Board of Trustees
Village of Tarrytown
Regular Meeting No. 31
February 22, 2011
PRESENT: Mayor Fixell presiding; Trustees Butler, Hoyt, McGee, McGovern and Zollo; Administrator Blau; Village Treasurer Hart; Village Attorney Shumejda; Village Clerk Booth
ABSENT: Trustee Basher
The meeting began with the Pledge to the Flag.
PRESENTATION – INFORMATION REGARDING DESIGN PLANS FOR THE RESTORATION OF ANDRE BROOK FROM THE DESIGN CONSULTANT, RGR LANDSCAPE ARCHITECTURE
Sid Burke, from RGR Landscape, presented the plans for the restoration of Andre Brook, which is part of the Village’s improvement to its waterfront. The Village received a grant from the Department of State to restore the brook, its ecological function, and to make it a better habitat for wildlife and for plants. Brian Quinn from Great Ecology and Environments is the environmental ecological design firm that RGR is working with on this project. RGR has been actively working on this project since November with the Pierson Park Design Committee from the Village to work out the details of it and to present the concepts.
Board of Trustees questions:
- Will there be a safety hazard with the extension of the island. Mr. Burke stated that the area will be densely planted with shrubs. There will be no pathway or any reason for anyone to go down there. If someone did go down there, there would be just inches of water. To think that someone would get stranded there doesn’t seem like a possibility at all.
- What would the specific elevations of the brook be? Mr. Quinn and Mr. Burke stated that there would be pools to 2-3 feet deep to provide an opportunity for small fish and other marine animals to habitat there. Administrator Blau asked about the elevation level up above near the pathway. Mr. Burke stated that the pathway would be at elevation 7. The steepest slope is still a comfortable slope to be able to ride a lawn mower. It is not a steep slope; it is still a somewhat gentle slope.
- What happens when there are environmental spills or people dump oil into catch basins upstream and comes down? Mr. Burke stated that any environment is fragile, this environment is not the most fragile that they are creating. If there was a spill, it is something that would have to be addressed right away. If a spill did happen, you always have the recourse to find the person who did that spill and if there were damage to get reparations to restore whatever was destroyed.
Trustee Butler asked what the start and completion date would be for this project. Mr. Burke stated that this project will be included in the bid for the Pierson Park project. The anticipation to start the Pierson Park project would be in early summer. Administrator Blau stated that it is anticipated that the Pierson Park project will take a year to complete.
Joyce Lannert, Hudson Harbor, suggested the following:
- More signage regarding the plants should be put up. Without signage, there is good educational opportunity being missed.
- As they tried to do at the County when they did a restoration project, was to have it adopted by somebody, a Boy Scout Troop or Girl Scout Troop so that they took ownership of keeping the place clean and neat and also another teaching opportunity.
PRESENTATION BY O’CONNOR, DAVIES, MUNNS & DOBBINS, LLP, REGARDING THE VILLAGE’S FINANCIAL AUDIT FOR FISCAL YEAR 2009-2010
Alan Kassay from O’Connor, Davies, Munns & Dobbins, LLP, presented the May 31, 2010 results of the financial audit for the Village. In their opinion, the financial statements referred to above
present fairly, in all material respects, the respective financial position of the governmental activities, each major fund and the aggregate remaining fund information of the Village as of May 31, 2010 and the respective changes in financial position and the respective budgetary comparison for the General and Water funds for the year then ended in conformity with accounting principles generally accepted in the United States of America. This is known as an unqualified opinion and it is the best opinion that you can get. Overall the Finance Department and the Village Board did an excellent job.
VILLAGE ADMINISTRATOR’S REPORT
Safety Training provided to the Village since September of 2010:
Air Monitoring – gas meter training instructions
Given to: Highway and Sanitation Personnel
Confined Space Awareness Training
Given to: Highway, Sanitation, Recreation, Police and Fire
Work Zone Safety Training
Given to: Highway
Safe Refuse Collection
Given to: Sanitation and Highway
Confined Space Entry Train-the-Trainer
Attended by: a member of management and a member of the CSEA
Confined Space Identification and Safety Discussion
Given to: Highway and Sanitation Personnel
Refuse Collection Safety (Lock-Out /Tag-Out on Garbage Trucks)
Given to: Highway and Sanitation Personnel
The Police Department and Fire Department have ongoing training throughout the year. I have highlighted primarily the training provided at the Department of Public Works and additional training provided to the Police Department and Fire Department.
Additional training planned for next month - NYSDOT coming snow plowing procedures and policies and salt applications.
Pro Safety has completed the development of the following programs. Confined Space, Respiratory Protection, Personal Protective Equipment, Blood borne Pathogens, Fire Prevention Plan, Hazard Communication Plan, Lockout – Tagout and Emergency Action Plan. Only the Confined Space, Respiratory Protection and Personal Protective Equipment were programs required pursuant to the PESH report.
Hazard Mitigation Plan – Last Friday, representatives from the Fire Department, Police Department, Engineer’s Office and I met with the firm hired by the Town of Greenburgh to complete a Hazard Mitigation Plan for the Town and the six Village’s in the Town. The Village staff was working on the portion of the plan called the Tarrytown annex, which is the part of the plan specific to the Village. Each Village has its own annex. The completion of a Hazard Mitigation Plan is one major component that FEMA reviews when evaluating grant applications for FEMA funds.
CONTINUATION OF A PUBLIC HEARING – VILLAGE PARKS (continued)
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the hearing be opened.
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried, that the public hearing be continued.
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby direct the Village Clerk to re-notice the public hearing due to changes in the proposed amendment of the Code of the Village of Tarrytown, Chapter 221, Parks and Recreation Areas, to require that all individuals or entities who desire to utilize public parks or recreation areas for a business within the Village of Tarrytown be required to obtain a permit approved by the Board of Trustees.
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
Joseph McCarthy, 91 Tappan Landing Road, stated the following:
- He asked what the Board’s policy is to hire an attorney. Attorney Shumejda stated that it can be done by resolution or if the attorney has a retainer with the Village, that retainer would be approved by resolution.
- He doesn’t believe that it is fair to hire an attorney who has had past dealings with Mr. Weaver, other staff members or members of the Board to conduct the investigation.
- Who is the hearing officer? Attorney Shumejda stated that the Board requested a list of hearing officers from Westchester County. An individual was chosen from the list that we received from the County. Mr. McCarthy asked if any member of the Board or Village staff had any dealings with the person who was hired that would not make this a fair hearing. Attorney Shumejda stated that he knows of the person but has not had any direct dealings with the person. Mr. Blau and the members of the Board have not had any dealings with the hired hearing officer.
Clarice Pollack, 19 S. Broadway, stated the following:
- At the last board meeting, she asked if Mr. Weaver was provided a copy of the Village’s confined space program. Mr. Blau stated that he will move on this immediately.
- With regard to the charges against Mr. Weaver. We have been told that these charges are confidential. However, there was an article published on February 17th in the Westchester Guardian stating what the charges are and that they were provided the information by a Village employee. If the charges are confidential, how did a Village employee provide this information to the Guardian? Mr. Blau stated that no one has contacted his office from the Guardian. Mayor Fixell stated that he questions the accuracy and that it is impossible to respond to it. As far as we know, the charges are confidential and no one has spoken to anyone.
When the Village removed snow on Broadway and Main Street, there were no signs posted ahead of time so people could move their cars.
With respect to an employee’s accident with a snow plow during the last snow storm, did the employee have a drug test after the accident? Mr. Blau stated that we did not test him because there was no reason to have him tested. Trustee Hoyt questioned if the Village runs random drug testing for its employees. Administrator Blau stated that the Village does.
Joseph McCarthy, 91 Tappan Landing Road asked the following:
- Is the Village in compliance with the violations in the PESH report? Administrator Blau stated that all the documents that were required to be submitted to PESH were submitted today.
- Who is running DPW now? Administrator Blau stated that Mr. McGarvey, Mr. Pennella and we have moved up two of our senior staff DPW employees to the position of Road Maintenance Foreman. Mr. McCarthy asked if Mr. McGarvey was being paid extra to do the General Foreman’s duties. The Board stated that Mr. McGarvey is not being paid extra. Mr. McCarthy asked if Mr. Pennella is qualified to run DPW. Mr. Blau stated that the Village does believe he is qualified on a temporary basis.
Karen Brown, Wilson Park, asked if the Board can look into the ownership issue of Wilson Park Drive with respect to the maintenance of the road. Wilson Park Drive is a mess, particularly with many deep pot holes. Mayor Fixell stated that it is a unique situation because it is privately owned. There are limitations on what the Village can do on that ownership. We have been working with the attorney’s to make this work better. We don’t have an answer at this point. Because it is a private road, we are not able under the current arrangement, to simply pave it. Ms. Brown asked that the Village take care of the ownership issue as soon as possible so that we don’t lose any school buses.
Patrick Derivan, Franklin Courts, stated that he was happy to hear about all the training that has been provided by Pro-Safety. He asked when the General Foreman flipped his car over; did the Village run a drug test then? He has a copy of the Village’s confined space program from the 90’s
and believes it is an excellent program. He questioned why this program was not being followed.
AGREEMENT WITH NEW YORK STATE FOR THE TARRYTOWN PEDESTRIAN TUNNEL-ACCESSWAY PROJECT
Trustee Butler moved, seconded by Trustee Zollo, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee McGovern who voted “nay.” Approved: 5-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute an agreement with New York State Department of State under the Environmental Protection Fund Act – 2009 LWRP Revitalization Program for funding in the amount of $45,000, with a local match of $45,000 for a feasibility study and design for the development of the pedestrian access tunnel under the Metro North railroad tracks.
UPDATE SURVEY FOR WEST MAIN STREET
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute an agreement with Riley Land Surveyors, Tarrytown, New York, per their proposal of $1,800.00 for the purpose of updating the existing survey for West Main Street.
AWARD A BID FOR GENERATORS AT VARIOUS FIREHOUSES AND THE SENIOR CENTER
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved: Approved: 6-0
WHEREAS, bids were opened on January 21, 2011for various firehouses and the Senior Center; and
WHEREAS, the bid specification provides for the furnishing and installation of generators at Consolidated Engine Company, Phenix Hose Company, Riverside Hose Company and Washington Engine Company; and
WHEREAS, the bid specification provides for the installation of the generator from the old Police Headquarters building to the Senior Center; and
WHEREAS, eight bids were received and the bids received are listed below; and
Morabito Electric Inc. $175,000
Richard Hansen Electric Corporation $248,000
Raw Power Electric Corporation $295,000
D & M Electrical $296,205
Foremost Electric $348,300
Lippolis Electric $385,000
Solar Electric Systems, Inc. $426,600
Naber Electric $452,500
WHEREAS, the bid specification provided for a separate bid for each of the five buildings in order to allow for the Board of Trustees to award a contract for individual buildings or all of the buildings; and
WHEREAS, based upon grant funds available for the furnishing and installation of generators at Phenix Hose Company and Riverside Hose Company limited time frames associated with the availability of the grant funds, the fact that the Senior Citizen building serves as the emergency shelter during periods of emergency in the Village of Tarrytown and limited Capital funding for the remaining firehouses, the Board of Trustees believes it is in the best interest of the Village to award the bid and execute a contract for generators for the three buildings and to seek additional funding for the remaining two firehouses.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the furnishing and installation of generators to the lowest responsible bidder, Morabito Electric Inc., Sleepy Hollow, New York per the following bid:
Furnish and install a generator at Phenix Hose firehouse - $27,800
Furnish and install a generator at Riverside Hose firehouse - $27,800
Install a generator at the Senior Center - $8,800
BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with Morabito Electric Inc. for the generator project.
AUTHORIZATION TO RETAIN LEGAL SERVICES
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown retains William Bave, Esq. to provide legal services to the Village at an hourly rate of $225.00 per hour.
APPROVAL OF SETTLEMENT
Trustee Hoyt moved, seconded by Trustee Zollo, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee McGee who abstained. Approved: 5-0-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the settlement of the claim of Catherine Hopkins and authorizes and directs the Village Administrator to execute the Stipulation of Settlement.
APPROVAL OF TAX CERTIORARI – WASHINGTON IRVING GARDENS OWNERS, INC.
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the tax certiorari settlement with Washington Irving Gardens Owners, Inc., as outlined in the Village Attorney’s memorandum dated February 7, 2011.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON FEBRUARY 7, 2011
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
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 February 7, 2011 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON FEBRUARY 4, 2011
Trustee McGovern moved, seconded by Trustee Zollo, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee Butler who abstained. Approved: 5-0-1
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 February 4, 2011 as submitted by the Village Administrator.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON FEBRUARY 15, 2011
Trustee McGee moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 6-0
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 February 15, 2011 as submitted by the Village Administrator.
APPROVAL OF AUDITED VOUCHERS NO. 002667 THROUGH NO. 002845
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 002667 through No. 002845 is hereby ordered paid in the following amounts:
General $ 243,355.77
Water 64,471.67
Capital 86,382.25
Library 5,975.48
Trust & Agency 63.55
Total $ 400,248.72
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 002707, 002746, and 002817. Motion carried. 6-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the meeting be adjourned at 9:23 p.m.
Carol A. Booth
Village Clerk
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