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Village Board of Trustees Special Meeting Minutes 11/22/2010
                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Special Meeting  No. 22
                                                        November 22, 2010
4:30 p.m.

PRESENT:  Mayor Fixell, Trustees Basher, Hoyt, McGee McGovern and Zollo; Administrator Blau

ABSENT:  Trustee Butler

Trustee McGovern moved, seconded by Trustee McGee and unanimously carried to open the Special Meeting.

Declaration of Emergency, Sinkhole Repairs at Scenic Hudson RiverWalk Park

Administrator Blau shared with the Board the problems being encountered at the northern portion of the Scenic Hudson RiverWalk Park construction site due to sinkholes.  The marine engineering consultant working for the funding partners (Village, Scenic Hudson and Westchester County) has been working with the engineer for Ferry Landings to develop a long term repair but the engineering solutions from Ferry Landings engineers will not provide for a long term repair.  The Village has taken control of the repair of the sinkholes to assure a long term repair and the Village now has to get a contractor to perform the necessary repairs.  The longer it takes to repair, the greater the damage to the sinkhole sites which were unearthed as part of the repair evaluation.
Trustee Basher moved, seconded by Trustee Zollo and unanimously carried to approve the following resolution:

WHEREAS, the Village of Tarrytown awarded a bid for the construction of the Scenic Hudson RiverWalk Park on October 23, 2008; and

WHEREAS, at the time that the bid was awarded, there was a two month delay in the execution of the agreement with the lowest responsible bidder, Bradhurst Site Construction Corp. because there was an outstanding issue concerning the conveyance by Ferry Landings LLC of the property on the northern one-half of the RiverWalk Park to the Village; and

WHEREAS, it was determined that the project should move forward even though the property had not been conveyed to the Village for park development purposes, with an understanding that work on the northern one-half of the park would not occur prior to the conveyance of the property by Ferry Landings; and

WHEREAS, prior to construction on the northern one-half of the RiverWalk, two sinkholes were discovered on the site and Ferry Landings, with funding assistance from Westchester County, Scenic Hudson and the Village repaired the sinkholes in 2009; and

WHEREAS, the two sinkholes were repaired prior to the conveyance of the property to the Village from Ferry Landings; and

WHEREAS, two additional sinkholes were discovered on the northern one-half of the RiverWalk in June 2010 and the responsibility for the repair, per an agreement between the Village and Ferry Landings prior to the conveyance of the property, rests with Ferry Landing pursuant to a cost sharing arrangement; and

WHEREAS, Ferry Landings attempted to repair of the newly discovered sinkholes but it was determined during the repair process that the repair started by Ferry Landings did not fully the address the conditions at the site; and

WHEREAS, the contractor working for the Village on the construction of the RiverWalk was directed to remove all of the soil to fully expose the sinkholes to enable further evaluation of the problem and to develop repair solutions; and

WHEREAS, the engineers for Ferry Landings and the Village have been unable to agree on the extent of the repairs; and

WHEREAS, the Village has directed that the repair work will be performed in conformance with the recommendations of the marine engineer for the Village to assure that the repairs will not be of a temporary nature; and

WHEREAS, the exposed sinkholes present a hazard on the site, even though the area of the sinkholes is fenced in with construction fencing; and

WHEREAS, the unprotected excavation is creating a situation whereby the wave action from the river is increasing the size of the sinkholes; and

WHEREAS, it is not fiscally prudent to fill in the sinkholes for repair at a later date because of the additional cost for the repair and the fact that the soil will slowly fall into the river; and

WHEREAS, the Board believes that it is necessary to have the sinkholes repaired in an expeditious manner so as not to exacerbate the poor condition in and around the area of the sinkholes, to address a hazardous condition on the site of the sinkholes, and to be fiscally prudent.

NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby declare an emergency at the sinkhole repair site.

BE IT FURTHER RESOLVED that Village staff is hereby directed to obtain written quotes directly from contractors for the repair of the sinkholes in conformance with the plans established by the marine engineering consultant working for the Village.

BE IT FURTHER RESOLVED that the Board of Trustees acknowledges, by declaring an emergency, that Village staff shall not be obligated to obtain sealed bids for the repair of the sinkholes.

Executive Session

Trustee Basher moved, seconded by Trustee McGovern and unanimously carried to adjourn into Executive Session to discuss a personnel issue.

Adjournment

Trustee Basher moved, seconded by Trustee Hoyt and unanimously carried that the Special Meeting be adjourned.  Meeting was adjourned at 5:05 p.m.


Respectfully submitted,

Michael S. Blau
Village Administrator