Village of Tarrytown, NY
One Depot Plaza, Tarrytown, NY 10591-3199
ph: (914) 631-1885
Village Board of Trustees Minutes 05/19/2008
Board of Trustees
Village of Tarrytown
Regular Meeting No. 6
May 19, 2008 8:00 p.m.

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

The meeting began with the Pledge to the Flag.

CERTIFICATES OF MERIT – NATIONAL YOUNG LEADERSHIP STATE CONFERENCE REPRESENTING SLEEPY HOLLOW MIDDLE SCHOOL

Mayor Fixell was pleased to award a Certificate of Merit to Sleepy Hollow Middle School students who were selected to attend the 2008 National Young Leadership State Conference.  This award was recommended to the Board by our Education Committee.

NOW, THEREFORE BE IT RESOLVED that I, Drew Fixell, Mayor of Tarrytown, New York, congratulate and commend Gillian Berger, Catherine Lillis, Kyle McGovern and Tyler O’Donnell for their achievement in being selected to the 2008 National Young Leadership State Conference representing Sleepy Hollow Middle School and declare each one a Student of Excellence.

REPORTS

Mayor Fixell reported on the following:
-       The Tarrytown Environmental Advisory Council has informed the Board that on April 19, 2008, at the Tarrytown Clean-up Day, a group from the Boys and Girls Club of Tarrytown participated, worked very hard and was very helpful.  On behalf of the Board of Trustees, the Mayor thanked and commended the following volunteers:  Victor Arpi, Nnamdi Anuforo, Raymond Estrella, Yordanny Hidalgo, Franking Ovalle, Michael Arpi, Daniel Alves, Chrisopher Pierre-Jacque, Randy Perez, Kevin Igwe, Williams DelaCruz, and Mayron Vasquez.  
-       On Friday, May 16, 2008, the Tarrytown Beautification Foundation had their Bird House Contest.  Mayor Fixell was one of the judges.  There was tremendous talent and remarkable skilled work on the bird houses from the residents of this Village.  The bird houses will be displayed in stores on Main Street and he encourages people to take a look at them.
-       The Mayor read a letter addressed to Mayor Fixell from residents John and Shana Macca regarding a DPW employee, Keith Smith expressing their gratitude of Keith’s act of kindness.  (a copy of the letter is attached to the official minutes of this meeting)

Trustee McGee reported on the following:
-       Gillian Berger and Catherine Lillis, Sleepy Hollow Middle School students will also receive their certificates of merit in the mail.
-       On May 31st, the Warner Library will hold their Local Author Event at the library.
-       On June 14th from 1 p.m. – 3 p.m. the Warner Library will hold an Open House at the library to celebrate the new renovation of the library.

Trustee Hoyt reported on the following:
-       On Monday, May 26th, the Annual Family Fun Day will be held at Patriot’s Park immediately following the Memorial Day Parade and ceremony.  
-       Kayaking will be offered on the Tarrytown Lakes on Saturdays and Sundays in the months of June, July and August.

Trustee Basher read the following:
“In conjunction with National Police Week, the Policemen’s Benevolent Association of Westchester County, held its annual Police Awards/Scholarship Luncheon on Monday,
May 12th in Eastchester.  The following Tarrytown Police Department officers were honored:

Chief of Police Scott Brown was named the “Person of the Year,” in recognition of his efforts as a long-time member of the Board of Directors, Chairman of the Scholarship Awards Program and Financial Secretary.

Detective/Sergeant Eugene Buonanno, Detective Frank Papp and Detective Daryl Stiloski were each awarded two (2) Class C Citations for Meritorious Police Service for their diligent investigation and subsequent arrest of the participants in two separate armed robberies within the Village.

Police Officer Michael McGee received a Class C Citation for Meritorious Police Service for his actions and arrest of a suspect involved in the sale of a large quantity of crack cocaine in the Village.

Police Officer Joseph Barosa also received a Class C Citation for Meritorious Police Service for an investigation and arrest of drug activity in conjunction with the Drug & Alcohol Task Force.”

Trustee Basher stated that we are extremely proud of our Police Department, and especially of these officers who have been recognized for their efforts on behalf of law enforcement and service to the residents of the Village of Tarrytown. Congratulations to all.

PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT BLOCK GRANTS FOR THE 2009 - 2011 GRANT CYCLE

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

Mayor Fixell questioned whether anyone wished to address the Board on this matter.  No one appeared.  

Trustee Hoyt moved, seconded by Trustee McGee, and unanimously carried that the public hearing be closed.

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

WHEREAS, a public hearing was held to hear and consider the applications proposed for submission by the Village of Tarrytown for funding pursuant to the Community Development Block Grant (CDBG) program for the funding cycle 2009 through 2011; and

WHEREAS, organizations that will be submitting applications for CDBG that are located in the Village of Tarrytown or will be providing services to residents of the Village of Tarrytown have provided information to the Board of Trustees regarding their grant applications; and

WHEREAS, a notice of public hearing was published in the Journal News on May 9, 2008; and

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

The Board of Trustees of the Village of Tarrytown hereby authorizes the submission of applications for funding through the Community Development Block Grant program for the following projects:

Sidewalk Replacement Projects

(1) Wildey Street and Wood Court Neighborhood Sidewalks    
      Project
-Wildey Street from S. Washington to Cortland (2,950 LF) @ $353,700
      -Wood Court off Wildey Street (506 LF) @ $48,258

(2) Cottage Place Neighborhood Sidewalks Project
-Cottage Place from Central Avenue to Main Street (1,306 LF) @             $151,235

(3) South Washington Street Neighborhood Sidewalks Project
-S. Washington from Main Street to W. Franklin Street (1,612 LF) @    $296,755

(4) White Street Neighborhood Sidewalks Project
     -White Street from Depot Plaza to Main Street (1,296 LF) @      
     $156,312

Total:  $1,006,260

(5) Senior Bus Replacement (14 passenger, handicap accessible)

Total: $58,000

(6) Patriots Park
     -New preschool playground apparatus, safety surfacing, tables &    
       benches
     -New fence behind basketball court
               -ADA-compliant pavement to play area

Total: $66,720

(7) Streetscape Project on Broadway from Wildey Street to  
     Philipsburg Manor (joint project with Village of Sleepy Hollow)
New sidewalks, curbs, drainage, street trees and lighting (Tarrytown component from Wildey Street to College Avenue)

Total Project Cost - $1,390,000

Transportation Enhancement Program funding grant of $732,782 (grant already approved) CDBG application of $300,000
Match of $357,218 to be provided from Sleepy Hollow and Tarrytown (Tarrytown to pay proportionate share based upon that section of project in Tarrytown)

Hudson Street from Beekman Avenue to Division Street (joint project with Village of Sleepy Hollow)
New curbs, sidewalk, drainage, street trees and lighting (Tarrytown portion approximately 20% of project – exact proportion to be provided by Sleepy Hollow on Monday)

Total: $510,000

2.    The Board of Trustees does hereby agree to provide the following matching funds, per the anticipated cost of the project in the grant application, for the following projects:

Sidewalk Replacement Projects

Wildey Street from S. Washington To Cortlandt St.      $176,850
Wood Court off Wildey Street   $ 24,129
    (2) Cottage Place from Central Avenue to Main Street     
                      $75,618
    (3)  S.Washington from Main Street to W. Franklin Street    
$148,378
             (4) White Street from Depot Plaza to Main Street    $ 78,156

        Total:  $  503,131

(5) Senior Bus Replacement (14 passenger, handicap accessible)

Total:   $29,000

(6) Patriots Park
    
Total:  $33,360

(7) Streetscape – Broadway

Total:  $33,586

(8) Streetscape – Hudson Street

Total:  $10,200
        
3.     The Board of Trustees for the Village of Tarrytown does hereby authorize the submission of the CDBG application for the streetscape improvement projects for Broadway and Hudson Street by the Village of Sleepy Hollow.

4.  The Board of Trustees does hereby support the Community Development Block Grant applications being submitted by the Tarrytown Music Hall, the Family YMCA at Tarrytown, Community Opportunity Center, and Community Capital Resources.  

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD:  SPEAKERS HAVE 5 MINUTES BEFORE YIELDING TO THE NEXT PERSON:  THEN 3 MINUTES FOR ADDITONAL COMMENTS

Mark Lindbergh, 15 Meadow Street, stated that he would like to follow up on a petition which was submitted to the Village four years regarding traffic and the parking situation on Meadow Street.  His goal would be to have parking permits for Meadow Street residents like the parking permits on the roads near the train station.  There has been an increase in crime in this area and you can’t tell a resident’s car from a non-resident’s car.  Enforcement of illegally parked cars needs to be carried out.  Mayor Fixell stated that under state law, we would not get permission to restrict parking to residents only on a public street; however, we can make sure that police enforcement takes place.

Mitch Chalsen, 33 Meadow Street, stated that he supports his neighbor that there are parking problems on Meadow Street.  The apartment residents are now parking on Meadow and Millbrook Avenues causing unsafe conditions.  Mayor Fixell stated that he will have the Transportation Committee look at this and recommend a solution.

Aston Morgan, 54 Grove Street, asked the Board about a small strip that residents on Altamont use as parking near the new house on the corner of Fairview and Altamont.  He would like to know if this is public parking or privately owned by the house that is under construction.  He would also like permit parking or if not, to find out if the new neighbor is encroaching on public property which has taken away parking spaces.  Trustee Butler asked to have the Village Engineer look to see if the building is on public property and also see if we can provide a hardscape for this neighborhood to help out with parking.

John Anderson, owner of Riverside Taxi, stated that he represents many taxi drivers and he does not support the $ .25 taxi fare increase.  He proposes an increase from $4.00 to $5.00 and $4.00 for senior citizens.  He also stated that some of the taxi businesses in the Village overcharges and get away with it.  Police enforcement needs to be addressed.  Mayor Fixell asked Mr. Anderson for a call log and additional data to better understand what a fair taxi rate would be.  Mayor Fixell also stated that he will
table this to the next work session; however, he will need the taxi drivers to provide the Board this data prior to the work session.

Felix Lantigua, 69 N. Washington Street, stated that the $4.00 taxi fare is not enough to run a taxi business in the Village.  

Adam Kearns, Tarrytown resident, stated that he was a passenger in a taxi cab where he was charged $8.00.  He wants to know what can be done about this.  He also supports a larger increase in the taxi fares and suggests that the Board speak to the taxi drivers.

SET PUBLIC HEARING REGARDING PROHIBITING THE USE OF TOBACCO PRODUCTS IN THE PARKS AND RECREATION AREAS OF THE VILLAGE TO BE HELD ON JUNE 16, 2008

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby schedules a public hearing regarding an amendment to the Village Code which will prohibit the use of tobacco products in the parks and recreation areas of the Village to be held on June 16, 2008 at 8:00 p.m.

SET PUBLIC HEARING REGARDING MEMBERS OF THE SPRINKLER APPEALS BOARD TO BE HELD ON JUNE 16, 2008

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby schedules a public hearing regarding an amendment to the Village Code which will revise the membership of the Sprinkler Appeals Board to be held on June 16, 2008 at 8:00 p.m. The Sprinkler Appeals Board would consist of the Fire Chief, the 1st Assistant Fire Chief, the 2nd Assistant Fire Chief and two (2) members selected by the Board of Trustees from the residents of the Village of Tarrytown.  The Building Inspector will no longer be a member of the Sprinkler Appeals Board.

APPROVAL OF CHANGE ORDER MC-01 FOR DJ HEATING & AIR CONDITIONING FOR ADDITIONAL WORK AT THE NEW VILLAGE HALL, POLICE HEADQUARTERS AND COURT PROJECT TOTALING $22,964.43

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves change order MC-01 for DJ Heating & Air Conditioning for additional work at the new Village Hall, Police Headquarters and Court Project totaling $22,964.43.

AUTHORIZATION OF THE EXPENDITURE FOR THE VILLAGE HALL DEVELOPMENT PROJECT

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

BE IT RESOLVED that the Board of Trustees for the Village of Tarrytown does hereby authorize the expenditure of $6,250,000 for the Village Hall development project; and

BE IT FURTHER RESOLVED that this expenditure shall be the subject of a future financing resolution.  

APPOINTMENT OF PART-TIME INTERMEDIATE CLERK

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints Christine Angevine, to the part-time position of Intermediate Clerk in the Treasurer’s Office at an hourly rate of $10.00 effective May 19, 2008 through August 15, 2008.

AUTHORIZATION TO EXECUTE A LETTER OF AGREEMENT FOR PROFESSIONAL SERVICES WITH RESPECT TO A PART-TIME BUILDING INSPECTOR FOR THE HUDSON HARBOR PROJECT

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes the Mayor or his designee to execute a letter agreement with Anthony Turiano of White Plains for part-time building inspector services for the Hudson Harbor Project subject to the review and approval of the letter agreement by the Village Attorney, said services to be paid by Ferry Landings, Inc.

CONSIDERATION OF THE BID AWARD FOR PIERSON PARK SHORELINE REHABILITATION  

Trustee Basher moved, seconded by Trustee Zollo that the following be approved.  Motion carried, all voting “aye” with exception of Trustee Butler who abstained.  Approved:  6-0
        
WHEREAS, the Village Engineer was authorized to solicit bid proposals for the Pierson Park Shoreline Rehabilitation; and

WHEREAS, on April 25, 2008 at 11:00 a.m. the following proposal was the lowest of three bids received:

Contractor                                   Bid Amount                Bond Amount
Spearin, Preston & Burrows, Inc.           $2,064,562.50                        5%
14-45 117th Street
College Point, NY  11356-0250

Pheonix Marine Co., Inc.
46 Rt. 36
Keyport, NJ  07735                               $3,387,500.00                           5%

D’Onofrio
202 28th Street
Brooklyn, NY  11322                      $4,253,000.00                   5%     

WHEREAS, after review by the Village Engineer and Village Administrator, it is recommended that the award go to the lowest bidder at a corrected bid amount of $1,934,532.50; and

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown award a contract to the lowest bidder at the corrected amount of $1,934,532.50 to Spearin, Preston & Burrows, Inc. of College Point, New York, for the Pierson Park Shoreline Rehabilitation project, as recommended by the Village Engineer.

BE IT FURTHER RESOLVED that the Board of Trustees authorizes the execution of an agreement with Spearin, Prestin & Burrows, Inc. for the Pierson Park Shoreline Rehabilitation project.

BE IT FURTHER RESOLVED that the financing of the portion of the project to be paid from funds to be provided by the Village of Tarrytown shall be the subject of a future financing resolution.

APPROVAL OF A LICENSE AGREEMENT BETWEEN THE VILLAGE OF TARRYTOWN AND KAYAK HUDSON, LLC D/B/A HUDSON RIVER RECREATION

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes the Mayor or his designee to execute a license agreement between the Village of Tarrytown and Kayak Hudson, LLC, d/b/a Hudson River Recreation of White Plains, the contractor who will provide kayak instruction, rentals and guide services from the designated Tarrytown Lakes location on behalf of the Tarrytown Parks and Recreation.  The term of this agreement shall begin on June 1, 2008 and end on September 15, 2008.  The license agreement, as prepared by the Village Administrator to be annexed to the minutes of this meeting as part of the official record.

INTERMUNICIPAL AGREEMENT REGARDING MS4 - PHASE II STORMWATER EDUCATION AND OUTREACH PROGRAM

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

BE IT RESOLVED that the Village Administrator is hereby authorized to sign an Intermunicipal Agreement with Westchester County regarding the MS4 - Phase II Stormwater Education and Outreach Program.
INTERMUNICIPAL AGREEMENT REGARDING PERSONAL PROTECTIVE EQUIPMENT

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

BE IT RESOLVED that the Village Administrator is hereby authorized to sign an Intermunicipal Agreement with Westchester County regarding Personal Protective Equipment to better respond to Weapons of Mass Destruction.
APPROVAL OF SPEED LIMIT REDUCTION ON EAST SUNNYSIDE LANE

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the speed limit reduction on East Sunnyside Lane as follows:

Section 291-67.  Schedule II:  Speed Limits

In accordance with the provisions of 291-5, speed limits other than thirty (30) miles per hour are established as indicated upon the following streets or parts of streets:

Name of Street          Speed Limit                     Location

East Sunnyside Lane                       25                             Entire Length

APPROVAL TO AMEND THE MASTER FEE SCHEDULE FOR TAXI CAB FARE RATES (tabled)

Trustee Basher moved, seconded by Trustee McGee and unanimously carried that the following be tabled:  Approved to table:  7 - 0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approve amending the Master Fee Schedule pertaining to Taxi Cab Fare rates as follows:

First passenger going from any point having its origin within the Village of Tarrytown to any point having its destination within the Village of Tarrytown:  from four dollars ($4.00) to four dollars and twenty-five cents ($4.25)

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON  MAY 5, 2008

Trustee McGovern moved, seconded by Trustee McGee that the following be approved.  Motion carried, all voting “aye” with exception of Mayor Fixell who abstained.  Approved:  6-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the regular meeting of the Board of Trustees held on May 5, 2008, as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE EXECUTIVE SESSION OF THE BOARD OF TRUSTEES HELD ON APRIL 21, 2008

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the executive session of the Board of Trustees held on April 21, 2008, as submitted by the Village Attorney.
APPROVAL OF AUDITED VOUCHERS NO. 004189 THROUGH NO. 004382

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the audited vouchers No. 004189 through No. 004382, is hereby ordered paid in the following amounts as presented with exception of Voucher No. 004227 to be tabled:

                General                  $     163,760.13
                Water                               106,999.92
                Capital                     476,253.14
                Library                         5,625.06
                Trust & Agency                    19,691.82
Total                             $    772,330.07

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Number 004338 and Trustee Hoyt who abstained from Voucher Numbers 004190, 004361, 004365, 004228, and 004376.  Motion carried 7-0.
   
ADJOURNMENT

Trustee Basher moved, seconded by Trustee Hoyt and unanimously carried, that the meeting be adjourned at 9:25 p.m.



Carol A. Booth
Village Clerk