Board of Trustees
Village of Tarrytown
Regular Meeting No. 16
November 2, 2009 8:00 p.m.
PRESENT: Mayor Fixell, presiding; Trustees Basher, Butler, Hoyt, McGee,
McGovern, and Zollo; Administrator Blau; Village Treasurer Hart;
Village Attorney Shumejda; Secretary D’Eufemia
REPORTS
Trustee Hoyt reported the following:
• This Sunday, November 8th, is the annual Pilgrim Run. The four-mile route starts and ends at Hackley School beginning at 11 a.m. Turkeys will be awarded to winners in each age group.
• The Halloween parade was a great success. Thanks go to the Recreation Commission, the Recreation Department and Jim Kovacs who served as emcee.
Mayor Fixell reminded everyone that tomorrow, November 3, is Election Day and he urged everyone to vote.
CONTINUATION OF PUBLIC HEARING – CABLEVISION AGREEMENT BETWEEN THE VILLAGE OF TARRYTOWN AND CABLEVISION OF WAPPINGER FALLS, INC.
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried, that the hearing be opened.
Mr. Dean Gallea, 28 Wildey Street, a member of the Village’s Communication Advisory Committee, asked for clarification as to how the $14,000 a year was determined and whether it is equivalent to what Verizon is paying. Trustee Basher stated the Cablevision PEG fee was arrived at through negotiations over a ten month period. The Village had wanted a per subscriber fee for both Cablevision and Verizon but Cablevision was against that. Mr. Gallea stated he understood conceptually it is equal but the amount per year seems kind of small since this is a fifteen year agreement, and he did not know if it will be equivalent to what Verizon will pay over that period. Trustee Basher stated Verizon hopes to capture more of the subscribers. If Verizon is successful, Cablevision will lose some subscribers and could end
up paying more per subscriber than Verizon.
Mayor Fixell noted the Village had limited leverage in that negotiation process. If there were to be an ideal situation, there would be the same amount per subscriber but each operator is trying to do what is in their interest. Mayor Fixell stated he felt this is a reasonable deal and similar to others throughout the area.
Ms. Maryann Arrien from the Alliance for Community Media in Putnam County stated she is very concerned about the growth of PEG access in all of New York State. Tarrytown should get as much as it can for the stations, and needs to capture funding to keep up with the needs of the community. A concern that needs to be kept in mind is that if residents switch to satellite TV, there are no franchise fees for the community. Public access needs to grow and be vibrant. In bad economic times people stay home and watch TV so the money is important and Tarrytown needs to get as much as it can.
Ms. Sunny McLean stated she is Executive Director and Station Manager for Community Media on Hudson which has been serving Tarrytown, Sleepy Hollow and the Town of Mt. Pleasant since 1983. She stated there have been many missed opportunities and leaders have not recognized the powers they have in negotiations. “I believe every City, Town, Village, and Hamlet should have community channels.” Ms. McLean stated she knew Tarrytown has worked hard on the franchise agreement and would do everything in its power to get the funds. She noted her organization has served the Rotary Club, the Library, the YMCA, the Schools, the Police Department, and the Recreation Department. That is reflective of what can be done if there is a good, healthy PEG access system in place.
Mr. Alexander Roberts, 63 Miller Avenue, stated he is a former news reporter from New York City and he has seen a tremendous change in how people receive the news. There have been a lot of layoffs in many publications. Television is a powerful medium. Not having a public access station in Tarrytown is missing a tremendous opportunity. “I will do all I can to promote it if you are interested. I see this as a tremendous way for you to connect with the local community to talk about issues in Tarrytown.”
Ms. Pamela Goldstein of Verizon New York, Inc. stated the Cablevision proposal is for fifteen years and the Village should give careful consideration to the letter dated
October 9, 2009, from Verizon and the comments they made at the October 19th public hearing. She stated the Cablevision proposal is against the Village’s best interest and the Village residents deserve better. Cablevisions’ proposed PEG support will result in a shortfall to the Village. It proposes to pay only 44% of the Village’s identified needs. Cablevision has a proven track record of operating under Temporary Operating Agreements for extended periods. Under the proposal, Cablevision would have no obligations to provide any additional PEG support for the time it operates under TOAs. The Village should not allow Cablevision to take advantage in that way. Cablevision should be required to provide annual PEG grants if its agreement expires before a new one is in place.
Verizon believes the language in Section 5.4.4 should be deleted. Verizon believes Section 5.4.7 is inappropriate and the Village should strike it.
They believe the Village should also strike Section 12.21. “This is an important step for the Village since this is the first renewable agreement when there is competition.”
Mr. Robert Hoch, Director of Government Relations for Cablevision, stated Verizon would like to see the Board hold up on the renewal of the Cablevision agreement since Verizon does not have to make PEG payments as long as Cablevision is not making PEG payments. “I would urge you to not be fooled by the smoke and mirrors.” Mr. Hoch stated if anything, Cablevision’s PEG payments exceed what Tarrytown will see with the ten year agreement with Verizon. “I think it is a strong franchise and I think it is a win for Tarrytown and Cablevision.”
Upon inquiry from Trustee Butler, Mr. Blau stated the PEG money from Cablevision and Verizon can be used for public access equipment or the possibility of creating a studio – it cannot be used for operating public access.
Ms. Eileen Mason, an operator of LMC-TV in Mamaroneck, the public access operator, stated they have been in operation since 1983. They started with large grass roots support. Tarrytown will have to build a basis for its operating funds. If there is a viable strong community outlet where you can get all the information without editing, it is soup to nuts truth. The whole community needs to be behind you. She urged Tarrytown to get a fair and equitable franchise agreement with Cablevision in order to fully provide the community with public access television.
No one further appeared to address the Board on this matter.
Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the hearing be closed.
Trustee Basher moved, seconded by Trustee Zollo, that the following resolution be adopted: Approved: 6 aye; 1 abstention
WHEREAS, the (“Franchise” or “Agreement”) is entered into by and between the Village of Tarrytown, a validly organized and existing political subdivision of the State of New York (the “Local Franchising Authority” or “LFA”) and Cablevision of Wappingers Falls, Inc. (the Franchisee); and
WHEREAS, the LFA wishes to grant Franchisee a nonexclusive franchise to construct, install, maintain, extend and operate a cable system in the Franchise Area as designated in this Franchise;
WHEREAS, the LFA is a “franchising authority” in accordance with Title VI of the Communications Act, (see 47 U.S.C. § 522(10)) and is authorized to grant one or more nonexclusive cable franchises pursuant to Article 11 of the New York Public Service Law, as amended and Title 16, Chapter VII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended; and
WHEREAS, Franchisee has completed the upgrade of its existing telecommunications and information services network through the installation of a hybrid coaxial-fiber network (“Fiber Network”) in the Franchise Area which transmits both Cable and Non-Cable Services, which Non-Cable Services are not subject to the Cable Law or Title VI of the Communications Act; and
WHEREAS, the Fiber Network occupies the Public Rights-of-Way within the LFA, and Franchisee desires to use portions of the Fiber Network to provide Cable Services (as hereinafter defined) in the Franchise Area; and
WHEREAS, the LFA has found Franchisee to be financially, technically and legally qualified to operate the Cable System; and
WHEREAS, the LFA has identified the past performance of the Franchisee and the future cable-related needs and interests of the LFA and its community, has considered the character and the financial, technical and legal qualifications of Franchisee, and has determined that Franchisee is in material compliance with its existing franchise and that its Cable System is adequate and feasible in a full public proceeding affording due process to all parties; and
WHEREAS, the LFA has determined that the Franchisee complies with the provisions of the Cable Law and with NY PSC’s franchise standards, and that the grant of a nonexclusive franchise to Franchisee is consistent with the public interest; and
WHEREAS, the LFA and Franchisee have reached agreement on the terms and conditions set forth herein and the parties have agreed to be bound by those terms and conditions.
WHEREAS, in consideration of the LFA’s franchise renewal to Franchisee, Franchisee’s promise to provide Cable Service to residents of the Franchise/Service Area of the LFA pursuant to and consistent with the Cable Law (as hereinafter defined), pursuant to the terms and conditions set forth herein, the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which are hereby acknowledged.
WHEREAS, a public hearing was held for the proposed action on October 19, 2009 and November 2, 2009; and
WHEREAS, a notice of public hearing was published in the Journal News on October 6, 2009; 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, the Board of Trustees of the Village of Tarrytown hereby authorizes and directs the Mayor to execute the franchise renewal between the Village of Tarrytown and Cablevision of Wappingers Falls, Inc. and any other documents necessary to effectuate the granting of the franchise of behalf of the Village.
The Board was polled. Trustee Butler abstained; all others assented. Motion carried.
PUBLIC HEARING – LICENSE REQUIRED FOR TAXICAB/LIVERY
COMBINATION DRIVER’S LICENSE
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 2nd day of November, 2009, at 8 P.M. in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon proposed amendment to §273-4 A.(7)(e) entitled "Application for a taxicab/livery combination driver's license" of the Tarrytown Code. The complete text of this legislation follows:
A LOCAL LAW to amend §273-4 A.(7)(e) entitled "Application for a taxicab/livery combination driver's license" of the Tarrytown Code.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village finds that the increase in the amount of identity theft warrants that where possible the listing of individual Social Security Numbers be limited when not necessary; therefore, because it is not essential to provide a Social Security Number with respect to a license for " taxicab/livery combination driver's license," the requirement to provide one should be deleted.
B. Legislative Intent.
The intent of this amendment is to delete the requirement to provide a social security number when applying for a license for a "taxicab/livery combination driver's license" pursuant to §273-4 A.(7)(e) entitled "Application for a taxicab/livery combination driver's license" of the Tarrytown Code.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to §273-4 A.(7)(e) entitled "Application for a taxicab/livery combination driver's license" of the Tarrytown Code.
(7) Fill out, upon a form to be provided by the licensing official, a statement providing the information below, which statement shall be signed and sworn to by the applicant and filed with the licensing official as a permanent record:
(e) (Social security number and telephone) Telephone number
No further changes to Section
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.
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 Hoyt moved, seconded by Trustee Butler, and unanimously carried, that the hearing be closed.
Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be adopted: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends the Code of the Village of Tarrytown, Chapter 273, Taxicabs and Liveries, Section 4 A.(7(e) entitled “Application for a taxicab/livery combination driver’s license”, by eliminating the requirement to provide Social Security numbers as part of the application process; and
WHEREAS, a public hearing was held for the proposed action on November 2, 2009; and
WHEREAS, a notice of public hearing was published in the Journal News on
October 24, 2009; 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. 8 of 2009.
PUBLIC HEARING – ZONING AMENDMENT – OFFICE BUILDING ZONE (CONFERENCE CENTERS)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 2nd day of November, 2009, at 8 P.M. in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon proposed amendment to §305-34 entitled "Office Building OB Zone." of the Tarrytown Zoning Code. The complete text of this legislation follows:
A LOCAL LAW to amend §305-34 entitled "Office Building OB Zone." of the Tarrytown Zoning Code.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village, having reviewed the recommendations of the Village's Master Plan and specifically the recommendation that the Zoning Code permit a conference center as a permitted principal use in the Office Building (OB) Zone, finds that a conference center should be allowed within the OB Zone; however, said use should only be permitted upon the issuance of a compatible use permit issued by the Village Board of Trustees.
B. Legislative Intent.
The intent of this amendment is to allow a conference center as a permitted principal use within the OB Zone; however, said use should only be permitted upon the issuance of a compatible use permit issued by the Village Board of Trustees.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to §305-34 entitled "Office Building OB Zone." of the Tarrytown Zoning Code.
A. Permitted principal uses.
(7) Conferences centers. No conference center will be permitted within the OB Zone unless a compatible use permit is obtained from the Village of Tarrytown Board of Trustees. A conference center for the purposes of this section shall mean a hotel, motel or inn which provides meeting rooms, recreation facilities and/or dining facilities which may be open to the general public for catering activities. Furthermore, any compatible use permit for a conference center will have the following conditions:
[a] At least 60% of the meeting space shall be dedicated as "single purpose conference space" to be used exclusively for meetings, retreats and conferences. This space is not to be used for ancillary food and beverage functions of a social or public nature;
[b] At least 60% of the total revenue from guest rooms, meeting space, food and beverage, conference technology (audio and video) and conference services shall be derived from corporate conferences, retreats, association and other group activities;
[c] The average conference group shall be 75 or less participants;
[d] The conference center shall offer and actively promote package plans which includes conference rooms, guest rooms, three meals, continuous refreshment services, conference services and conference technology;
[e] The conference center shall have dedicated conference rooms which are separate from the living (guest room), dining and leisure areas and, said conference rooms shall contain unobstructed interior views;
[f] The conference center shall have at least one dedicated conference room which contains a minimum of 1,000 sq. ft. and three additional dedicated conference rooms which do not have movable walls;
[g] The conference center shall have a staffed business services desk and shall host upper-level management meetings and "educational and training" seminars;
[h] All guest rooms shall be separate from the conference and leisure areas;
[i] The conference center shall maintain central refreshment break stations separate from traditional dining rooms and/or restaurants for all conference attendees and these are to be located in fixed general access areas for multiple/different conference events;
[j] The conference center shall maintain at least 1000 square feet of natural features per guest room. Natural features shall include but shall not be limited to landscaping, gardens, lawns, trees, shrubbery, plantings and/or such items of a natural quality. These areas should be readily accessible for guests of the conference center.
No further changes to Section
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.
Trustee McGee moved, seconded by Trustee Basher, and unanimously carried, that the hearing be opened.
Counsel Shumejda stated this is a proposal to amend the Local Law to allow Conference Centers in the Office Building Zone. It was a recommendation of the Comprehensive Plan approved by the Board of Trustees. The Tarrytown Conference Center has been operating for many years but this will allow it as a permitted principal use. They will have to be issued a Compatible Use Permit. The criteria designed were worked on by the Planning Board with consultation for the Village’s Planning Consultant, BFJ.
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be closed.
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be adopted: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends the Code of the Village of Tarrytown, Chapter 305, Zoning, Section 34 entitled “Office Building OB Zone”, to provide for a Conference Center use in an OB zone subject to the issuance of a compatible use permit by the Board of Trustees.
WHEREAS, a public hearing was held for the proposed action on November 2, 2009; and
WHEREAS, a notice of public hearing was published in the Journal News on
October 24, 2009; 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 2009.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD
Mayor Fixell questioned whether anyone wished to address the Board on any matter.
No one appeared.
EXTENSION SNOW AND ICE AGREEMENT WITH STATE OF NEW YORK – JULY 1, 2009 THROUGH JUNE 30, 2010 AND JULY 1, 2010 THROUGH JUNE 30, 2011
Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be adopted: 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 enter into an
Agreement for the Extension Snow and Ice Agreement with the State of New York from July 1, 2009 through June 30, 2010 for reimbursement for the Village’s snow plowing of Route 9/Broadway; and
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to enter into an Agreement for the Extension Snow and Ice Agreement with the State of New York from July 1, 2010 through June 30, 2011 for reimbursement for the Village’s snow plowing of Route 9/Broadway.
INTER-MUNICIPAL AGREEMENT WITH WERSTCHESTER COUNTY FOR GEOGRAPHIC INFORMATION SYSTEM PROGRAM (GIS)
Trustee Butler moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be adopted: 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 enter into an Inter-Municipal Agreement with Westchester County for the sharing of Geographic Information System information, services and consultation.
RESOLUTION DESIGNATING OFFICES TO BE FILLED AND TERMS AT THE MARCH 16, 2010 VILLAGE ELECTION
Trustee Basher moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be adopted: Approved: 7-0
WHEREAS, the next general Village election for officers will be held on
Tuesday, March 16, 2010, and
WHEREAS, the Board of Trustees shall designate by resolution as well as
have published the offices which are to be filled at the Village election and
the terms thereof.
NOW, THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby designates the following offices as vacant at the end of the current official year to be filled at the Village election on Tuesday, March 16, 2010, for the following terms:
Trustees (3) Two-year term each
BE IT FURTHER RESOLVED that the Village Clerk is hereby directed to publish this information in the official newspaper of the Village.
AWARD OF BID – PACKER BODY
Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be adopted: Approved: 7-0
WHEREAS, sealed bids were opened on October 5, 2009 for the purchase
of a packer body to be placed on a cab and chassis purchased from New
York State contract; and
WHEREAS, one bid was received for the purchase of a packer body; and
WHEREAS, the Village has purchased a packer body from the bidder previously and has been pleased with the packer body; and
WHEREAS, the purchase of the cab, chassis and packer body are less than the amount approved in the Fiscal Year 2009-2010 Capital Budget for this purchases.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby award the bid of a packer body to Sanitation Equipment Corporation of Paramus, New Jersey per their bid of $75,990; and
BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute all necessary paperwork to effectuate the purchase.
RESOLUTION RE: MASTER FEE SCHEDULE
Trustee Basher moved, seconded Trustee Butler, and unanimously carried, that the following resolution be adopted: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does
hereby amend the Master Fee Schedule as follows:
Operating Construction Equipment outside of permitted hours [Chapter 215.6 B (1)] –
25% of permit fee charged by Building Department.
SCHEDULE PUBLIC HEARING – AMENDMENT TO VILLAGE CODE, CHAPTER 221, PARKS AND RECREATION AREAS, SECTION 4 ENTITLED, “ENTERING CLOSED PARKS UNLAWFUL” TO ADD NEPERAN PARK
Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be adopted: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby schedule a Public Hearing for the regular meeting of November 16, 2009, to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 221, Parks and Recreation Areas, Section 4 entitled “Entering Closed Parks Unlawful” to add Neperan Park.
APPROVAL OF AUDITED VOUCHERS
Trustee McGovern moved, seconded by Trustee Zollo, 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 Audited Vouchers No. 001803 through No. 001980 in the total amount of $461,638.74 as presented by the Village Treasurer:
General $338,561.78
Water 77,118.44
Capital 19,250.00
Library 8,943.87
Trust & Agency 17,764.65
$461,638.74
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 001893, 001958, and 001959 and Trustee Hoyt who abstained on Voucher Number 001857. Motion carried. 7-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried, that the meeting be adjourned at 8:50 p.m.
Kathleen D’Eufemia
Secretary
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