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Village Board of Trustees Minutes 06/21/2010
                                                Board of Trustees
                                                Village of Tarrytown
                                                Regular Meeting No. 10
                                                June 21, 2010   8:10 p.m.

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

ABSENT:  Trustees Butler and McGovern

The meeting began with the Pledge to the Flag.

REPORTS

Mayor Fixell stated the following:
  • Sunday, July 4th, Tarrytown will host a Fireworks display at 9:00 p.m. on the waterfront.  The rain date will be Monday, July 5th.
  • Village Hall will be closed on Friday, July 2nd and Monday, July 5th in observance of the Fourth of July.  There will be no garbage pickup on those dates.
  • Tuesday, July 6th, the Tarrytown/Sleepy Hollow Day Camps begin.  
Trustee Zollo stated that the Tarrytown Fire Department has been awarded a federal grant in the amount of $232,000 to be used for equipment, facility modification, protective equipment, training, and wellness and fitness program.  He thanked the Tarrytown Fire Chiefs and Marty Schneider, the Village’s grant writer for this great accomplishment.

Trustee Basher stated that tomorrow night at 6:00 p.m. at the Sleepy Hollow High School Baseball Field, some of the local merchants and residents will be dedicating a batting cage in memory of Michael Birrittella at no expense to the school.  Michael Birrittella was born and raised in Tarrytown and was a great high school athlete and later went onto coaching for many years.  This is an honor well deserved and hopes the public will come out and join us.

Trustee McGee stated that Patty Cohn, the Children’s Librarian at the Warner Library has won the “American Dreamer Award,” which is given by BOCES every year.  It is for helping students with disabilities achieve their goals.  Trustee McGee thanked her for her devotion to children.

Trustee Hoyt stated that Saturday, June 26th is “Kite Day” at Losee Park at 10:00 a.m. – 12 noon.  For more information, contact the Recreation Office at 631-8347.

PRESENTATION – INFORMATION REGARDING DESIGN PLANS FOR THE REHABILITATION OF PIERSON PARK

Administrator Blau stated the following:

Quenell Rothschild and Partners Landscape Architects was the original firm employed in the design process.

There was an original scoping meeting held on May 3, 2006, which included Scenic Hudson, Westchester County, National RE/Sources (the developer of the project then know as Ferry Landings and now known as Hudson Harbor) and the Village.  

There were a series of 3 community meetings to obtain input from Tarrytown residents in the design process, with the first meeting held on May 9, 2006.  The process also included program option surveys which were distributed and placed on the Village’s website.  Based upon the input from the 1st meeting and information provided via the surveys, 2 design alternatives were prepared and presented at the 2nd community meeting held on May 23, 2006.  Based upon comments at that meeting, a final concept plan was created and presented at the 3rd community meeting on August 3, 2006.  There were approximately 30 residents at each meeting.

This final concept plan has served as the basis for the design of both the RiverWalk Park and rehabilitation of Pierson Park.   The development of the final design of the RiverWalk Park, which was completed by RGR Landscape Architecture, started from the Quenell Rothschild concept.  Working with representatives from Scenic Hudson and the Westchester County Department of Planning along with representatives from the Village’s Planning Board and Waterfront Advisory Committee, the Mayor, the Village Engineer and the Village Administrator, a final design was developed and the project commenced.

The development of the final design for the rehabilitation of Pierson Park starts with the design concept from the Quenell Rothschild report.  A design team was created which includes the design professionals, RGR Landscape Architects, Westchester County Department of Planning and Village representatives which include the Mayor, the Trustee Liaison to the Parks and Recreation Advisory Council, the Recreation Supervisor, the Planning Board, the Parks and Recreation Advisory Council, Waterfront Advisory Committee, the Environmental Advisory Council, the Village Administrator and the New York State Department of State, which is providing the grant funding for the rehabilitation project. Tonight we have Goeff Roesch from RGR who will be going over the design concept to date.

Goeff Roesch from RGR presented an overview of the Pierson Park design concept to date.  He stated that this process started 2½ years ago where the original master plan was done by Quenell Rothschild in October of 2007.   The first phase design work was focused on the Scenic Hudson RiverWalk Park extending along the edge of Hudson Harbor, along the edge of Pierson Park and up to Andre Brook.   A lot of this phase is complete.  Working with the design committee, we developed the Phase I scheme for this part of the park and made a revised version of the whole park. (A copy of the design plans of the whole park are affixed to the official minutes of this meeting.)

Mr. Ben S., Tarrytown resident, stated that in one of the initial drawings there was a meadow where some of the concrete parking in the park is.  He wanted to know if the meadow is remaining or is it going to be all parking.  Mr. Roesch stated that in our first vision plan two years ago we put an idea of a meadow to create a natural landscape along the brook.  However, this part of the park is not being designed until we are ready to build the Aquatic Center.  Ultimately, the Village Board will have to decide how much parking will be required.

Administrator Blau stated that on tonight’s agenda, the Board has before them the contract for approval of a grant associated with the restoration of Andre Brook.

Mayor Fixell stated to keep in mind that there are a lot of competing uses at the park including parking.  We will be looking at the entire area to maximize the amount of parking in less park-like settings.  The design for this has not been completed yet.

Christina Sarofeen, Altamont Avenue, stated that the current design plans for the play area are located behind the performance pavilion.   Right now her family enjoys watching a performance while she can keep an eye on her children. She wanted to know if this design is set or open to ideas.  Mr. Roesch stated that this is something that the design committee can look into.

Mr. Rabo, Hudson Harbor, stated there was an agreement between Hudson Harbor and the Village about the height of the trees.  Administrator Blau stated that the only agreement relating to the height of the trees has to do with the part of the park that is immediately to the west of Hudson Harbor.  That is the only piece that was conveyed to the Village by Hudson Harbor for the RiverWalk Park.  There is no agreement as to what happens in Pierson Park.

Alec Roberts, 63 Miller Avenue, stated that the location of the new tennis courts right near the train station may pose a noise problem with hearing the announcements from the platform.  He thought maybe the tennis courts could be moved north of Andre Brook and put the parking at the tennis courts location.

Stu Schectman, 83 Main Street, stated that the original conception was that on the west side was going to be parkland and parking was going to be at the other end.

Claudia Mausner, member of the Tarrytown Environmental Advisory Council, asked what the timeframe is to accept comments from the general public.  Administrator Blau stated that comments can be sent to him at mblau@tarrytowngov.com or mail it to One Depot Plaza within two weeks and he will share them with the rest of the design committee.

Joyce Lannert, Hudson Harbor, asked what is planned for the brook and what’s the footprint of the aquatic center and what are the proposed number of people who will be using it.  Mayor Fixell stated that the total footprint is 28,000 square feet.   The plan for the brook is to restore it, reconfigure it and make it into a totally natural landscape as much as possible.  This was a conceptual idea, but they will be working along with an ecologist to restore that area.

Robert Blejer, 3 Rivers Edge, stated as far as he can tell the RiverWalk Park doesn’t head eastward very much.  Mayor Fixell stated that the RiverWalk Park will extend to the park in front of Ichabod’s Landing and eventually to the GM site.

Tarrytown Resident asked how long this project will take to complete.  Administrator Blau stated to the end of September 2010.

Lauren Johnson, Tarrytown Resident, asked if anyone has given thought to a floating pool.  Mayor Fixell stated that at this time there are no plans or funding for it.

Claudia Mausner, Croton Avenue, asked if there are any plans to take down the fencing as most of the inside of the park is complete.  Administrator Blau stated that the RiverWalk Park is still a construction site and no one should be in there.   Pathways at the southern part of the park will be ripped up due to a mistake by the manufacturer with respect to the color of the block and this will delay the opening of the park.

Sandra Blejer, 3 Rivers Edge, asked why the Village is using open garbage pails.  Mr. Roesch stated that there will be liners.

Administrator Blau stated that the presentation will be available on our website.

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

Mary Westerfield, S. Broadway, stated that three years ago a petition was signed by 160 parents, caregivers and residents from Tarrytown and Sleepy Hollow regarding safety concerns at the playground at Patriots Park and was submitted to Mayor Fixell and the Board of Trustees.  Included with this petition was a diagram of the area we asked to be enclosed by fencing.  The fence would help to keep our children safe from the dangers of the cars that drive through the park as well as the stream that runs through it.  She does not believe that enclosing the playground area as diagramed in the petition will detract from the park or impede any of the other activities that go on there.   She stated that she would like to be involved with the renovation of the Patriots Park playground.

Mayor Fixell stated that the Board has responded to a number of the issues that have been raised.  Including the fencing and gating along Broadway and improvements have been made to the park. The Board is examining the fencing around the playground and he understood that a meeting is being scheduled to meet with some of the Trustees, Administrator and staff to discuss fencing and possible alternatives.  We have also closed the traffic from that area. We are taking into consideration the issues that you raised and we will be looking into them.

Mistrella Murphy, John Street, stated that she should have had this conversation in a public forum sooner, but she respected the process and she didn’t think it was going to take this long.  She didn’t think that it should be this hard to protect children.  She would like to press for that public commitment to schedule a meeting.  She asked if the issue was the larger use of the park or financial and also asked if the bid had already gone out for the playground equipment.

Mayor Fixell stated that both issues are at play; 1) the larger use of the park; whereby whatever you do at one part of the park impacts another part of the park and 2) the expense for building the playground and what the grant money is usable for and how we fit that altogether.

Administrator Blau stated that the playground equipment had to be purchased as part of the grant.  There is also a fencing component as part of the grant.   By moving this forward, we will have the exact dollar amount of what the extra fence will cost.

Jeanne Hanley, Wood Court, stated that she supports to have a fence around the playground because that area is primarily used for children under 5 years old.  

Michael Coffey, 100 MacArthur Lane, stated if there are state laws and guidelines that dictate that some kind of remediation has to take place if it is within 300 yards from a water hazard, doesn’t that mean that we have to do something.  Mayor Fixell stated that it will be looked into.

RESOLUTION AUTHORIZING THE VILLAGE ADMINISTRATOR TO APPLY TO THE STATE OF NEW YORK OFFICE OF GENERAL SERVICES FOR CONVEYANCE OF EASEMENT IN CERTAIN PARCELS OF STATE LAND KNOWN AS THE LANDS FORMERLY UNDER THE WATERS OF THE HUDSON RIVER LOCATED BETWEEN WEST MAIN STREET AND DIVISION STREET IN THE VILLAGE OF TARRYTOWN, WESTCHESTER COUNTY.

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 5-0

WHEREAS, the State of New York ("State") is the owner of two parcels of property as shown on a map entitled “State of New York, Office of General Services, Submerged Land Application Map in the Application of the Village of Tarrytown for a Grant of Easement Through Lands Under the Waters of the Hudson River,” dated June 25, 2009 and filed with the Office of General Services, in Albany, New York as OGS Map No. 2330,  located in the Village of Tarrytown, Westchester County, consisting of approximately 7,714 square feet, hereinafter referred to as the "Premises;" and

WHEREAS, once the Village of Tarrytown obtains fee title to the adjoining upland, the State is authorized to convey an easement in perpetuity in the Premises to the Village of Tarrytown pursuant to Section 75(7) of the Public Lands Law for the purpose set forth in the statute; and

WHEREAS, it is the desire of the Village of Tarrytown to apply for a conveyance of an easement in perpetuity in the Premises for a public park; and

WHEREAS, the consideration for the conveyance of an easement in perpetuity in the Premises is ($1.00).

BE IT RESOLVED, that the Village Administrator is hereby authorized to apply to the State of New York, Office of General Services, for the conveyance of an easement in perpetuity in the Premises for a public park pursuant to Section 75(7) of the Public Lands Law; and

BE IT FURTHER RESOLVED, that the Village Administrator is authorized to execute all documents necessary to effectuate said conveyance of easement in the Premises and that such documents shall be subject to the review thereof by the Village Attorney as to form and substance and that the application for easement dated July 14, 2009, executed by the Village Administrator is hereby approved; and

BE IT FURTHER RESOLVED, that the easement shall be conveyed after such environmental reviews as may be required by the State Environmental Quality Review Act have been completed.

AGREEMENT WITH THE STATE OF NEW YORK REGARDING ANDRE BROOK

Trustee McGee moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution 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 an agreement with New York State Department of State for a grant associated with the Andre Brook restoration.

APPROVAL OF RGR CONTRACT FOR PIERSON PARK

Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution 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 RGR Landscape for the redevelopment of Pierson Park and the associated contract by McLaren Engineering Group for work associated with the fishing pier and kayak launch at Pierson Park.

SEQR – TENNIS AND BASKETBALL COURTS – PIERSON PARK

Trustee Basher moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved:  Approved: 5-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby declare its intent to be Lead Agency for the purposes of Article 8 (State Environmental Review Act) of the Environmental Conservation Law for the development of the Tennis and Basketball Courts associated with the rehabilitation of Pierson Park

PERMANENT PART-TIME SALARIES

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 5-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves an increase of 2.0% retroactive to June 1, 2010 in the hourly rate paid for year round part-time employees.

RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES

Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution 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 May 18, 2010 Board of Fire Wardens meeting:   Membership:  Christian Betke was approved for active membership in Washington Engine Company; and James Yancey and Brian Vincent have been removed from the active member status of Hope Hose Company.

APPOINTMENT OF PART-TIME SEASONAL EMPLOYEE

Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 5-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints Anthony Jelenek, to the part-time seasonal position of Laborer in the Parks and Recreation Department at an hourly rate of $9.00 effective retro-active to June 14, 2010.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON MAY 17, 2010

Trustee McGee moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution 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 May 17, 2010, as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON JUNE 8, 2010

Trustee Hoyt moved, seconded by Trustee Zollo, that the following be approved.  Motion carried, all voting “aye” with the exception of Trustees Butler and McGee who abstained.  Approved: 5-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the   minutes of the special meeting of the Board of Trustees held on June 8, 2010, as submitted by the Village Administrator.

APPROVAL OF AUDITED VOUCHERS NO. 004212 THROUGH NO. 004380 AND VOUCHER NO. 000001 THROUGH NO. 000240

Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved:  Approved: 5-0

BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 004212 through No. 004380 and Audited Vouchers No. 000001 through No. 000240 is hereby ordered paid in the following amounts:

General                 $   1,103,025.42
Water                           133,590.58
Capital                         529,297.62
Library                           33,494.62
Trust & Agency                             14,326.01
      Total                        $   1,813,734.25

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 0004375, 000162, 000220, 000221, and 000222 and Trustee Hoyt who abstained from Voucher Number 000090.   Motion carried.  5-0

ADJOURNMENT

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the meeting be adjourned at 9:34 p.m.



Carol A. Booth
Village Clerk