Board of Trustees
Village of Tarrytown
Regular Meeting No. 1
April 4, 2011
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern and Zollo; Administrator Blau; Treasurer Hart; Village Attorney Shumejda; Village Clerk Booth
The meeting began with the Pledge to the Flag.
REPORTS
Trustee McGee stated the following:
- On Wednesday, April 13th from 10 a.m. to 3 p.m., there will be a Community Blood Drive at the Warner Library. To register or for more information, please call 631-7734 or you can sign up at the reference desk.
- The Friends of the Library’s semi-annual Book Sale will be held on Saturday and Sunday, April 16 and April 17 from 10 a.m. to 5 p.m.
Trustee Hoyt stated the following:
- TNT Parade will be held on Saturday, April 9th at 1 p.m.; starts at Neperan Park and follows to Losee Park for refreshments.
- Easter Egg Hunt will be held on Saturday, April 16th at 11:00 a.m. at Patriot’s Park. All Children welcome from Ages 1 through 8.
VILLAGE ADMINISTRATOR’S UPDATE
- Water Line, Wilson Park Drive – It is anticipated that the installation of the water line on Wilson Park Drive should be completed by the end of the week. The line will then be subjected to chlorination and bacteria tests which must be submitted to the Westchester County Department of Health for approval. Once approval is received, the existing water services on Wilson Park Drive will be switched over to the new line. It should take at least 3 weeks to receive the approval from the Health Department to move forward on the connections.
- Riverside Hose – apparatus has been manufactured and is now en-route Long Island. Miscellaneous equipment will be installed and stripe painting will be completed. The truck should be delivered to Tarrytown about 2 weeks after delivery in Long Island. The gold leaf on the truck will be installed here at the Riverside firehouse.
PUBLIC HEARING – BACKFILLING OF STREET OPENINGS (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 4th day of April, 2011, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to Chapter 259 entitled “Streets and Sidewalks” 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 Chapter 259 entitled “Streets and Sidewalks” 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 has determined that the restoration of street openings, pursuant to the existing language in this Chapter, is creating an issue for vehicular traffic due to the significant settling of street openings throughout the Village. Materials exist that can be used by entities that have received a Street Opening permit that will eliminate the settling of the street openings.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend Chapter 259 entitled “Streets and Sidewalks” of the Code of the Village of Tarrytown in order to require that K-crete be utilized as the material for the backfilling of street openings to eliminate the settling of street openings throughout the Village and the impact of the settling on the vehicular traffic and the residents who live on the streets where the street has been dug up pursuant to a Street Opening permit.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to Section 295-5 entitled “Obligations of permittee” of Chapter 295 “Streets and Sidewalks” of the Code of the Village of Tarrytown.
§ 259-5. Obligations of permittee.
A. The following duties and obligations are imposed upon each person receiving a permit under the provisions of this article:
(1) Immediately upon completion of the work and upon completion of the inspection and approval of the work (when inspection and approval of the work are required), the permittee (he) shall (will) backfill the excavation with K-crete in conformance with the Village’s typical trench detail. (in accordance with generally approved methods.)
(2) The permittee (He) shall not permit the excavation to remain open longer than is strictly necessary for the performance of the work which required the excavation.
(3) While the excavation is wholly or partly open or when(, after backfilling,) there exists a depression below the surrounding grade or an elevation higher than such grade because of excess backfill or for other reasons, the permittee (he) shall provide adequate safeguards to the public by erecting a barrier or fence of distinctive type or color marking the outside limits of the affected area and bearing warning signs distinguishable by day and a barricade with flashing lights for the evening hours. (and adequate numbers of lighted lanterns or flares to give warning of the danger after dark.)
( (4) When the backfilling is completed, he will immediately notify the Superintendent of Highways thereof, in writing, and will do such further work, if any, required by the Superintendent of Highways to correct the backfilling. Notwithstanding the approval of the Superintendent of Highways of any backfilling and/or restoration of pavement, any person receiving a permit under the provisions of this article shall be obligated to restore to as good condition as it was prior to excavation any pavement which within 30 days after backfilling and restoration shall have deteriorated, collapsed or become in any way unsatisfactory as determined by the Superintendent of Highways.)
(4)(5) Should the permittee fail to restore the pavement to a condition acceptable to the Village Engineer and/or Superintendent of Public Works or his/her designee and after ten (10) day notice is provided to the permittee to correct the site of the restoration, (T)the restoration of the pavement, curb and/or gutter to as good condition as it was in prior to the excavating shall be completed (done) by the Village (under the supervision of the Superintendent of Highways) at the expense of the permittee, to be deducted from the deposit made, and any deficiency remaining after such deduction shall be paid on demand by the permittee.
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
Trustee Basher 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 Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be closed.
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 259, entitled, “Streets and Sidewalks” in order to require that K-crete be utilized as the material for the backfilling of street openings to eliminate the settling of street openings throughout the Village and the impact of the settling on the vehicular traffic and the residents who live on the streets.
WHEREAS, a public hearing was held for the proposed action on April 4, 2011; and
WHEREAS, a notice of public hearing was published in the Journal News on March 24, 2011; 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:
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. 3 of 2011.
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 questioned whether anyone wished to address the Board on any matter. No one appeared.
RESOLUTION REQUESTING THE NEW YORK STATE LEGISLATURE TO AUTHORIZE THE TOWN OF GREENBURGH AND THE VILLAGES OF ARDSLEY, DOBBS FERRY, ELMSFORD, HASTINGS-ON-HUDSON, IRVINGTON
AND TARRYTOWN TO ADOPT A LOCAL LAW TO IMPOSE A THREE PERCENT (3%) HOTEL/MOTEL OCCUPANCY TAX
Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, Section 1202 of the New York State Tax Law authorizes and empowers certain cities and counties in New York State to adopt and amend local laws imposing a Hotel and/or Motel “Occupancy Tax” upon persons
occupying hotels or motels in certain counties and cities; and
WHEREAS, Section 1202 is not applicable to “Permanent Residents” of a hotel or motel which are persons occupying any room or rooms in a hotel or motel for at least thirty (30) consecutive days; and
WHEREAS, Section 1202 provides that any tax imposed shall be paid by the person liable thereof to the owner of the room for hire, or to the person entitled to be paid the rent or charge for the room, and that such owner or person
shall be liable for collection and payment of the tax to the chief fiscal officer of the municipality; and
WHEREAS, the New York State Legislature has, over the past few years, authorized a Hotel and/or Motel Occupancy Tax for the City of White Plains, the City of New Rochelle, the City of Peekskill and the Village of Rye Brook; and
WHEREAS, there are more than 2,000 rooms for rent in the Town of Greenburgh and the Villages of Ardsley, Dobbs Ferry, Elmsford, Hastings-on-Hudson, Irvington and Tarrytown that would be subject to the occupancy tax; and
WHEREAS, the adoption of legislation that provides for a Hotel and/or Motel Occupancy Tax by local option via local law will provide the Town and Villages another source of funds to provide much needed services to our residents
that are becoming much more difficult to provide due to the economic situation impacting local governments; and
WHEREAS, the implementation of a Hotel and/or Motel Occupancy Tax will not have a cost impact upon the residents of our communities since the tax is paid by visitors to our communities and not the local residents; and
WHEREAS, the implementation of a hotel tax will more~directly align the~interests~of the hotel industry~with~that~of the municipalities and will provide an incentive for~the municipalities and the hotel industry to work
collaboratively to further those interests; and
WHEREAS, the past actions of the New York State Legislature to adopt legislation for a Hotel and/or Motel Occupancy Tax in White Plains, New Rochelle, Peekskill and Rye Brook are applauded by our communities and the Town of
Greenburgh and the Villages of Ardsley, Dobbs Ferry, Elmsford, Hastings-on-Hudson, Irvington and Tarrytown hereby request the same consideration from the New York State Legislature.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Tarrytown does hereby support the legislation sponsored by Assemblyperson Thomas Abinanti (A05191) which authorizes the Town of Greenburgh
and the six Villages in the Town of Greenburgh to adopt local laws in their respective local governments to impose a three percent (3%) hotel/motel occupancy tax.
Mayor Fixell stated that this resolution doesn’t allow us to impose the 3% motel/hotel occupancy tax; it is a message to our legislature stating that we would support them passing the law that would give us the option to impose one.
There are quite a few steps to go before accomplishing this.
RESOLUTION – AUTHORIZE CONTRACT FOR SECURITY CAMERAS AT DEPARTMENT OF PUBLIC WORKS RECYCLING CENTER
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, the Village of Tarrytown issued a Request for Proposals for the purchase and installation of security cameras at the Recycling Center; and
WHEREAS, two proposals were received in response to the RFP and the proposals received are listed below:
- All Points Security $2,500.00
- ADT Security Services $2,726.77
and
WHEREAS, the security camera proposals have been reviewed by Village staff and staff has found no issues with the proposal submitted by the lowest proposer, All Points Security.
NOW THEREFORE, 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 All Points Security, Pleasantville, New York for the installation of security cameras at the Department of Public Works per their proposal of $2,500.00.
RESOLUTION – AUTHORIZE CONTRACT FOR FENCE WORK AT VARIOUS LOCATIONS AT THE DEPARTMENT OF PUBLIC WORKS
Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, the Village of Tarrytown issued a Request for Proposals for the installation of fence at the Recycling Center and the salt shed and the repair of fence at the Department of Public Works; and
WHEREAS, three proposals were received in response to the RFP and the proposals received are listed below:
- Yaboo Fence Company $8,984
- Yumat Fence Distributors Inc. $9,950
- Commercial Fence Corp. $10,567
and
WHEREAS, the fence proposals have been reviewed by Village staff and staff has found no issues with the proposal submitted by the lowest proposer, Yaboo Fence Company per their proposal of $8,984.
NOW THEREFORE, 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 Yaboo Fence Company, West Nyack, New York for the installation and repair of fence in various locations at the Department of Public Works.
INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FOR THE PATRIOTS PARK PLAYGROUND
IMPROVEMENT PROJECT
Trustee Hoyt moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved: Approved: 7-0
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 Westchester County regarding the Community Development Block Grant award for the Patriot’s Park Playground Improvement Project in the amount of $33,300.
RESOLUTION – AWARD OF BID FOR PATRIOT’S PARK PLAYGROUND IMPROVEMENT PROJECT
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, bids were opened on July 8, 2010 for the Patriot’s Park Playground Improvement Project; and
WHEREAS, the Village is the recipient of a Community Development Block Grant totaling $33,600; and
WHEREAS, the Westchester County Department of Planning has provided technical assistance to the Village in the development of the plan and the bid specifications; and
WHEREAS, two bids were received and the bids received are listed below:
- P. Corsetti Contracting, Inc. $50,730
- Abbott & Price $74,420
and
WHEREAS, the Westchester County Department of Planning has reviewed the bids and the Department of Planning has issued a letter of recommendation to award the bid to P. Corsetti Contracting, Inc.; and
WHEREAS, staff has reviewed the bids and the evaluation of the bids by the Westchester County Department of Planning and concur in their recommendation.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the Patriot’s Park Playground Improvement Project to the lowest responsible bidder, P. Corsetti Contracting, Inc., of Mamaroneck, New York per their bid of $50,730.
BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with P. Corsetti Contracting, Inc. for the Patriot’s Park Improvement Project.
AUTHORIZATION – EXECUTE AGREEMENT WITH THE STATE OF NEW YORK
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
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 the State of New York, Department of State, regarding funding for the Tarrytown Lakes Trailway System in an amount totaling $100,000.
GREENBURGH DRUG AND ALCOHOL TASK FORCE LEASE AGREEMENT
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute a one-year lease agreement with the Greenburgh Drug and Alcohol Task Force for the
rental of a portion of the former Police Headquarters building, subject to the same conditions as included in the previous lease.
AGREEMENT WITH EAST-WEST FIRE APPARATUS CONSULTANTS INC.
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute a service agreement with East West Fire Apparatus Consultants Inc. to provide consulting services, including but not limited to pre-construction/pre-engineering, inspections of apparatus during manufacture at manufacturer’s facility, clarification and explanation of contract documents as necessary, resolution of technical issues, monitoring of quality and detail during manufacture as well as adherence to construction schedule, identification of deficiencies during the final inspection, relating to the purchase of a new rear mount aerial apparatus in the amount of $6,300.00.
RESOLUTION – FIRE DEPARTMENT MEMBERSHIP CHANGES
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the following Fire Department membership changes recommended at the March 15, 2011 Board of Fire Wardens meeting: Membership: James Morabito was approved for active membership in Phenix Hose Company and Edgar Brennen and Elena Brennen have resigned from Consolidated Engine.
ACKNOWLEDGEMENT OF RECEIPT OF THE 2010 TARRYTOWN VOLUNTEER AMBULANCE CORPS SERVICE AWARD (PENSION) PROGRAM ANNUAL REPORT REGARDING QUALIFYING POINTS RECEIVED
Trustee Basher moved, seconded by Trustee McGovern, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee Hoyt who abstained. Approved: 6-0-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby acknowledge receipt of the Tarrytown Volunteer Ambulance Corps 2010 annual report of points achieved by respective members of the Ambulance
Corps for qualification for Village contribution to the Ambulance Corps members service award program, which report shall be posted for public inspection and comment for 30 days prior to Board of Trustees’ consideration of
approving submission of the report to the pension fund underwriter, subject to final sign-off by the Mayor.
AMENDMENT TO THE MASTER FEE SCHEDULE FOR TARRYTOWN LAKES FISHING PERMITS
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend the Master Fee Schedule to include the sale of Tarrytown Fishing Permits to the residents of the Town of Greenburgh and the Town of Mount Pleasant for a fee of $15.00.
RESOLUTION TO SCHEDULE A PUBLIC HEARING ON THE TENTATIVE BUDGET FOR FISCAL YEAR 2011-2012
Trustee McGovern moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED, that the Board of Trustees of the Village of Tarrytown does hereby schedule a public hearing to be held on April 13, 2011 at 7:00 p.m., in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear and discuss the proposed Tentative Budget for Fiscal Year 2011-2012.
RESOLUTION TO SCHEDULE A WORK SESSION ON THE TENTATIVE BUDGET FOR FISCAL YEAR 2011-2012
Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby schedule a work session to be held on April 11, 2011 at 7:00 p.m., in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to discuss the proposed Tentative Budget for Fiscal Year 2011-2012.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON MARCH 21, 2011
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
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 March 21, 2011 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON MARCH 16, 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: 6-0-1
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 March 16, 2011 as submitted by the Village Administrator.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON MARCH 18, 2011
Trustee Basher moved, seconded by Trustee McGovern, that the following be approved. Motion carried, all voting “aye” with the exception of Mayor Fixell and 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 March 18, 2011 as submitted by the Village Administrator.
APPROVAL OF AUDITED VOUCHERS NO. 003234 THROUGH NO. 003368
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 003234 through No. 003368 is hereby ordered paid in the following amounts:
General $ 418,179.81
Water 85,302.20
Capital 55,588.82
Library 9,733.26
Trust & Agency 129.25
Total $ 568,933.34
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 003265, 003253, 003326, and 003289. Motion carried. 7-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried, that the meeting be adjourned at 8:20 p.m.
Carol A. Booth
Village Clerk
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