Board of Trustees
Village of Tarrytown
Regular Meeting No. 10
June 20, 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
Trustee McGee stated that this past weekend our fire department participated in the Hudson Valley Firemen’s Convention which was held at Lake George. They came in second over-all for Best Dress Uniform with over 38 members in
line. They also participated with the Westchester Volunteer Firemen’s Department in a tribute to 9-11; which the marte gras parade was dedicated to. All Westchester contingents came in first. We can be very proud of our fire
department and the Westchester County volunteers.
Trustee Hoyt stated that this Saturday is Kite Day in the Village at Losee Park at 10 a.m. Kites will be provided as supplies last or you can bring your own.
VILLAGE ADMINISTRATOR’S REPORT
Hydrant Flushing Program – Hydrant flushing program throughout the Village started today and will take approximately 2 weeks to complete. Notice will be provided via reverse 9-1-1 to the areas affected each day.
RiverWalk Park – it is anticipated that the final portion of the RiverWalk, which is located at the north end of the property, will be completed by the end of the month. The Village will be moving forward with the bidding of the Pierson
Park rehabilitation and Andre Brook restoration project, which was delayed due to a longer than anticipated coastal consistency review of the project by New York State. The coastal consistency approval was received on June 7
which enabled the Village to move forward with our application to the Army Corps of Engineers and the New York State Department of Environmental Conservation for permits to enlarge the fishing pier and to construct the kayak
launch. The Village will be bidding the project while the permit applications are being processed.
Questions posed at last Board of Trustees meeting.
Water Line Repairs on Route 119. A repair of a water line had occurred at the site. There was a trench dug to access the water line which was approximately 6 feet deep. A trench is not considered confined space per OSHA
regulations. The air does not have to be monitored before entering the trench unless an atmospheric hazard exists or it is located near a landfill or near to a hazardous chemical storage area. The Village staff member who entered the
trench did monitor the air in the trench and the air was determined to be safe prior to his entering the trench. The walls of a trench have to be shored or a determination made by an appropriate official that the walls of the trench are
stable or are cut back to make sure that there will be no collapse on the person(s) in the trench. In the case at hand, the trench was cut back and benched during the excavation which means that our staff member in the trench could
actually sit on the area that was benched to turn-off the service connection. In addition, there was a ladder in the trench. The Village Engineer made a determination that the trench was safe and would not cave based upon an
assessment of the materials along the side of the trench (asphalt, concrete) as well as the type of soils.
Drain Inlet. Village staff was sent out to complete point repairs at a number of drain inlets in the Village. The work assigned were point repairs to the top layers of brick and the mortar bed under the cast iron grate in the drain inlet.
The work was to be completed from the outside of the inlet and in fact work had been performed at two other locations from above by one staff member. The basin in question was 6 feet deep with a dirt bottom. When the staff
member went to the basin to ascertain the extent of the work necessary, it appeared that a good portion of the basin was filled with debris and the basin was cleared of debris using the Village’s Vac-All. The staff member
entered the inlet, which was approximately six feet in depth and started to work on the point repair, which included clearing out the brick and mortar that needed to be replaced. The staff member should not have entered the drain inlet
and he was not directed by any management staff to enter the drain inlet. The Village Engineer has met with DPW staff to once again discuss with them our expectations in regards to entering confined space and catch basins or
inlets.
Gas Meter. A question was posed about the recalibration of a gas meter. There was a date on the meter with a recommended recalibration date and the meter was not recalibrated by that date. The Village has three gas meters and
based upon the comments, the Village has implemented a program with the vendor who would perform the recalibration to call the Village one month prior to the calibration date to schedule the recalibration of the meters. All three
meters will be recalibrated on the same day.
Collapsed Pipe – Old Forge Lane. The collapse of the pipe occurred in February of this year. The area of the collapse was plated to prevent any possible access to the collapsed area. Thereafter, point repairs were completed on the
pipe and the area was backfilled with Item 4 material. Once this work was completed, the area was safe to drive over and the plates were removed from the site. As a precautionary measure, cones were placed over the site to prevent
vehicles from driving over the repaired area. The Village has completed the permanent repair work at the site by replacing the damaged pipe. It was noted that there was only one orange cone on the site of the initial repairs and when
the Village Engineer went out to investigate, it was found that there was only one cone. Additional cones were placed at the site until the permanent repair work was complete.
Water Leaks. It was noted that there were water leaks in three locations in the Village. One was on Neperan Road, which the Village was aware of and there is minimal water leaking from the location. The Village intends to repair the
leak when staffing levels stabilize. The second leak was at Highland Avenue by Altamont Avenue, which upon investigation was determined to be from an underground stream. The third leak was in front of Lyndhurst on Route 9.
The Village is investigating this site to determine whether it is actually a leak or an underground stream.
He noted that if anyone has a concern about an issue or work being performed or not performed, please contact me by phone (631-1885) or email (mblau@tarrytowngov.com). The Village would like to address these issues sooner
rather than later and contacting me will enable me to direct staff in order to address the issues presented by residents.
Upper Tarrytown Lakes – We recently had an algae bloom at the upper Tarrytown Lakes. The aeration system at the Lakes went down for almost a week due to a power outage. The system is back on and we will check that the
system is working each day. Lake Savers put additional bacteria in the Lake.
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
Lori Semeraro, 205 Martling Avenue, asked the following:
- What is the installation date for the new camera equipment for the board room?
Administrator Blau stated that two-thirds of the equipment has arrived except the Sony equipment is back-logged out of Japan. We are hoping to receive the equipment by August; but we are not sure at this time.
- She understood that Pierson Park was closed due to construction and yet there are signs for concerts in the park at Pierson Park. She asked if Pierson Park is closed.
Administrator Blau stated that we anticipated being underconstruction at Pierson Park at this time. Due to a delay at the state level and the review process, construction has not begun. At this point, Pierson Park is open and it made more sense to have the concerts at Pierson Park instead of Patriots Park.
CONFINED SPACE PROGRAM
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 establish a Confined Space Program for the Village of Tarrytown, which shall be annexed to these minutes as part of the official record.
AWARD OF BID, PHASE V – CLEANING & CEMENT MORTAR LINING BID
Administrator Blau stated that the original Engineer’s budget for this project was $2.3 million.
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved: Approved: 6-0
WHEREAS, the Village Engineer was authorized to solicit bid proposals for the Phase V bid; and
WHEREAS, bids were opened on May 31, 2011 for the Phase V – Cleaning & Cement Mortar Lining of Water Mains & Miscellaneous Modifications; and
WHEREAS, four bids were received and the bids received are listed below:
Contractor Bid
Heitkamp Inc. $1,497,900.00
J. Fletcher Creamer & Sons $1,522,762.50
Dewcon, Inc. $2,318,460.00
Metra Industries $2,467,504.00
WHEREAS, after review by the Village Engineer and Village’s Water Engineering Consultant, it is recommended that the contract be awarded to the lowest responsible bidder, Heitkamp Inc. in the amount of $1,497,900.00; and
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the Phase V – Cleaning and Cement Mortar Lining Project to Heitkamp Inc. of Watertown, Connecticut, per their bid of $1,497,900.
BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with Heitkamp Inc. for the Phase V – Cleaning and Cement Mortar Lining Project.
CHANGE ORDER – WATER LINE 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 approve a change order regarding the Phase IV Water Main Replacement project in the amount of $171,195.83, as outlined in the Village Engineer’s
memorandum dated June 9, 2011.
AMENDMENT OF THE MASTER FEE SCHEDULE – NON-RESIDENTIAL WATER RATES
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 pertaining to new, non-residential tiered water rates as follows:
Village Non-Residential
$51.78 per 1,000 cubic feet for first 2,000 cubic feet
$55.99 per 1,000 cubic feet for next 5,000 cubic feet
$60.54 per 1,000 cubic feet for next 5,000 cubic feet
$66.45 per 1,000 cubic feet thereafter
Outside Village Non-Residential
$77.38 per 1,000 cubic feet for first 2,000 cubic feet
$83.99 per 1,000 cubic feet for next 5,000 cubic feet
$90.81 per 1,000 cubic feet for next 5,000 cubic feet
$99.68 per 1,000 cubic feet thereafter
BE IT FURTHER RESOLVED that this amendment to the Master Fee Schedule shall take effect with the January 2012 water bills.
CONVEYANCE OF DEPARTMENT OF PUBLIC WORKS PROPERTY
Trustee Zollo moved, seconded by Trustee Basher, 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 all documents associated with the conveyance of
the Department of Public Works property and building.
CONFIRMATION OF FIRE CHIEFS
Trustee Butler moved, seconded by Trustee Zollo that the following resolution 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 does hereby confirm the Tarrytown Volunteer Fire Department election for the positions of Fire Chief and Second Assistant Fire Chief subject to waivers issued by the Ethics Board of the Village of Tarrytown.
FIRE DEPARTMENT MEMBERSHIP CHANGES
Trustee Hoyt 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 following Fire Department membership changes recommended at the May 17, 2011 Board of Fire Wardens meeting: Membership: Rick Tucci has been elected to active membership to Conqueror Hook & Ladder Company as a transfer from Phenix Hose; David Orifici and Bethany Orifici have been elected to active membership to Consolidated Engine Company; Kevin Igwe has become a member of Marine 5. Drivers: Andrew Hofgartner and Kelly Murphy have been added as drivers for Utility 61.
TAX CERTIORARI – MARTLING OWNERS, INC.
Trustee Basher moved, seconded by Trustee McGee that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustee Zollo who abstained. Approved: 5-0-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the tax certiorari settlement with Martling Owners, Inc., 222 Martling Avenue, as outlined in the Village Attorney’s memorandum dated
March 19, 2011.
BE IT FURTHER RESOLVED that financing for this tax certiorari settlement may be provided pursuant to a future bond authorization.
SCHEDULE A PUBLIC HEARING – PERMIT PARKING FOR COMMERCIAL VEHICLES
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 schedule a Public Hearing for the regular meeting of July 18, 2011, to hear and discuss a proposed amendment to the Code of the Village of
Tarrytown, Chapter 291, Article VI, Permit Parking, to create a parking permit system to enable commercial vehicles to park in specific Village-owned parking lots.
SCHEDULE A PUBLIC HEARING – RECYCLING
Trustee McGee 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 schedule a Public Hearing for the regular meeting of July 18, 2011, to hear and discuss a proposed amendment to the Code of the Village of
Tarrytown, Chapter 237, Recycling, to add plastic containers with the numbers 3 through 7 on the bottom of the container to the list of mandatory recyclables within the Village of Tarrytown.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON MAY 16, 2011
Trustee Zollo moved, seconded by Trustee Basher, 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 approve the minutes of the regular meeting of the Board of Trustees held on May 16, 2011 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON MAY 27, 2011
Trustee Zollo moved, seconded by Trustee Basher, 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 approve the minutes of the Special Meeting of the Board of Trustees held on May 27, 2011 as submitted by the Village Administrator.
APPROVAL OF AUDITED VOUCHERS NO. 003823 THROUGH NO. 003971 AND AUDITED VOUCHERS NO. 000001 THROUGH NO. 000236
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. 003823 through No. 003971 and Audited Vouchers No. 0000001 through No. 000236 is hereby ordered paid in the following amounts:
General $ 1,358,993.82
Water 91,204.16
Capital 1,141,938.39
Library 14,405.45
Trust & Agency 4,848.44
Total $ 2,611,390.26
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 003916, 003917, 000066, 000136, 003875, 003946, 000195, 000196, 000197, and 000198. Motion carried. 6-0
ADJOURNMENT TO EXECUTIVE SESSION
Trustee Basher moved, seconded by Trustee McGee, and unanimously carried, that the meeting be adjourned to Executive Session to discuss personnel at 8:25 p.m.
Carol A. Booth
Village Clerk
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