BFJ Planning for zoning code revision assistance services in the amount not to exceed $25,000.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JULY 16, 2007
Trustee Basher moved, seconded by Trustee McGovern, that the following be approved. Motion carried, all voting “aye” with exception of Mayor Fixell who abstained. Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the regular board meeting held on July 16, 2007 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS #3
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried that the following resolution be approved:
RESOLVED: The following Abstract bearing No. 3, dated August 20, 2007 containing Vouchers No. 000530 through No. 000973 is hereby ordered paid in the
following amounts as presented:
General $ 506,307.74
Water 110,954.66
Capital 923,863.04
Library 50,625.67
Trust & Agency 308,069.80
Total $1,899,820.91
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 000588, 000589, 000723, 000724, 000795, 000796, 000880, and 000913 and Trustee Hoyt who abstained from Voucher Number 000545, 000602, 000766, 000925, 000927, 000928, 000929, 000862, and 000922. Motion carried 7-0.
ADJOURNMENT
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried, that the meeting be adjourned at 8:50 p.m.
Carol A. Booth
Village Clerk
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