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Village Board of Trustees Minutes 12/17/2012
                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Regular Meeting No. 23
                                                        December 17, 2012
                                                        8:00 p.m.

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

The meeting began with the Pledge to the Flag.

MOMENT OF SILENCE FOR THE CHILDREN AND ADULTS WHO LOST THEIR LIVES IN NEWTOWN, CONNECTICUT

Mayor Fixell requested a moment of silence in honor and memory of the children and adults who lost their lives last Friday in Newtown, Connecticut.  There is a list of support organizations on the Village website and scroll which will provide help to the residents of Newtown and their families.

REPORTS

There were no reports.

PUBLIC HEARING – WAIVER OF BUILDING DEPARTMENT FEES (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 17th 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 proposed amendment to the Code of the Village of Tarrytown, by adding a new
Chapter to waive Building Department fees for repairs to structures from Hurricane Sandy. A summary of the legislation is available at Village Hall.  The complete text of this legislation follows:

A LOCAL LAW to amend the Code of the Village of Tarrytown to create a new Chapter to waive Building Department fees for repairs to structures that were damaged due to Hurricane Sandy.
SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.  Findings of Fact.

On October 29, 2012, Hurricane Sandy hit the region causing damage to structures.  Structures in the Village of Tarrytown were damaged due to the hurricane and those structures require repair which must be processed through the Village’s Building Department.  There is currently no mechanism available to the Board of Trustees to waive the fees normally charged for repair work by the Building Department for the repair work associated with Hurricane Sandy.  The Board is desirous of creating such a mechanism to waive Building Department fees.

B.  Legislative Intent.

The Board of Trustees believes that it is important to waive the Building Department fees associated with damage caused by Hurricane Sandy to help to alleviate ongoing costs incurred by property owners due to the hurricane.
Material to be deleted appears in parenthesis [ ], material to be added is in bold Typeface.

SECTION 2.  WAIVER OF BUILDING DEPARTMENT FEES

  • The Board of Trustees does hereby waive all fees charged by the Building Department and payable to the Village of Tarrytown associated with repair work to structures in the Village that were damaged by Hurricane Sandy.  Any fees charged and payable to entities other than the Village of Tarrytown relating to said repair work shall not be waived.
  • The applicant, submitting an application to the Building Department for damage related repair work, shall provide proof sufficient to the Building Inspector that the damage for which an application is being submitted was caused by the declared disaster.
SECTION 3.  RETROACTIVE WAIVER OF FEES
Due to the timing required to adopt a Local Law associated with the waiver of Building Department fees, the waiver of the Building Department fees shall be retroactive for damage repairs caused by Hurricane Sandy.

SECTION 4.  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 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 McGee moved, seconded by Trustee Zollo, and unanimously carried, that the hearing be closed.

Trustee Hoyt 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 by adding a new Chapter to waive Building Permit fees for repairs to structures from Hurricane Sandy.

WHEREAS, a public hearing was held for the proposed action on December 17, 2012; and

WHEREAS, a notice of public hearing was published in the Journal News on December 7, 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. 11 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

Mayor Fixell asked if anyone wanted to address the Board on agenda items. No one appeared.

RESOLUTION – FIRE DEPARTMENT MEMBERSHIP CHANGES

Trustee McGovern 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 following Fire Department membership changes recommended at the November 20, 2012 Board of Fire Wardens meeting:   Membership:  Jodie Williams and Emmanuel Alcantara were approved for active membership in Riverside Hose Company and Ariel Hilario has been approved for a membership transfer from Conqueror Hook and Ladder Company to Riverside Hose Company.  

AWARD A BID FOR LIGHTING, LIGHTING CONTROLS AND SERVICES PROJECT

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

WHEREAS, sealed bids were opened on November 13, 2012 for the Tarrytown Lighting, Lighting Controls and Services project; and

WHEREAS, three (3) bids were received and the bids received are listed below:

Contractor                                      Bid Amount
I & T Electrical Lighting                       $99,800.00

Morabito Electric                               $100,000.00

Candela Systems Corp.                   $143,237.01

WHEREAS, the Village Engineer, Village Administrator and Village Attorney reviewed the proposals and during that review it was determined that the low bidder did not complete the bid form which provides for a per unit cost for each fixture to be installed as part of the bid; and

WHEREAS, the bid proposal form, Item 1 states, “I/We do hereby declare that I/We have carefully examined the instructions to Bidders, the Plans, Profiles and other drawings and the Specifications relating to the above entitled matter and the work; and have also examined the site.”; and

WHEREAS, the bid proposal form, Item 11 states, “I/We will accept, in full payment for the completed work, the following unit prices as my/our base bid.”; and

WHEREAS, the actual bid form which includes eight (8) pages of items to be installed as part of this bid states in the Notice to Bidders at the top right hand corner of the first bid page, “1.  Cost are to be fully loaded and include all labor, material, G & A (guarantees and assurances) and warrantee coverage”; and

WHEREAS, Section C Bid Proposal states:  “The TOTAL BID shall be the sum of the extensions (unit price multiplied by estimated quantity, for each item).  It is stated here only as a convenience of comparison of bids.  It there are any errors in addition or multiplication, the unit price for each item shall govern, and the bid comparison will be made on the basis of correct arithmetic applied to these unit prices.  In case of a discrepancy between the unit price in words and the unit prices in numbers, the unit price in words shall govern.”; and

WHEREAS, Paragraph 2 of Section B – Instructions to Bidders – states that “all blank spaces for bid prices must be filled in….” and that any omission(s) is cause to reject a bid.  The bid submitted by I & T Lighting, LLC did not fill in the unit prices in the “Section C Schedules.”; and

WHEREAS, it was clear from the bid documents that unit prices were an absolute requirement for the submission of the bid; and

WHEREAS, the other two bidders completed the bid forms; and

WHEREAS, it is the recommendation of staff that the failure of the low bidder to complete the bid forms, especially in relation to the provision of unit prices, serves as a foundation to declare the low bidder, since absent unit prices, the Village would have no basis for adding or deleting any equipment and/or material to be installed as part of this project and the Village staff cannot confirm that the total bid amount accurately reflects the costs for the equipment and/or material to be installed.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby declare the bid of I & T Electrical Lighting, Inc. to be non-responsive to the bid documents and based thereon, the Board of Trustees rejects the bid submitted by I & T Electrical Lighting, Inc. for bid award purposes.

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the Lighting, Lighting Controls and Services project to Morabito Electric Inc. of Sleepy Hollow, New York, per their bid of $100,000.00.

BE IT FURTHER RESOLVED that the Board of Trustees does hereby authorize and direct the Village Administrator to execute an agreement with Morabito Electric Inc. associated with this bid award.

TAX CERTIORARI – MANOR HOUSE PROPERTIES LLC

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 approve the tax certiorari settlement with Manor House Properties LLC, which was part of the Christiania property, as outlined in the Village Attorney’s memorandum dated November 26, 2012; and

BE IT FURTHER RESOLVED that financing for this tax certiorari settlement may be provided pursuant to a future financing authorization.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON DECEMBER 3, 2012

Trustee Zollo 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: 6-0-1
                           
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 December 3, 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: 7-0   

BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers included in Abstract No. 11 and hereby orders the Audited Vouchers to be paid in the following amounts:

                        General         $    226,382.87
                              Water                  75,244.56
                        Sewer Fund                               0.00
                        Capital                       615,132.66
                        Library                           3,557.99
                        Trust & Agency                    7,997.80
                        Total                       $     928,315.88

The Board was polled all voting “aye” with the exception of Trustee Hoyt who recused himself from Voucher Numbers 2012238870 and 2012238985.   Motion carried.   7-0

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

Mayor Fixell asked whether anyone wished to address the Board on any matter.  No one appeared.  

The Mayor and the Board of Trustees wished everyone a Merry Christmas, Happy
Chanukah and a very Happy New Year!

ADJOURNMENT TO EXECUTIVE SESSION

Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried to adjourn
to Executive Session at 8:08 p.m. to discuss a personnel matter.

Meeting adjourned at 8:30 p.m.



Carol A. Booth
Village Clerk