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Village Board of Trustees Minutes 5/7/2012
Board of Trustees
Village of Tarrytown
Regular Meeting No. 8
May 7, 2012
8:00 p.m.

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

The meeting began with the Pledge to the Flag.

REPORTS

Trustee Basher stated that three weeks ago at a board meeting he took ill.  Contrary to what was reported, he did not have a heart attack; he was in the hospital with bacterial pneumonia.  He thanked everyone for their cards, phone calls and prayers.  A special thanks to his wife who insisted that he go to the hospital, which was the right decision.

VILLAGE ADMINISTRATOR’S REPORT

Village Clerk – at the last Board of Trustees a question was posed as to why the Village Clerk does not also serve as the Village Assessor, based upon the Westchester County Department of Human Resources job description.  The job description states, “Under the general supervision of the Board of Trustees, the person in this class is responsible for the administrative work of the Village.  This is responsible work, requiring a considerable independent judgment and discretion, covering the many business transactions required by Village Law and by action of the Board of Trustees.  The job description provides Examples of Work, but notes that the list is illustrative only.  Included in the list is a statement, “Serves as assessor, tax collector and registrar of vital statistics if necessary.”  The Village Clerk in Tarrytown does serve as the registrar of vital statistics, but does not serve as the assessor or tax collector.  It is the decision of the Board of Trustees as to whether the other jobs are a necessary part of the position of the Village Clerk, and in the case at hand, the Board of Trustees has decided that only one of the functions should be the responsibility of the Village Clerk.  

Organic Waste Transfer Station – questions have been posed to the Board of Trustees regarding activities at the Organic Waste Transfer Station, which is located off of Tower Hill Road.  Prior to being used as the Transfer Station, the site was used for the placement of materials by both the Village and the general public.  In April of 2009 the Village commenced using the site for the Organic Waste Transfer Station and allowed green industry contractor to use the site for the placement of leaves, brush and other organic waste; however, due to control issues, the site has been closed to everyone but Village staff.  I have issued a report as to my findings in regards to the use of the site and the materials deposited on the site.  I have shared my report with John Stiloski, who has posed a number of questions as to the use of the site.  Mr. Stiloski came in to see me today in regards to the report and posed a number of additional questions which were not addressed in the report to which I will be responding to in an addendum to the report.  

PUBLIC HEARING – AMENDMENT TO CHAPTER 305, ZONING, SECTION 305-134. E.  ADDITIONAL MATERIAL TO BE SUBMITTED

Trustee Zollo moved, seconded by Trustee Basher, 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 Basher, and unanimously carried, that the hearing be continued to the next regular board meeting.  Approved: 7-0

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of May, 2012, 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 Section 305-134 entitled “Application; contents,” subsection E entitled “Additional material to be submitted” 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 305, Zoning, Section 134, entitled “Application; contents,” subsection E entitled “Additional material to be submitted” 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 it would be more efficient to outline in greater detail the material and information which needs to be submitted to the Planning Board when an application for a waiver, variance or other relief is sought given that this information is necessary to process applications and it takes time to obtain the requisite information.
B.       Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend Section 305-134 entitled “Application; contents,” subsection E entitled “Additional material to be submitted” of the Code of the Village of Tarrytown to include a projection of utility costs for new home and to outline in greater detail the material and information which needs to be submitted to the Planning Board when an application for a waiver, variance or other relief is sought.
Material to be deleted appears in underline , material to be added is in bold typeface.

SECTION 2. Amendment to Section 305-134 entitled “Application; contents,” subsection E entitled “Additional material to be submitted” of the Code of the Village of Tarrytown.

§ 305-134.  Application; contents

E. Additional material to be submitted

(3)     Applicants must identify every element of the Subdivision and Site Development Plan that require variances, waivers, permits or any other relief from the Code of the Village of Tarrytown and/or of the Laws State of New York. For each such element, the applicant shall provide an explanation of why the variance, waiver, permit or other relief requested complies with the requirements of the Code of the Village of  Tarrytown  and/or with the Laws of the State of  New York for such relief and why it would be beneficial to the health, safety and welfare of the residents of the Village of Tarrytown to grant the requested relief taking into consideration the character of the nearby neighborhood, the impact to nearby properties and the effect or impact on the physical and environmental conditions of the area.

(4)     Applicants must provide an estimate of the utility costs associated with new homes, expressed as $ per square foot per year.

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

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 stated the following:
  • The official minutes of the organizational meeting are incorrect.  They show the Village Clerk’s appointment approved by 6 ayes and 1 abstention.  All resolutions at that meeting were approved 7-0 except for 1 abstention by Trustee McGee.
  • Asked if we have an update on the AAA voucher.  Administrator Blau stated that he has provided the Board with a report on this voucher and he can provide her a copy of the report.
Eleanor Miscioscia, 36 Storm Street, stated that she filed a complaint with the Ethics Board and she doesn’t agree with their response.  Who does she go to next?  Attorney Shumejda stated that the Ethics Board reviews complaints and makes their determination.  You would go to court to challenge their determination.

RESOLUTION – AWARD OF BID FOR PIERSON PARK REHABILITATION AND ANDRE BROOK RESTORATION PROJECT

Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved:  Approved: 7-0

WHEREAS, bids were opened on April 2, 2012, for the Pierson Park Rehabilitation and Andre Brook Restoration Project, and;

WHEREAS, the Village has grant funds for this project totaling $3,112,827 from the New York State Department of State, and;

WHEREAS, the Village has grant funds for this project totaling $167,000 from the U.S. Department of Agriculture; National Resources and Conservation Service, and;

WHEREAS, the Village has grant funds for this project totaling $100,000 from the New York State Office of Parks Recreation and Historic Preservation, and;

WHEREAS, eleven bids were received and the bids received are listed below:

  •         ELQ Industries, Inc.                                    $3,247,756.00
  •         Avanti Building Construction Corp.              $3,258,847.50
  •         DiMarino Bros. Contracting, Inc.                        $3,377,650.70
  •         Bradhurst Site Construction                     $3,439,000.00
  •         Landscape Unlimited, Inc.                               $3,497,393.00
  •         Vernon Hills Contracting Corp.                  $3,604,084.65
  •         McNamee Construction Corp.                      $3,963,000.00
  •         MVM Construction, LLC                           $4,145,000.00
  •         Petrillo Contracting                                    $4,170,011.00
  •         Grasso Bros. General Contracting                        $4,248,975.00
  •         Fourmen Construction, Inc.                      $4,244,260.81
and

WHEREAS, the Village’s Consultant, RGR Landscape Architecture, has reviewed the bids and recommended awarding  the bid to ELQ Industries, Inc.; and

WHEREAS, staff has reviewed the bids and the evaluation of the bids by the Village’s Consultant and concurs with the recommendation.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the Pierson Park Rehabilitation and Andre Brook Restoration Project, to the lowest responsible bidder, ELQ Industries, Inc., of New Rochelle, New York per their bid of $3,247,756.00.  

BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with ELQ Industries, Inc. for the Pierson Park Rehabilitation and Andre Brook Restoration Project.

RESOLUTION – AWARD OF BID, CONSTRUCTION OF COMMUTER PARKING LOT ON GREEN STREET

Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved:  Approved: 7-0

WHEREAS, bids were opened on April 24, 2012, for the Construction of a Commuter Parking Lot on Green Street; and

WHEREAS, the Village has a New York State Multi-Modal Grant totaling $250,000; to be used for this project, and

WHEREAS, eleven bids were received and the bids received are listed below:

  •         Bradhurst Site Construction                     $657,140.00
  •         ELQ Industries                                  $664,523.25
  •         Paladino Concrete Creations                     $676,108.41
  •         Landi Contracting                                       $690,953.70
  •         Contact Construction Technology         $710,000.00
  •         DiMarino Brothers                                       $702,329.38
  •         R. Pugni & Sons                                 $709,505.00
  •         Bilotta Construction                            $770,995.97
  •         TWI Construction                                        $771,558.00
  •         Fourmen Construction                            $836,002.75
  •         Waters Construction Co.                         $931,469.75
and

WHEREAS, the Village’s Consultant on the project, Hudson Engineering Consulting, has reviewed the bids and recommended awarding the bid to Bradhurst Site Construction; and

WHEREAS, staff has reviewed the bids and the evaluation of the bids by Hudson Engineering Consulting 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 Construction of a Commuter Parking Lot on Green Street to the lowest responsible bidder, Bradhurst Site Construction, of Valhalla, New York per their bid of $657,140.00.  

BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with Bradhurst Site Construction for the Construction of a Commuter Parking Lot on Green Street.

RESOLUTION – AUTHORIZING ASSISTANT VILLAGE ENGINEER TO SIGN WESTCHESTER COUNTY HEALTH DEPARTMENT SUBMISSIONS

Trustee Basher moved, seconded by Trustee McGee, 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 authorizes Assistant Village Engineer Donato Pennella, P.E. to sign all permits, applications, transmittals, and submissions required by Westchester County Department of Health on behalf of the Village of Tarrytown in the absence of Michael McGarvey, Village Engineer.

RESOLUTION – EXECUTION OF AGREEMENT WITH COMMUNITY MARKETS

Trustee Basher moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved:  Approved: 7-0

BE IT RESOLVED that the Village Administrator is hereby authorized to execute an agreement with Community Markets for the operation of the 2012 Farmers Market from May 26, 2012, to November 17, 2012.

RESOLUTION - APPOINTMENT OF SEASONAL EMPLOYEES, RECREATION AND PARKS DEPARTMENT

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 hereby appoints Carlos Luis to the position of seasonal laborer in the Recreation and Parks Department at an hourly rate of $11.25 per hour working sixteen (16) hours per week, commencing on May 9, 2012 and ending on September 27, 2012.

BE IT FURTHER RESOLVED that the Board of Trustees hereby appoints Lou Ballas to the position of seasonal laborer in the Recreation and Parks Department at an hourly rate of $9.00 per hour working forty (40) hours per week, commencing on May 9, 2012 and ending on August 24, 2012.

RESOLUTION – AMENDMENT TO MASTER FEE SCHEDULE

Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved:  Approved: 7-0

BE IT RESOLVED that the Master Fee schedule for the Village of Tarrytown is hereby amended as follows:

                                FROM                                    TO
     Building Permit            $50.00 Plus                             $50.00 Plus
Renovation              $10.00 per $1,000                       $15.00 per $1,000
New Residential $1.25 per square foot           $2.00 per square foot
All floor areas

New Commercial  $2.00 per square foot           $3.00 per square foot
All floor areas
   
Parking Permit          Resident $275/year;                     Resident $350;                          
$215/semi-annual                        $275/semi-annual
Resident Carpool                        Resident Carpool                                
                                $275/year plus $50                      $350/year plus $65
                                for each additional car         for each additional car

        Non-Resident $1,075/year;               Non-Resident $1,150/year;
$655/semi-annual                        $750/semi-annual

        Non-Resident Carpool            Non-Resident Carpool      
        $1,075/year; plus $100          $1,150/year; plus $130
       for each additional car                 for each additional car

RESOLUTION – SCHEDULE PUBLIC HEARING, COMPATIBLE USE PERMIT FOR THE CASTLE AT TARRYTOWN

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 schedule a Public Hearing for the regular meeting of May 21, 2012, at 8 p.m., at Village Hall, One Depot Plaza, Tarrytown, New York, to consider amendments to the compatible use permit issued for The Castle at Tarrytown.

RESOLUTION – SEQRA FOR TARRYTOWN LAKES TRAILS

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 declare itself to be lead agency in relation to the Tarrytown Lakes Trails restoration and expansion project; and

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown has reviewed all documentation in regards to this proposal and finds that this project  does not exceed any Type I threshold in 6 NYCRR, Part 617.4; and

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown finds that the project poses no adverse environmental impact and does hereby issue a Negative Declaration in regards to the Tarrytown Lakes Trails restoration and expansion project.

RESOLUTION - SUPPORT FOR HISTORIC HUDSON RIVER TOWNS GRANT SUBMISSION

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 7-0

WHEREAS, the Village of Tarrytown hereby acknowledges and supports the Historic Hudson River Town’s grant submission to the Greenway Compact Grant Program for partial funding for a project entitled “HudsonRiver.com: Online Regional Itinerary Building” ; and

WHEREAS, the Historic Hudson River Towns has historically operated on an intermunicipal level to assist and promote a member municipality’s tourism and economic development activities; and

WHEREAS, the grant application for implementation projects requires that at least 50% of the member municipalities that benefit from the grant are Greenway Compact Communities;

NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Tarrytown hereby does approve of the Historic Hudson River Towns grant application under the Greenway Compact Grant Program for a project knows as “HudsonRiver.com: Online Regional Itinerary Building.”

APPROVAL OF AUDITED VOUCHERS

Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved:  Approved: 7-0

BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers included in Abstract No. 20 and hereby orders the Audited Vouchers to be paid in the following amounts:

                        General         $      443,881.80
                              Water                 249,074.47
                        Sewer Fund                                     0.00
                        Capital                 912,621.07
                        Library                   10,780.97
                        Trust & Agency                   2,587.00
                        Total                         $ 1,618,945.31

The Board was polled all voting “aye” with the exception of Trustee Hoyt who abstained from Voucher Number 2012236044.   Motion carried.   7-0

ADJOURNMENT

Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the meeting be adjourned at 8:23 p.m.


Carol A. Booth
Village Clerk