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Village Board of Trustees Minutes 05/02/2011
                                                                Board of Trustees
                                                                Village of Tarrytown
                                                                Regular Meeting  No. 6
                                                                May 2, 2011

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

ABSENT:  Trustee McGovern

The meeting began with the Pledge to the Flag.

REPORTS

Mayor Fixell reported on the following:
  • He thanked the Rotary for funding the prominent, well-designed “Welcome to Tarrytown” sign at the entrance of the Village at Rte. 119 and Broadway.
  • He thanked TEAC for the Village-Wide Cleanup Day this past Saturday.  There were many participants that we want to thank and the list will be part of the minutes of this meeting.
It’s great to see that many had participated to help clean all around the Village.
  • On Saturday, May 21st from 10 a.m. to 2 p.m., the Westchester County Mobile Shredder will be in Tarrytown at the Village Hall parking lot.  
Trustee Basher thanked the people who came out to the duck derby this past Saturday; it was a huge success.

VILLAGE ADMINISTRATOR’S REPORT
Solar Panels – The Village received notice this afternoon from NYSERDA that the additional funds available from the American Recovery and Reinvestment Act grant for the purchase and installation of solar panels on the Village Hall can be used to install a small system on the Senior Center.  NYSERDA has requested information which will be used for a contract amendment which will be submitted to the Board for consideration at a later date.
Flyer – There is a flyer being distributed regarding a development at the top of the ridge line and provides names of people within the Village to contact regarding the approved plan.  I wanted to take this opportunity to point out that there is no such plan within the Village of Tarrytown.  There is a plan that has been submitted to the Town of Greenburgh for development on approximately 50 acres, but it is at a very preliminary review stage.  The property in question also extends into Tarrytown with 24 acres, but there is no application before our Planning Board at the present time for that property.  I also wanted to note that the flyer says that the Village of Tarrytown recently sold parts of the nature preserve at the top of the hill to a developer.  The Village has not sold any land in this area.  

Pot Holes - We are in the process of repairing pot holes.  If anyone would like to report a pot hole, there is a link on our web site, tarrytowngov.com or you may call the Department of Public Works at 631-0356.

Arbor Day – In honor of Arbor Day in the Village of Tarrytown, The Department of Public Works planted two trees at the triangle at McKeel Avenue, Neperan Road and Warren Avenue, also known as Hall’s Hill.

PUBLIC HEARING – PARKS AND RECREATION AREAS (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 2nd day of May, 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 221 entitled “Parks and Recreations Areas” 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 221 entitled “Parks and Recreations Areas” 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 an internal inconsistency exists in the current language of Chapter 221 entitled “Parks and Recreation Areas” of the Code of the Village of Tarrytown which would be eliminated by amending the Chapter to provide for hours of operation in an area designated in the Chapter as a public park, playground and recreational area but is not regulated as other areas as to hours of operation.
B.      Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend Chapter 221 entitled “Parks and Recreations Areas” of the Code of the Village of Tarrytown in order to establish hours of operation for the Village watershed properties similar to the hours of operation of other areas in the Village designated as a public park, playground and recreational area.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.

SECTION 2. Amendment to Chapter 221 entitled “Parks and Recreations Areas” of the Code of the Village of Tarrytown.

§~221-3.4 Hours that the Village Watershed Properties closed to public; exceptions.     

The Village watershed properties shall be open to the public every day between ½ hour before sunrise and ½ hour after sunset except for organized activities under the direction or sponsorship of the Recreation Department or activities approved in advance by the Board of Trustees.

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 Basher moved, seconded by Trustee McGee, and unanimously carried, that the hearing be closed.

Trustee Hoyt moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved:  Approved: 6-0        

WHEREAS, that the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 221, entitled, “Parks and Recreation Areas” in order to create a restriction regarding the hours the Village watershed properties shall be closed to the public; and

WHEREAS, a public hearing was held for the proposed action on May 2, 2011; and

WHEREAS, a notice of public hearing was published in the Journal News on April 23, 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. 4 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.  

CAPITAL BUDGET FOR WATER FUND FISCAL YEAR 2010-2011

Trustee Basher 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 hereby approves the following Capital Budget for the Water Fund for fiscal year 2010-2011:


                                                      CAPITAL BUDGET - WATER FUND
                                                                                                  2010-2011
Department
                   2010-2011
Distribution
~
Cleaning and Cement Mortar Lining
13,850 Linear Feet; various locations throughout the Village (see listing below); also includes valve replacement in areas where water lines are cleaned and cement mortared
                  $2,300,000
Construction of Water Line on Wilson Park Drive from Beech Lane to Warner Lane (per purchase contract)
                   $  375,000
~
TOTAL
                  $2,675,000
Crest Drive - 3,550 lf
Barnes Road - 1,400 lf
Leroy Avenue - 1,500 lf
Loh Avenue - 600 lf
S. Grove Street - 400 lf
Walnut Street - 950 lf
Front Street - 350 lf
High Street - 550 lf
Embree Street - 800 lf
Lincoln Avenue - 700 lf
Woodlawn Avenue - 700 lf
Union Avenue - 750 lf
Kerwin Place - 700 lf
Ridgewood Terrace - 300 lf
Midland Avenue - 300 lf
Gunpowder Lane - 300 lf



FUNDING FOR THE CONSTRUCTION OF THE NEW WATER LINE AT WILSON PARK

Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved:  Approved: 6-0

WHEREAS, on January 4, 2010 the Board of Trustees authorized the execution of an agreement for the purchase of 11.3846 acres of land on Wilson Park to be utilized as parkland; and

WHEREAS, included in that agreement was the obligation for the Village to construct a new water line to service the area, which obligation was originally that of the developer that obtained a subdivision; and

WHEREAS, since the timing of the construction of the new water line was questionable, it was determined by the Board of Trustees that it was in the best interest of the Village to be responsible for the construction of the new water line and to deduct that cost from the cost to purchase the property.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees, which authorized the construction of the new water line as part of the agreement, authorized on January 4, 2010, does hereby declare that the funding for the construction of the new water line shall be financed from a future financing resolution.  
AGREEMENT WITH WESTCHESTER COUNTY – STOP DWI PATROL/DATAMASTER PROJECT

Trustee Basher 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 a contract with Westchester County for reimbursement in the maximum amount of $8,400 per year for costs associated with the Stop-DWI Patrol/Datamaster Project.  This agreement shall commence on January 1, 2011 and continue through December 31, 2015.

BID AWARD FOR VIDEO EQUIPMENT FOR BOARD ROOM

Administrator Blau stated that when the Village negotiated franchise agreements with both Verizon and Cablevision, there were capital monies to be provided to the Village for PEG access. It was determined by the Board that the audio/visual system in the Board Room be upgraded.  The monies from the funds set aside from the capital monies from both Verizon and Cablevision will provide a much more sophisticated system that we currently have in place; for example, 3 cameras, instead of one and the ability to select and review specific board meetings.

Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved:  Approved: 6-0

WHEREAS, bids were opened on April 15, 2011 for the purchase of video equipment for the Village of Tarrytown Board Room; and

WHEREAS, three bids were received and the bids received are listed below; and

  • Electrosonic, Inc.                              $41,576.50
  • Colortone Audio Visual                  $46,249.00
  • B & H Photo-Video Corp.                 $25,038.99
WHEREAS, the bid submitted by B & H Photo-Video Corp. is a partial bid and based thereon is hereby deemed non-responsive; and

WHEREAS, the bids have been reviewed by the consultant employed by the Village to prepare the specifications for the video equipment to be purchased and the consultant has recommended that the bid be awarded to Electrosonic, Inc. based upon the price and past experience with the bidder.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the purchase of video equipment for the Village of Tarrytown Board Room to Electrosonic, Inc. of New York, New York per their bid of $41,576.50.

BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with Electrosonic, Inc. for the purchase of the video equipment.

APPOINTMENT OF WATER SEWER MAINTENANCE WORKER

Trustee Butler 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 appointment of Nicholas Maltese as Water Sewer Maintenance Worker Grade I at an annual salary of $58,000 effective May 4, 2011.  Said appointment is provisional and pursuant to the approval of the Westchester County Department Human Resources and is subject to all applicable civil service rules and regulations.

APPOINTMENT OF ASSISTANT COURT CLERK SPANISH SPEAKING

Trustee Basher moved, seconded by Trustee McGee, 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 appointment of Jacqueline Paz as Assistant Court Clerk Spanish Speaking, Step 1, at an annual salary of $40,118 effective May 20, 2011.  Said appointment is probationary and pursuant to the approval of the Westchester County Department Human Resources and is subject to all applicable civil service rules and regulations.

APPOINTMENT OF PART-TIME SEASONAL LABORER

Trustee Hoyt moved, seconded by Trustee McGee, 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 appoints Anthony Jelenek to the part-time seasonal position of Laborer in the Department of Parks and  Recreation at an hourly rate of $9.00 effective May 3, 2011 through June 3, 2011.

AMENDMENT TO THE MASTER FEE SCHEDULE – SEWER FEES

Trustee Basher 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 amends the Master Fee Schedule for the Village of Tarrytown by establishing a Sewer Fee and the rate thereof as follows:

     Sewer Fee: $1.50 per 1,000 cubic feet of water consumed

APPROVAL OF THE MINUTES OF THE ANNUAL ORGANIZATIONAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 4, 2011

Trustee Basher moved, seconded by Trustee McGee, 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 annual organizational meeting of the Board of Trustees held on April 4, 2011 as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF  TRUSTEES HELD ON APRIL 18, 2011

Trustee McGee moved, seconded by Trustee Basher, that the following resolution be approved.  Motion carried, all voting “aye” with the exception of Mayor Fixell 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 regular meeting of the Board of Trustees held on April 18, 2011 as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 13, 2011

Trustee Basher 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 special meeting of the Board of Trustees held on April 13, 2011 as submitted by the Village Administrator.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON APRIL 25, 2011

Trustee Hoyt moved, seconded by Trustee Zollo, that the following resolution be approved.  Motion carried, all voting “aye” with the exception of Trustee Basher 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 April 25, 2011 as submitted by the Village Administrator.

        APPROVAL OF AUDITED VOUCHERS NO. 003555 THROUGH NO. 003683

Trustee Zollo moved, seconded by Trustee Basher, 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. 003555 through No. 003683 is hereby ordered paid in the following amounts:

General                 $       246,172.05
Water                              11,897.12
Capital                          719,994.26
Library                              7,773.68
Trust & Agency                                7,250.78
Total                        $      993,087.89

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 003570, 003607, and 003652; and Trustee Basher who abstained from Voucher Number 003644.   Motion carried.  6-0

ADJOURNMENT TO EXECUTIVE SESSION

Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried, that the meeting be adjourned to Executive Session to discuss possible litigation at 8:21 p.m.

ADJOURNMENT

Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried that the meeting be adjourned at 8:45 p.m.



Carol A. Booth
Village Clerk


List of Participants in Tarrytown Cleanup

Girl Scout Troop 1416                   Clair Moore
Thaina Almonte                          Audrey Moore
Yadira Molina                           Tracy Moore
Asia Purdie                                     Amy Wessan
Liz Garo                                        Harley Dembert
Carol Yunga                                     Craig A. Allan
Leslie Yunga                                    Cameron A. Allan
Jill Perlstein                                  Cambell A. Allan
Pat O’Neil                                      Angel Gauraler
Beth Tondreau                           Tomislav Macan
Martin Hauser                           Ceclia Shung
Charles Davey                           Carole Griffiths
Mary Westerfield                                Sean Roach
Claudia Mausner                         Yoram Gelman
Kristin Giacalone                               Greg Galloway
Mdark Lukiz                                     EF Students
Michael Blau