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Village Board of Trustees Minutes 01/06/2014
                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Regular Meeting No. 22
                                                        January 6, 2014
                                                        8:00 p.m.

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

The meeting began with the Pledge to the Flag.

REPORTS

Mayor Fixell welcomed everyone to the first meeting of the new year and wished everyone a happy new year.

Trustee McGovern noted that the senior citizens who plan to attend the senior’s meeting tomorrow should first check to see if the meeting is going to be held due to the extreme cold weather.

VILLAGE ADMINISTRATOR’S REPORT

Free Flu Shots Available to Residents – The Westchester County Department of Health will offer free flu shots to County residents on Tuesday, January 14, 2014, at a walk-in clinic from 1 p.m. to 4 p.m. at the Nepperhan Community Center, 342 Warburton Avenue in Yonkers.

CONTINUATION OF A PUBLIC HEARING – HISTORIC COMMONS DISTRICT (continued to January 21, 2014)
Trustee Zollo moved, seconded by Trustee McGovern and unanimously carried, that the hearing be opened.

Andrew Tung from Divney, Tung & Schwalbe, Planning and Engineering Consultants from White Plains, representing Montefiore, the owner of the former Kraft Foods property, made the following comments on the proposed amendments to the HC District:

  • Addition of definition for “Senior Independent Housing”
  • Comment- Portions of the proposed definition seem unnecessarily specific and limiting, given that “senior housing” is an HC use requiring a Compatible Use Permit, over which the Village Board has jurisdiction.  During the December 2, 2013 public hearing, the Village’s Planning Consultant, Melissa Kaplan-Macey of BFJ Planning, noted that she and the Planning Board had referred back to a draft of a 2001 local law (1/06/01) related to the original HC zoning in preparing the Planning Board’s recommendations.  That same draft local law included a somewhat broader definition of “Senior Housing”:
“Senior Housing – A facility designed to provide housing for senior citizens that may include apartments with kitchens or bedrooms with congregate eating/socializing facilities, office space, laundry, and ancillary medical services for residents only.  Permitted Senior Housing facilities include those that meet New York State Office for the Aging, New York State Department of Health, or New York State Department of Social Service definitions for “Retirement Residence,” “Assisted Living Program,” “Enriched Housing Program,” “Residential Health Care Facility,” or “Continuing Care Retirement Community.
Given the expanding range of senior living opportunities being recognized by New York State to serve the needs of its rapidly aging population, it seems reasonable and rational that, if a definition of “senior living” is to be added, it should be broad enough to permit the Board of Trustees to consider any proposal for such a facility, which would also be subject to the regulations of the appropriate State agencies, on its own particular merits.

  • Suggestion
  • Change the proposed language as follows:
“SENIOR INDEPENDENT HOUSING - An age restricted housing development, which may include detached, attached and/or apartment dwelling units and may provide limited personal services which may include one meal per day and transportation meets applicable requirements of the New York State Office for the Aging, New York State Department of Health, or New York State Department of Social Services.  Such housing shall not include institutional housing as defined in §305-127 of this code.” OR
  • Adopt or amend the definition of “Senior Housing” from the 1/06/01 draft above.
  • Addition of “Purpose and Intent” Section
  • Comment – While many of the parcels within the HC district contain historic structures or restricted-use open space, the 34.3 acre Montefiore parcel does not, and future development would be permitted on that currently undeveloped parcel per existing and proposed HC regulations.  Certain statements within the proposed Purpose and Intent section should be amended to make this section equally applicable to all parcels within the HC District.
  • Suggestion – change the proposed language as follows:
§305-38. A. Purpose and Intent
The purpose and intent of the Historic Commons District is to preserve the visual integrity of historic resources within the district and their surrounding landscapes. and maintain the existing pattern of development between South Broadway and the Hudson River.  The lands Certain building and sites included within the Historic Commons District represent a unique historic and cultural assets to the Village of Tarrytown and must be protected and maintained for future generations.  The unique character of this area is of educational and economic value to the Village, serving an important function in the preservation of the region’s history and as a destination for cultural tourism.  It is the intent of the district to ensure that any new development or reuse of existing structures within the district is architecturally compatible with the historic character of the district and the visual quality of existing buildings and landscapes.

  • Qualification of “Senior Housing” as “Senior Independent Housing”
  • Comment – see Item 1.a above.
  • Suggestion – see Item 1.b above.
  • Reduction in Maximum Building Coverage
  • Comment - During the December 2, 2013 public hearing, the Village’s Planning Consultant noted that the Planning Board recommending reducing the maximum permitted principal building coverage in the HC district from 15% to 10% so as to encourage compactness in development.  While compactness is a laudable goal, unless permitted building height is concurrently increased, a 33% reduction in permitted building coverage results in a perhaps unintended 33% reduction in permitted program area.  As a number of the zoning districts in Tarrytown with minimum lot sizes¹ comparable to the HC District allow principal building coverage three times (30%) that which is proposed in this amendment (10%), we suggest that it is reasonable and rational not to reduce the current 15% maximum building coverage in the HC District.
  • Suggestion – maintain the current Maximum Principal Building Coverage at 15%.
Principal building coverage
  • Maximum {15%} 10%
  • Change in Permitted Multifamily Residential Density
  • Comment – During the December 2, 2013 public hearing, the Village’s Planning Consultant noted that the multifamility residential density maximum of “10 units per lot” proposed in the amended zoning text did not constitute a change from the existing HC maximum of “10 units pre building.”  We submit that a density restriction “per lot” is in fact quite different that one “per building,” and as stated, would unduly limit the number of multifamily units on any larger-than-minimum sized lot to 10.
  • Suggestion – change the proposed language as follows:
H.  Viewshed Protection
1. Any application for new development within the Historic Commons District must include a visual assessment including the following:
  • Identify whether or not the project will be visible from areas generally accessible to the public within the following resources and if so, what the distance between the proposed project and those areas of the resource(s) will be:
  • Parcel of land, including designated parkland, that is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities.
  • A site or structure listed on the National, State or Local Registers of Historic Places.
  • A site or structure within a National, State or Local Historic District.
  • Dedicated Parkland
  • Potential for Mixed Use
  • Comment – One of the issues listed as requiring clarification Local Law 5-2013 enacting the HC district moratorium – whether a developer can create a mixed use on the site – has not been addressed in the current amendments.  We submit that this is an issue that need not be definitively resolved at this time, as the Village Board has and will have jurisdiction over Compatible Use permits in the HC District, but that the potential for mixed use should be stated.
  • Suggestion – provide the authority in the amended law for the Village Board to consider mixed uses as part of a Compatible Use permit application.


_____________________________________
¹LB Business Structure west of Route 9 – 217,800 sf lot minimum, 30.0 percent Principal Building Coverage; LB Technical Training Centers – 217,800 sf lot minimum, 30.0 percent Principal Building Coverage; LB Restaurants – 217,800 sf lot minimum, 30.0 percent Principal Building Coverage.



Trustee Zollo moved, seconded by Trustee Hoyt, 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 continue the public hearing to the next regular Board meeting on January 21, 2014.

CONTINUATION OF A PUBLIC HEARING – ZONING MAP (continued to January 21, 2014)

Trustee Zollo moved, seconded by Trustee McGovern and unanimously carried, that the hearing be opened.

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 continue the public hearing to the next regular Board meeting on January 21, 2014.

CONTINUATION OF A PUBLIC HEARING – COMPREHENSIVE PLAN (continued to January 21, 2014)

Trustee Zollo moved, seconded by Trustee McGovern and unanimously carried, that the hearing be opened.

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 does hereby continue the public hearing to the next regular Board meeting on January 21, 2014.

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.

FIRE DEPARTMENT MEMBERSHIP CHANGE

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 approve the following Fire Department membership change recommended at the December 17, 2013 Board of Fire Wardens meeting:   Membership: Joseph Vercesi has been approved for active membership at Hope Hose Fire Company.

DECLARING THE DATE, POLLING HOURS, DESIGNATED POLLING PLACES WITH RESPECT TO THE VILLAGE ELECTION TO BE HELD ON MARCH 18, 2014

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

BE IT RESOLVED, that the Village Election shall be held on Tuesday, March 18, 2014, between the hours of 7 a.m. and 9 p.m.

The following Polling Places have been designated:

Districts No. 1 & 6 & 74     - Village Hall, One Depot Plaza
Districts No. 2 & 3              - Main Street Fire House, 50 Main Street
Districts No. 4 & 5              - First Baptist Church, 56 South Broadway
Districts No. 7 & 55 & 76   - Washington Engine Firehouse, 157 White Plains Road
        
BID AWARD FOR CLEANING SERVICES

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

WHEREAS, bids were opened on December 18, 2013 for the cleaning of various Village buildings including the Village Hall, the Police Department, the old Police Department headquarters, the Senior Center, the Recreation Department building and the Warner Library; and

WHEREAS, the bid specification allows for the Village to renew the contract with the cleaning contractor for a second year subject to a set percentage increase included in the bid cost of the individual bidder, provided however that the bidder was not required to increase their cost for the second year; and

WHEREAS, the bid specification provided for the cleaning of windows in the Village Hall and Police Department subject to a set bid cost, but the bidder was not required to include a bid cost for the windows should that bidder not have the ability to clean windows from the outside of the building; and

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

  • Oriental Pacific Maintenance            Year 1-  $31,200.00
                                                Year 2 - $31,200.00
  • YES Enterprises                         Year 1-  $36,000.00
                                                Year 2 - $36,000.00
  • Fullerton Service Industries, Inc.              Year 1-  $37,000.00
                                                Year 2 - $37,370.00
  • A & A Maintenance                       Year 1-  $38,772.27
                                                Year 2 - $39,935.44
  • Apple Maintenance Services              Year 1-  $46,500.00
                                                Year 2 - $47,430.00
  • Advanced Building Maintenance           Year 1-  $49,985.00
                                                Year 2 - $49,985.00
  • Maria Chuchuca                          Year 1-  $60,500.00
                                                Year 2 - $62,315.00

WHEREAS, Oriental Pacific Maintenance is currently the contractor providing cleaning services to the Village for the cleaning of various Village buildings; and

WHEREAS, the current contractor has failed to perform pursuant to the requirements of the bid specification, including but not limited to the failure to shampoo carpeting, the failure to wax tile floors, the failure to turn off lights and close and lock office doors, the failure to clean the buildings on specific dates, the failure to comply with the bid specifications as to when each building was available for cleaning purposes and the failure to perform well when cleaning Village buildings; and

WHEREAS, the Village had to continually remind the current contractor of its obligations pursuant to the bid specifications and on numerous occasions, even though reminded, the work required of the contractor pursuant to the bid specifications was not performed by the contractor; and
WHEREAS, the Village notified Oriental Pacific Maintenance of their failure to comply with the specifications of the bid and the work performance; however, the work performed by contractor either did not improve or improved for a limited period of time; and

WHEREAS, it is the recommendation of the Department Heads that have worked with the current cleaning contractor that the work is not acceptable and that the bid not be awarded to the low bidder due to their failure to perform pursuant to the bid specifications; and

WHEREAS, the Village has contacted the references of the second low bidder and the references noted that they were pleased with the work performed by the bidder.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does not award the bid to the lowest bidder, Oriental Pacific Maintenance for the reasons set forth in the Whereas clauses hereinabove.  

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the cleaning of various Village buildings to YES Enterprises, Croton, New York per their bid of $36,000.00.

BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized to extend the cleaning contract for a second year at the end of the first year of the contract, per the bid price of $36,000.00 should the contractor perform well pursuant to the requirements of the bid specification.

BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with YES Enterprises.

BID AWARD FOR LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT (LGRMIF)

Trustee Hoyt inquired about where the building files will be retained after being scanned.  Administrator Blau stated that the scanned files will be retained at Village Hall.

Trustee Butler inquired about the safety and security of the records while in transit and in General Code’s possession.   Administrator Blau stated that he would follow up on the question.

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

WHEREAS, the Village of Tarrytown has been awarded a 2013-2014 Local Government Records Management Improvement Fund (LGRMIF) grant in the amount of $67,996.00 by the New York State Education Department to scan all building department files; and

WHEREAS, pursuant to the grant, the Village obtained bids for the work associated with the grant which provides for the scanning of Building Department files; and

WHEREAS, five (5) bids have been received as follows:

Biel’s Document Management,     $62,200.00
West Seneca, NY
Digiscribe, Elmsford, NY                $62,000.00
General Code, Rochester, NY             $61,146.00
Imaging & Microfilm Access,             $64,000.00
Bohemia, NY                             
Smooth Solutions, Lodi, NJ              $69,372.00

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the scanning project of the Building Department files to the lowest responsible bidder, General Code, Rochester, New York per their bid of $61,146.00.

BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with General Code for the Scanning Project of the Building Department files.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON DECEMBER 16, 2013               

Trustee Basher moved, seconded by Trustee McGovern, that the following resolution be approved.  Motion carried, all voting “aye” with the exception of Trustee Butler 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 16, 2013 as submitted by the Clerk.

APPROVAL OF AUDITED VOUCHERS

Trustee Basher 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. 12, as revised, and hereby orders the Audited Vouchers to be paid in the following amounts:

        General         $   371,078.27
        Water                                  16,716.23
        Sewer Fund                              0.00
        Capital                        77,771.74
        Library                        37,273.26
        Trust & Agency                   8,294.86
        Total                       $   511,134.36

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.

ADJOURNMENT

Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried, that 06/2014the meeting be adjourned at 8:22 p.m.


Carol A. Booth
Village Clerk