Board of Trustees
Village of Tarrytown
Regular Meeting No. 25
February 18, 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
Trustee Basher stated that on January 18, 2014, there was an attempted burglary at Chase Bank in Tarrytown. Three of our police officers were injured; Sergeant Cossifos
Police Officers Kovacs and Budnar. They were out of work for a few days, but they are all back to work and doing fine. Trustee Basher thanked the police officers for their courage and outstanding service. Our police officers put their lives on the line every day. Thanks for a job well done and thanks to all the members of the police department.
Trustee Hoyt noted that the Tarrytown Recreation Department will be offering a babysitting certification class in the month of March at the Tarrytown Senior Center. If you are interested, please contact the Recreation Department at 631-8347.
CLOSING OF GRIEVANCE DAY
Trustee Basher moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, Grievance Day in the Village of Tarrytown commenced at 4:00 p.m. on Tuesday, February 18, 2014; and
WHEREAS, the purpose of Grievance Day is to hear tax grievance proceedings; and
WHEREAS, Grievance Day was conducted in accordance with the requirements of New York State Law.
NOW THEREFORE, BE IT RESOLVED that Grievance Day is hereby closed.
BE IT FURTHER RESOLVED that all grievances are hereby referred to the Village Assessor for a written report on the grievances filed on Grievance Day to be received on or before April 1, 2014. The Village Assessor is hereby authorized and directed to arrange for hearings with taxpayers who have requested hearings.
VILLAGE ADMINISTRATOR’S REPORT
Snow Removal – Anyone watching the news lately has heard about the salt shortage that municipalities throughout the area are experiencing, the municipalities have exceeded their snow budgets as well as weather reports of snow storm after snow storm. In addition, the news reports have noted that the weather has created significant potholes. The Village of Tarrytown is suffering from all of the same issues as has been reported on the news.
Every year, municipalities throughout New York State that purchase salt from the State contract have to guarantee a minimum purchase. The Village purchases from the State contract in order to obtain the best possible price for the purchase of the salt. The State bids for the state and all municipalities that are interested in purchasing from the State contract, thus guaranteeing a good price because of the quantities to be purchased. The Village’s minimum order was 1,700 tons at a cost of $51 per ton, or $86,700. Weeks ago the Village ordered an additional 700 tons of salt; however, only 80 tons have been delivered. The Superintendent of Public Works calls the salt vendor daily, but the response received is that there is too much need and not enough salt as well as delivery issues to
reach all of the municipalities in need. Currently, the Village has in our salt shed 100 tons. It is not uncommon to use between 200 and 250 tons of salt during a snowstorm. Thus, the Superintendent has had to determine how to make our limited salt extend until our next delivery arrives. During the last heavy storm, salt was spread at the beginning of the storm and after the snow had stopped and the roads were plowed, to most effectively use the salt that the Village had available. The Village continues to attempt to get down to asphalt on all streets after a snowstorm, however, due to the lack of salt, that may not be possible at all times.
The Village’s snow removal budget totals $225,000 and we have expended approximately 90% of the budget at this time. Unless we are lucky enough that there are no more snow or ice storms, the Village will exceed the snow removal budget for this fiscal year.
The 2013-2014 snow season has obviously been a difficult one for everyone living in this area. According to the news this morning, New York City has received 40 inches more snow than the average winter season, with the average being approximately 25.1 inches of snow. Snowstorm following snowstorm creates problems with the snow removal and the location where the Village hauls the snow is now full. The Village has now been granted permission to haul snow to the General Motors site. The Village’s DPW staff have been working hours of overtime to plow and has been working overtime lately to haul the snow away from various streets throughout the Village.
The pothole problem will get worse before it gets better. The Village DPW staff uses a product that is called cold mix to fill potholes during the snow season. However, cold mix is a temporary fix and as it continues to snow and the snow melts and refreezes, it lifts the cold mix from the potholes. The more permanent repair is to use the hot mix asphalt; however, the hot mix will not be available until the asphalt plants reopen in the spring. Thus, our DPW will continue use the cold mix when the staff is available to perform this repair function. However, the priority at the present time is the removal of the existing snow mounds throughout the Village and plowing back to the curb line.
In addition, the Village would request that snow not be plowed from driveways and parking lots into the street and piled in the street. This eliminates vital on-street parking for your neighbors and creates a major additional problem for the Village as part of our ongoing snow removal activities.
The Village appreciates that this has been a very long, very difficult winter. We greatly appreciate patience and cooperation of all Tarrytowners during our snow removal efforts.
CONTINUATION OF A PUBLIC HEARING – HISTORIC COMMONS DISTRICT
(Continued to March 3, 2014)
Trustee Basher moved, seconded by Trustee McGee 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 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 March 3, 2014.
CONTINUATION OF A PUBLIC HEARING – ZONING MAP (Continued to March 3, 2014)
Trustee McGee moved, seconded by Trustee Zollo 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 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 March 3, 2014.
CONTINUATION OF A PUBLIC HEARING – COMPREHENSIVE PLAN (Continued to March 3, 2014)
Trustee McGovern 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 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 does hereby continue the public hearing to the next regular Board meeting on March 3, 2014.
PUBLIC HEARING – “OFF STREET PARKING AND LOADING” (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown held a public hearing on the 18th day of February, 2014, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear and consider and to act upon a proposed amendment to Chapter 305 entitled "Zoning". 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, Chapter 305 entitled “Zoning”, by amending Section 305-63, “Off-Street Parking and Loading”, Subsection C.7(d) relating to the Parking Fund.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees, by Local Law 3 of 2013, amended Chapter 305 of the Vilalge Code, entitled “Zoning” and created a parking fund in the Restricted Retail zoning district. The amendment is designed to provide greater flexibility for the Boards and staff that have to address the parking and commercial needs in the downtown commercial area to keep the area vibrant. A request has been submitted to the Board of Trustees to consider amending the amount to be paid into the parking fund on a per parking space basis. The Board of Trustees has considered the request and believes that it is in the best interest of the current and future businesses in the Restricted Retail zoning district that the per parking space amounts to be paid into the parking fund be amended.
B. Legislative Intent.
The intent of this amendment to amend the per parking space amount to be paid into the parking fund.
SECTION 2. Amendment to §305-63.C.7(d) “Off-Street Parking and Loading”.
§~305-63. Off-street parking and loading.
(d) Upon the establishment of a parking fund for the Restricted Retail Zone by the Village Board of Trustees, should the Planning Board or the Zoning Board of Appeals, depending upon which of these two Village agencies is responsible for the review and approval of the particular parking requirement, determine that such parking requirement cannot be fulfilled because applicant does not have land on site available for parking or has land on site that cannot be accessed from public rights-of-way, said Board may require that a monetary contribution in-lieu of the provision of parking spaces, up to a maximum of fifteen (15) parking spaces. The amount to be placed in the parking fund shall be as follows:
From 1 to 5 parking spaces, $1,000 [2,500] per parking space.
From 6 to 10 parking spaces, $2,000 [5,000] per parking space.
From 11 to 15 parking spaces, $3,000 [10,000] per parking space.
SECTION 3. EFFECTIVE DATE
This local law shall take effect immediately, as provided by law.
BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF TARRYTOWN
Trustee Hoyt moved, seconded by Trustee McGee 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 McGee, and unanimously carried, that the hearing be closed.
Trustee McGee 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 amend the Code of the Village of Tarrytown, Chapter 305-63 entitled “Off Street Parking and Loading” to amend the per parking space amount to be paid into the parking fund.
WHEREAS, a public hearing was held for the proposed action on February 18, 2014; and
WHEREAS, a notice of public hearing was published in the Journal News on February 5, 2014; 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. 2 of 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 CHANGES
Trustee Basher moved, seconded by Trustee Zollo, that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustee Hoyt who recused himself. Approved: 6-0-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the following Fire Department membership changes recommended at the January 28, 2014 Board of Fire Wardens meeting: Membership: Dave Cova has transferred from Conqueror Hook & Ladder to Riverside Hose, Nikolai Kabelev has been approved for out-of-town active membership to Washington Engine, James Frommert has been approved for active membership to Conqueror Hook & Ladder and Justin Hoyt has been approved for active membership to Consolidated Engine. Gregory Shepard has resigned from active membership from Washington Engine. Driver: Bryan Dugan has been dropped as a company driver from Washington Engine.
SECOND AMENDMENT TO PARKING LOT LICENSE AGREEMENT WITH CITIBANK, N.A.
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 of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute the Second Amendment to the Parking Lot License Agreement with Citibank, NA for the use of twenty-one (21) parking spaces in Licensor’s parking lot which is adjacent to the Citibank building at 2 South Broadway, Tarrytown, New York.
PROPOSAL MOTHBALLING AND STABILIZATION EASTVIEW PUMP STATION
Trustee Basher moved, seconded by Trustee Butler, 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 authorize and direct the Village Administrator to execute an agreement for professional services with Earl Everett Ferguson Architect, Irvington, New York, for the development of a condition assessment, documentation of mothballing and stabilization measures, the development of plans and specifications and construction administration for the Eastview Pumping Station.
AWARD OF A BID – MULTI-SPACE PARKING METERS
Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, the Village of Tarrytown requested bids for the purchase of five (5) multi-space parking meter machines to be installed in the parking lots adjacent to the Metro North Train Station; and
WHEREAS, a sixth multi-space parking meter machine will be purchased to be installed in the South Depot parking lot and half of that cost will be paid by Metro North Railroad; and
WHEREAS, the bid and specifications were sent to seven vendors; and
WHEREAS, bids were opened on January 14, 2014 and one bid was received from Integrated Technical Systems, Inc., Wallingford, Connecticut; and
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid for the purchase of six (6) multi-space meters to the sole bidder, Integrated Technical Systems, Inc., Wallingford, Connecticut.
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute an agreement with Integrated Technical Systems, Inc. of Wallingford, Connecticut, per their bid of per multi-space meter of $11,604.00 for a total cost of $69,624.00, with a contribution from Metro North Railroad of $5,802.00.
AWARD FOR REPAIR OF PUMPS – SHAFT 10
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, during recent water distribution pump maintenance work at Shaft-10 pump station, it was discovered that the pump shaft of the existing 2,000,000 gallon per day Johnson pump needs to be replaced and that the 2,000,000 gallon per day Gould pump is leaking and requires repair; and
WHEREAS, the Village’s water consulting engineer, Professional Consulting, LLC (PCI) solicited proposals from three vendors for the repair of the 2,000,000 gallon per day pumps; and
WHEREAS, two proposals were received and the proposals amounts are:
Company First Pump Second Pump Total
Universal Electric Motor Service, Inc. $11,850.00 $9,650.00 $21,500.00
All Makes Pump and Motor Repair, Inc. $18,980.00 N/A $18,980.00
and
WHEREAS, it is the recommendation of PCI, for the repair work for both 2,000,000 gallon per day pumps at Shaft-10 Pump Station be awarded to the lowest proposer, Universal Electric Motor Service, Inc. in the total amount of $21,500.00.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the repair work for both 2,000,000 gallon per day pumps at Shaft-10 Pump Station to the lowest proposer, Universal Electric Motor Service, Inc. of Hackensack, New Jersey per their proposal in the amount of $21,500.00.
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute an agreement
with Universal Electric Motor Service, Inc. of Hackensack, New Jersey, per their proposal.
AWARD FOR REPAIRS TO PHENIX HOSE FIREHOUSE KITCHEN
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, the Board of Trustees approved $30,000 in the Capital Budget for the current fiscal year for repairs/renovations to the kitchen in the Phenix Hose Firehouse; and
WHEREAS, proposals have been received and are broken down into two components: 1. Labor and materials to install the new cabinets and countertops; and 2. Painting. The proposals received are as follows:
Cabinets and Countertops Total Amount
- James Sledge Architectural Woodwork $25,770.00
- John DiPietro Contracting $28,665.00
- Solari Enterprises, Inc. $34,250.00
Painting Total Amount
- McGuire Painting $3,400.00
- Westchester Home Improvement Spec. $4,450.00
- G & R Bucci, Inc. $4,750.00
NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the project for the replacement of cabinets and countertops to the lowest proposer, James Sledge Architectural Woodwork per their proposal in the amount of $25,770.00.
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the painting work to the lowest proposer, McGuire Painting per their proposal in the amount of $3,400.00.
NOW THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute agreements with James Sledge Architectural Woodwork and McGuire Painting.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON FEBRUARY 3, 2014
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 minutes of the regular meeting of the Board of Trustees held on February 3, 2014 as submitted by the Clerk.
APPROVAL OF AUDITED VOUCHERS
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 Abstract No. 15 of Audited Vouchers to be paid in the following amounts:
General $ 218,279.60
Water 153,935.82
Sewer Fund 0.00
Capital 0.00
Library 2,505.36
Trust & Agency 4,391.88
Total $ 379,112.66
The Board was polled all voting “aye” with the exception of Trustee McGee who recused herself from Voucher Numbers 2012244283, 2012244284, 2012244285, 2012244286, 2012244287, and 2012244198. 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.
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried, that the meeting be adjourned at 8:23 p.m.
Carol A. Booth
Village Clerk
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