Board of Trustees
Village of Tarrytown
Regular Meeting No. 22
December 3, 2012
8:00 p.m.
PRESENT: Deputy Mayor Basher presiding; Trustees Butler, Hoyt, McGee, McGovern and Zollo; Administrator Blau; Village Attorney Shumejda and Village Clerk Booth
ABSENT: Mayor Fixell
The meeting began with the Pledge to the Flag.
MOMENT OF SILENCE – KRISTIN WELTZHEIMER
Deputy Mayor Basher requested a moment of silence in honor and memory of Kristin Weltzheimer, who recently passed away. Kristin was the former Library Director of the Warner Library in the Village of Tarrytown. There will be a service for Kristin this Saturday at 2 p.m. at the Union Church in Pocantico Hills.
REPORTS
Trustee McGee thanked the Library for providing a warm place for Santa this past Saturday following our Tree Lighting.
Trustee Hoyt thanked everyone who came out to the Tree Lighting. It was a great job by Joe Arduino, Recreation Supervisor and his staff and the Parks and Recreation Advisory Council.
VILLAGE ADMINISTRATOR’S REPORT
The new hours of the Hurricane Sandy disaster recovery center at the County Center are from 8 a.m. to 6 p.m. seven days a week. The concept is that the recovery center can answer virtually all of your questions relating to Hurricane Sandy assistance and FEMA can assist residents and businesses navigate through the process of applying for disaster relief. FEMA is strongly advising that people register in advance before visiting the disaster center. Residents can apply for FEMA aid without coming to the County Center. The first step is to register either by calling FEMA's registration number (800) 621-3362; or going to www.disasterassistance.gov.
The center is staffed with representatives from:
- Con Edison to answer customer questions
- FEMA to help individuals, households apply for financial aid for losses and damages caused by the storm
- The Small Business Administration, which will help individuals, non-profits and businesses of any size apply for low-interest loans for storm-related damages
- A variety of social services agencies to provide residents with recovery assistance
FEMA advised that all persons applying for assistance at the center should be prepared to provide:
- Social Security number (including your spouse's if applicable)
- Private insurance information, if available
- Address and ZIP code of the damaged property
- Directions to the damaged home or property
- Daytime telephone number
- An address where you can receive mail
The deadline for registering for FEMA disaster aid is December 31, 2012.
Deputy Mayor Basher noted that from his personal experience, filling out the forms on the FEMA website was very easy and convenient instead of going to the service center.
McKeel Avenue Parking Lot – all of the construction work has been completed in the parking lot. What remains to be completed is the installation of the signs designating the spaces, the electrification of the master parking meter and the programming of the master meter after it is electrified. The work should be completed within 2 weeks.
Hammering Sound in the Crest, Carrollwood, Edgemont. The Village has been questioned about the ongoing hammering sound. The sound is coming from renovation rock being hammered out at The Castle. Weather permitting, the hammering will continue for another 6 weeks. In fact, when they start hammering to remove rock as part of the retention system, they will be hammering closer to The Crest. The hammering, per our Noise Law, can occur from 8 am to 6 pm. Monday through Saturday.
PUBLIC HEARING – SIDEWALK CAFÉ (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 3rd day of December, 2012, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendments to Chapter 247 entitled “Sidewalk Café and Vending” 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 247, Sidewalk Café and Vending, Article I, Section 3, Permit Required of the Code of the Village of Tarrytown.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The existing Code has established the time period that sidewalk cafes are permitted in the Village from April 1 up to and including November 30 of each year. The Merchants Council of the Sleepy Hollow Chamber of Commerce has requested that the Board of Trustees consider expanding the time period that sidewalk cafes are permitted in the Village.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend the Code, per the request of the Merchants Council to extend the time period that sidewalk cafes are permitted.
Material to be deleted appears in parenthesis [ ], material to be added is in bold typeface.
SECTION 2. AMENDMENT TO CHAPTER 247, ARTICLE I, SIDEWALK CAFES, SECTION 3 PERMIT REQUIRED.
The Village Administrator is authorized to issue a permit for the seasonal operation of a sidewalk cafe, provided that all of the requirements of §~247-4, Conditions for issuance of permit, and §~247-5, Fees and deposits; failure to comply, have been complied with by the applicant. The permit shall be valid from March 15 [April 1] up to and including November 30 of any calendar year. This permit may be renewed annually, subject to the conditions of §§~247-4 and 247-5.
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 McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the hearing be opened.
Deputy Mayor Basher questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Butler moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be closed.
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 does hereby amend the Code of the Village of Tarrytown, Chapter 247, “Sidewalk Café and Vending” to extend the time period that sidewalk cafes are permitted.
WHEREAS, a public hearing was held for the proposed action on December 3, 2012; and
WHEREAS, a notice of public hearing was published in the Journal News on November 24, 2012; 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. 9 of 2012.
PUBLIC HEARING – PAYMENT OF RECREATION FEES (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 3rd day of December, 2012, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendments to Chapter 305 entitled “Zoning” of the Code of the Village of Tarrytown, Section 138 Fees, Subsection E. Recreation Fees. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:
A LOCAL LAW to amend Chapter 305 entitled “Zoning”, Section 138 Fees, Subsection E. Recreation Fees of the Code of the Village of Tarrytown.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Building Department has requested clarification be included in the Code of the Village of Tarrytown, Chapter 305 regarding when recreation fees must be paid by a developer. There is no explicit language in the Code regarding when the payment must be made which creates confusion for the Building Department when a request is made to a developer for payment of the fee. The Planning Board reviewed the matter and issued recommendations which were incorporated into a draft considered by the Board of Trustees. The Board of Trustees has made the determination that sufficient confusion exists regarding this matter and it is necessary to establish a provision in the Code that clearly delineates the timing of the payment of the fee.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend the Code to establish a time certain when payment of the recreation fees must be made to the Village. The amendment is designed to eliminate any questions or possible confusion regarding the timing of the payment.
Material to be deleted appears in parenthesis [ ], material to be added is in bold typeface.
SECTION 2. AMENDMENT TO CHAPTER 305, SECTION 138.E. (3) AND (4), RECREATION FEES.
(3) The fee to be placed in a recreation fund shall be established by the Board of Trustees and shall be increased annually [$7,000 per lot or per unit, whichever is greater, with annual cost of living adjustments] based upon the CPI as of January 1 of each calendar year. The fee shall be paid on a per lot or per unit basis, whichever is greater. The Building Department shall be responsible for increasing the fee per the CPI and shall maintain a spreadsheet with the recreation fees going forward.
(4) The fee due for the entire subdivision shall be paid prior to the Chair of the Planning Board signing the subdivision plat.
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 McGovern moved, seconded by Trustee McGee, and unanimously carried, that the hearing be opened.
Deputy Mayor Basher questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the hearing be closed.
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 does hereby amend the Code of the Village of Tarrytown, Chapter 305, “Zoning,” Section 138.E. “Recreation Fees” to establish a time certain when the fee is to be paid to the Village.
WHEREAS, a public hearing was held for the proposed action on December 3, 2012; and
WHEREAS, a notice of public hearing was published in the Journal News on November 24, 2012; 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. 10 of 2012.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD ONLY ON AGENDA ITEMS. SPEAKERS SHALL HAVE THREE (3) MINUTES TO ADDRESS THE BOARD OF TRUSTEES.
Deputy Mayor Basher asked if anyone wanted to address the Board on agenda items. No one appeared.
APPROVING HOLIDAY METER PARKING REGULATIONS
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 hereby approves the holiday parking meter program by designating certain parking meters to be covered to allow free parking (with a two-hour limit) from Friday, December 7, 2012 through Friday, December 28, 2012 at the following locations: all downtown business district street meters, municipal lots on South Washington Street, McKeel Avenue, Windle Park (Village portion), Citibank lot (Village portion), and South Broadway.
AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH WESTCHESTER COUNTY REGARDING THE POLICE ACADEMY TRAINING PROGRAM
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 authorize and direct the Village Administrator to execute an agreement between the Village and Westchester County regarding the Police Academy Training Program to facilitate training and instruction for the Tarrytown Police Department.
AWARD A BID FOR TARRYTOWN LAKES TRAIL
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
WHEREAS, sealed bids were opened on November 9, 2012 for the Tarrytown Lakes Trail project; and
WHEREAS, nine (9) bids were received and the bids received are listed below:
- Westchester Hills Landscaping $168,000.00
Add/Alts A) $11,704.00 B) $14,000.00
- Luna Landscape Corp. $176,406.00
Add/Alts A) $15,760.00 B) $15,000.00
- Ocean Construction $190,634.00
Add/Alts A) $26,348.00 B) $26,500.00
- Abbott and Price, Inc. $244,982.00
Add/Alts A) $16,200.00 B) $30,000.00
- Fourman Construction Inc. $250,520.44
Add/Alts A) $27,104.00 B) $23,300.00
- Bradhurst Site Construction $291,552.00
Add/Alts A) $24,160.00 B) $29,800.00
- Landi Contracting Inc. $324,350.00
Add/Alts A) $26,000.00 B) $25,000.00
- MVM Construction LLC $370,795.80
Add/Alts A) $29,984.00 B) $34,000.00
- Paladino Concrete Creations $542,252.00
Add/Alts A) $36,200.00 B) $15,000.00
and
WHEREAS, the Village Engineer, Village Attorney, Village Administrator and the consultant on the project reviewed the proposals and during that review it was determined that the low bidder did not acknowledge receipt and inclusion of Addendums 1 and 3, which was required as part of the bidding process, wherein it states in the contract for the project that “The Bidder acknowledges that he has received and included the following Addenda to the Bid Documents”; and
WHEREAS, Addendum 3 are the technical specifications for the project; and
WHEREAS, it is the recommendation of staff that the failure to acknowledge receipt and inclusion of Addendums 1 and 3, but especially Addendum 3 serves as a foundation to declare the low bidder, Westchester Hills Landscaping, Inc. as unresponsive since the technical specifications are an integral part of the bid, bid specifications and control how the project is constructed and managed.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby declare the bid of Westchester Hills Landscaping, Inc. to be non-responsive to the bid documents and based thereon, the Board of Trustees will not consider the bid submitted by Westchester Hills Landscaping, Inc. for bid award
purposes.
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award of the bid for the Tarrytown Lakes Trail project to Luna Landscape
Corporation of West Harrison, New York, per their bid of $176,406.00.
BE IT FURTHER RESOLVED that the Board of Trustees hereby authorizes limited work associated with Add/Alternate A provided there are sufficient funds available after completion of the fully specified trails project absent the Add/Alternates.
BE IT FURTHER RESOLVED that the Board of Trustees does hereby authorize and direct the Village Administrator to execute an agreement with Luna Landscape Corporation associated with this bid award.
BID REJECTION – THREE WHEEL BROOM STREET SWEEPER
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved: Approved: 6-0
WHEREAS, on September 18, 2012, sealed bids were opened for the purchase of a Three Wheel Broom Street Sweeper; and
WHEREAS, only one bid was received in response to the notice of bid; and
WHEREAS, the Notice to Bidders states, “The Village reserves the right to accept or reject any or all bids and to award it in a manner deemed to be in the best interest of the Village of Tarrytown.”
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby reject the bid for the purchase of a Three Wheel Broom Street Sweeper.
BE IT FURTHER RESOLVED that the Board of Trustees does hereby direct staff to rebid for the purchase of a new street sweeper.
WEST ELIZABETH STREET PARKING LOT – CONVERSION TO PARKING METERS
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved: Approved: 6-0
WHEREAS, the Village of Tarrytown executed a lease agreement with the Junior league on August 16, 2011 to utilize a number of parking spaces behind their building at 35 South Broadway; and
WHEREAS, the Board of Trustees amended chapter 291 entitled “Vehicles and Traffic” of the Code of the Village of Tarrytown on April 18, 2012 to regulate the use of the said parking lot, now known as the West Elizabeth Street Parking Lot; and
WHEREAS, the regulation as approved on April 18, 2012 did not produce the intended parking result and the Board of Trustees is desirous of modifying the parking regulations to bring the parking lot into conformance with the regulations on the majority of parking lots in the area.
NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend Chapter 291 entitled “Vehicles and Traffic” of the code of the Village of Tarrytown as follows:
New material is shown in capital letters. Material to be deleted is shown in brackets [ ].
§291-41. Maximum parking time limit; fee; exceptions.
B. Off-street metered parking lots.
[8] WEST ELIZABETH STREET PARKING LOT – 35 SOUTH BROADWAY. THE MAXIMUM TIME LIMIT AT CERTAIN PARKING METER SPACES SO DESIGNED BY SIGNS AND/OR MARKINGS SHALL BE SIX HOURS.
§291-48.~ [Nonresident] Business permit.
Upon submitting to the Village Treasurer a properly completed signed application and upon payment of a fee as set by resolution of the Board of Trustees, the Village Treasurer shall consider said application as valid and complete for the issuance of a [nonresident] business permit, subject to applicable parking limitations.~ Such permit shall only be issued to the owner of a passenger or suburban vehicle who is not a resident of the Village of Tarrytown, but who is a merchant, store employee, office worker, business or professional person or other person gainfully employed within
the Village of Tarrytown.~ One permit may be issued for up to four vehicles per parking permit, but in no case may the permit be used on more than one vehicle at a time and shall not be considered a valid permit for the parking of more than one vehicle at a time.~ Such permit shall be valid for a period of not more than one year and shall expire, in any event, on May 31 of each year.~ [Nonresident] Business permits are valid in the following municipal parking lots, subject to specific restrictions where applicable.
McKeel Avenue Parking Lot
South Broadway Parking Lot
Windle Park Parking Lot (municipal portion)
West Elizabeth Street Parking Lot [valid between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday.]
§ 291-52. Areas reserved for parking permit holders.
- Resident parking permits.
Delete existing Subsection 52 and replace with the following language.
DEPOT PLAZA AUTO PARK, McKEEL AVENUE PARKING LOT, SOUTH DEPOT PLAZA PARKING LOT, SOUTH BROADWAY PARKING LOT, SOUTH WASHINGTON STREET PARKING LOT EAST AND SOUTH WASHINGTON STREET PARKING LOT WEST. DESIGNATED PERMIT ZONES WEST OF THE RAILROAD TRACKS, IN THE MUNICPAL PORTION OF THE WINDLE PARK PARKING LOT AND WEST ELIZABETH STREET PARKING LOT.
§ 291-91. Schedule XVI: Off-Street Metered Parking Lots.
The areas described below shall constitute off-street metered parking lots. A full description of such lots is available in the office of the Village Clerk, where it may be examined during regular office hours.
Name of Lot
WEST ELIZABETH STREET PARKING LOT – 35 SOUTH BROADWAY
WASHINGTON STREET PARKING LOT WEST – MODIFICATION OF PARKING REGULATIONS
Trustee Zollo moved, seconded by Trustee Hoyt, that the following resolution 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 amend Chapter 291 entitled “Vehicles and Traffic” of the code of the Village of Tarrytown as follows:
New material is shown in capital letters. Material to be deleted is shown in brackets [ ].
291-52. Areas reserved for parking permit holders.
- Resident parking permits. Depot Plaza Auto Park, McKeel Avenue Parking Lot, South Depot Plaza Parking Lot, South Broadway Parking Lot [and], South Washington Street Parking Lot East AND SOUTH WASHINGTON STREET PARKING LOT WEST. Designated permit zones west of the railroad tracks, in the municipal portion of the Windle Park Parking Lot and West Elizabeth Street Parking Lot. [Resident parking permits are valid in the South Washington Street Parking Lot West between the hours of 9:00 p.m. and 12:00 noon, Monday through Saturday.]
SCHEDULE A PUBLIC HEARING – WAIVER OF BUILDING DEPARTMENT FEES
Trustee Hoyt 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 schedule a Public Hearing for the regular meeting of December 17, 2012 to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, by adding a new Chapter to waive Building Permit fees for repairs to structures from Hurricane Sandy.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON NOVEMBER 19, 2012
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 approve the minutes of the regular meeting of the Board of Trustees held on November 19, 2012 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers included in Abstract No. 10 and hereby orders the Audited Vouchers to be paid in the following amounts:
General $ 2,124,654.91
Water 95,694.11
Sewer Fund 0.00
Capital 154,860.46
Library 9,140.78
Trust & Agency 1,846.80
Total $ 2,386,197.06
The Board was polled all voting “aye” with the exception of Trustee McGee who recused herself from Voucher Number 2012238684 and Trustee Hoyt who recused himself from Voucher Numbers 2012238689 and 2012238765. Motion carried. 6-0
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
Deputy Mayor Basher questioned whether anyone wished to address the Board on any matter. No one appeared.
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the meeting be adjourned at 8:20 p.m.
Carol A. Booth
Village Clerk
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