Board of Trustees
Village of Tarrytown
Regular Meeting No. 10
July 21, 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.
REPORTS
Mayor Fixell welcomed the Board of Trustees and the Village residents to our new Village Hall and reported on the following:
- The Village Hall officially had the Ribbon Cutting Ceremony at the public’s Open House this past Friday evening. It was a very nice ceremony and public tours were available. This is our very first Board of Trustees meeting held at the new Village Hall; unfortunately, we are not able to broadcast live and run the meetings on tape yet. The cable companies have not setup the equipment. We are planning to be up and running in the very near future.
Trustee Basher stated that Hitachi is partnering with the Tarrytown and Sleepy Hollow Chamber of Commerce to conduct a food drive to benefit the Community Opportunity Center of the Tarrytown’s. You may drop off your canned or boxed goods at the Village Hall or the Police Station.
PUBLIC HEARING REGARDING SIDEWALK VENDING IN SPECIFIC AREAS IN THE VILLAGE OF TARRYTOWN AND REGULATING SUCH SIDEWALK VENDING
Trustee Hoyt moved, seconded by Trustee Zollo and unanimously carried that the public hearing be opened.
Village Attorney Shumejda stated that this is a new proposed law that will allow sidewalk vending in the Village of Tarrytown. This will allow merchants to display goods and wares on the sidewalk and it will also allow signs to be posted along the sidewalk. A four-feet wide area will be required for people to traverse under regulations of the federal government. This will enhance the character of the Village and support the merchants. An application will have to be submitted on an annual basis. Part of this application will be for the merchant to hold the Village harmless. Mayor Fixell stated that prior to this proposed law, sidewalk vending was completely prohibited. This will be allowing vending on sidewalks for the first time.
Joanne Murray, President of the Sleepy Hollow/Tarrytown Chamber of Commerce, stated that while the Chamber appreciates the speed with which the Village Board addressed updating sidewalk codes, there’s much more work to be done. She supports the safe and adequate passageway for pedestrians and understood the Board feels we need 4 ft. for pedestrians to pass, even though the ADA requirement is 3 ft. While this change in regulation is a step in the right direction, the Board needs to address other needs of the merchants, such as sidewalk codes, window signage codes, cleaning the sidewalks and a plan with a vision for a future including parking. The Chamber asks the Village Board to include the Chamber of Commerce in their downtown planning to help develop a plan for the future.
George Gasparini, 47 Paulding Avenue, stated that he was pleased about the sidewalk vending legislation. He believes the Main Street district should be kept cleaner by the Village, in particular, sidewalks. The condition of the sidewalks and the garbage containers are unacceptably dirty. He would like the historic business district on Main Street to be kept cleaner. He also asked if the Sanitation Department can start picking up garbage earlier in the morning (6:00 a.m.) when there is little or no traffic.
Trustee Zollo questioned if 4 ft. was correct with respect to ADA regulation. Administrator Blau stated that under the building code for ADA compliance, it is 4 ft.; however, we will do some checking. Trustee Zollo also stated that we will be looking into a code enforcement officer to help out with code violations. Trustee Butler stated that he also thinks a code enforcement officer is a good idea, but he also thinks that the merchants have to work together in partnership to keep the Village clean.
Commercial Use of Sidewalks
§ 1. Intent of regulations.
The sidewalk vending regulations as established in this article are designed to allow sidewalk vending on public property on the terms and conditions as specified in this article and to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:
A. To provide adequate space for pedestrians on the sidewalk adjacent to sidewalk vending areas and to ensure access to adjacent commercial and retail uses.
B. To promote sidewalk vending as useful and properly planned visual amenities.
C. To preserve and enhance the character of the RR Restricted Retail District.
§ 2. Definitions.
For the purpose of this article, the following terms shall have the following meanings:
CURBLINE – An area marked by the point at which the curbstone of a roadway meets or is adjacent to the sidewalk.
PUBLIC SERVICE FACILITY – A public telephone, mailbox, bench, parking meter or other facility provided for the use of the general public.
SIDEWALK – Any area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public.
SIDEWALK VENDING – The use of the sidewalk area adjacent to and a part of a permitted indoor retail establishment for the sale of retail merchandise, the placement of sandwich board signs and the placement of items relating to the business and designed to attract customers to the business establishment.
§ 3. Sidewalk vending regulations.
A. No person shall engage in the operation of sidewalk vending except upon the granting of a revocable permit therefore by the Building Inspector pursuant to this Chapter and in accordance with the terms and conditions of such permit.
B. The Building Inspector is hereby authorized to grant revocable permits for the use of the sidewalks for sidewalk vending upon the following terms and conditions:
(1) The permit and regulated activity shall be valid only during a single calendar year. All permits, regardless of when issued, shall expire on December 31 and shall be renewed each year thereafter on application of the applicant specifying any change from the information originally set forth pursuant to Section 4 of this Chapter, unless the Building Inspector, for cause as set forth in Section 6 does not renew said permit.
(2) The permitted activity shall be conducted only as an accessory to a business establishment lawfully operating on the first floor of premises in the areas designated in (3) below on the sidewalk in front of the principal place of business of such establishment and by the entity which operates such establishment. All sales shall be conducted within such establishment. No cash register or other facility for the exchange of currency or otherwise receiving payment for goods and services shall be permitted on the sidewalk.
(3) Sidewalk vending shall be permitted in the following areas:
Broadway, from Wildey Street to West Elizabeth Street
John Street, from Main Street to a point 200 feet south of Main Street
Kaldenberg Place, from Main Street to Central Avenue
Main Street, from Broadway to Windle Park
Neperan Road, from Broadway to Archer Place
North Washington Street, from Main Street to Central Avenue
South Washington Street, from Main Street to a point at the southerly edge of the Washington Street parking lot
(4) The applicant shall have the consent of the owner, if different than the applicant, of the premises in front of which the permit activity is to be conducted.
(5) There shall be maintained at all times by the permittee an area in front of the business no less than four feet to enable pedestrians to walk along the sidewalk. Should a sidewalk be more than eight (8) feet in width, one-half of the width of the sidewalk may be used for sidewalk vending up to a maximum of six (6) feet.
(6) The Board of Trustees may waive the requirements of this Chapter for a period of not more than one (1) week for special occasions and events.
(7) No sidewalk display shall be higher than five (5) feet in height. A sidewalk display may be placed immediately adjacent to the business or along the curbline, provided the display does not violate (10) hereinbelow and there is space maintained for cars doors to be opened and people to enter and exit a car. A permittee shall not be permitted to use both the area next to the business and the area next to the curb for sidewalk vending purposes. Sidewalk vending next to a tree pit shall not be nearer than three (3) inches to the edge of a tree pit.
(8) The applicant shall at all times maintain free and clear from all obstructions access to the door of the business for ingress and egress.
(9) No part or item of sidewalk vending use may be permanently affixed to the sidewalk or any building. The applicant shall be responsible for any damage caused to any sidewalk or public property.
(10) The sidewalk vending use shall not interfere with access to any public service facility.
(11) No outdoor lighting or live or mechanical music shall be permitted.
(12) No sidewalk vending shall be permitted after the entity with which it is associated is not open to the public and all items placed on the sidewalk for vending purposes must be placed inside the business.
(13) No sidewalk vending shall be permitted when there is snow on the sidewalk on any area in front of the business for which the sidewalk vending is permitted.
(14) The applicant shall agree, on a form approved by the Village Attorney, to indemnify and save harmless the Village of Tarrytown, its officers, agents and employees from and against any claim of loss, liability or damage by any person arising as a result of the applicant’s operation of the sidewalk vending use.
(15) The applicant shall obtain and maintain in full force and effect throughout the term of the permit a policy of general liability insurance, which such policy shall name the Village of Tarrytown, its officers, agents and employees as additional insured, with the following limits: for personal injury, $1,000,000 per individual and $1,000,000 per occurrence, effective for the duration of the permit and contain a provision prohibiting its cancellation except upon 20 days’ notice to the Village of Tarrytown. The applicant shall file with the Village Clerk, prior to the issuance of the permit, a certificate evidencing the requisite insurance.
(16) The applicant shall file with the Village Clerk, prior to the issuance of the permit, a cash deposit in an amount to be set forth by resolution of the Board of Trustees in the Master Fee Schedule, which may be amended from time to time, as security for the faithful performance by the applicant of the terms and conditions of the permit.
(17) Any other conditions the Building Inspector shall deem to be reasonable and necessary to protect the health, welfare and safety of the public, including the denial of the application.
(18) The public property on which sidewalks vending uses are located and the surrounding areas shall at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury, and this shall be the responsibility of the permittee.
(19) The area used in the sidewalk display shall not be included in the calculation for any parking requirements required by this Code.
§ 4. Application for permit.
A. Application for a permit pursuant to this Chapter shall be made at least 14 days prior to the intended date(s) of display on a form designated by the Building Inspector. Such form shall contain at least the following information:
(1) The name and address of the applicant
(2) The proposed site for the activity
(3) A site plan showing:
(a) The proposed layout, noting where the sidewalk vending is to occur and the extent of the sidewalk vending on the property.
(b) A statement of the months, days and hours of intended operation.
(c) The applicant’s entire property and adjacent properties on the location map with streets for a distance of at least 25 feet, at a scale of one inch equals 10 feet.
B. The application shall be accompanied by an application fee as set forth by resolution of the Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
§ 5. Determination on application.
The Building Inspector shall grant or deny an application for a permit pursuant to this Chapter within 14 days of its complete submission.
§ 6. Notice of violation; denial, revocation or suspension of permit; sanctions.
Upon a finding by the Building Inspector that the applicant has violated any provision of this Chapter or the terms and conditions of the permit or has engaged in any practice in conjunction with the regulated sidewalk activity which constitutes a danger to the health or safety of any patron or pedestrian, the Building Inspector shall give notice to the applicant to correct such violation or cease such practice within 24 hours. If the applicant fails to comply with such notice, the Building Inspector may suspend the permit for a period not in excess of 30 days, during which time the applicant shall be entitled to a hearing before the Village Administrator, at which the applicant may be represented by counsel, to present evidence in his or her behalf and confront the evidence against him or her.
If, upon considering the evidence presented at the hearing, the Village Administrator adheres to the finding, the Village Administrator may reinstate the permit with additional conditions related to the violation or improper practice which has been found or revoke the permit and forfeit the applicant’s cash deposit.
§ 7. Reservation of rights.
Neither the adoption of this Chapter nor the granting of any permit pursuant hereto shall be construed as a waiver of any right, privilege or immunity of the Village of Tarrytown with respect to streets, sidewalks, whether express or implied.
§ 8. Penalties for offenses.
Any person who shall violate any of the provision of this Chapter shall be liable to prosecution in the Village Justice Court and may, upon conviction thereof, be liable to a fine that shall not exceed $500, imprisonment for not more than 15 days for each such offense, or both such fine and imprisonment. If a fine imposed pursuant to this Chapter resulting from the maintenance, use or operation of sidewalk vending is not paid within 5 business days after the fine is imposed, the Village may withdraw the amount of the fine from the permittee’s security deposit.
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the public hearing be closed.
Trustee McGovern moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby approves the establishment of a new article of the Village Code, Commercial Use of Sidewalks, which is designed to allow sidewalk vending on public property subject to the terms and conditions as specified in this article and to promote and protect the public health, safety and general welfare; and
WHEREAS, a public hearing was held for the proposed action on July 21, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on July 1, 2008; 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 2008.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: SPEAKERS HAVE 5 MINUTES BEFORE YIELDING TO THE NEXT PERSON: THEN 3 MINUTES FOR ADDITONAL COMMENTS
Mayor Fixell questioned whether anyone wished to address the Board on any matter. No one appeared.
SET PUBLIC HEARING TO DESIGNATE BUILDINGS AT THE EF SCHOOL
(MARYMOUNT COLLEGE) AS VILLAGE HISTORIC LANDMARKS
Trustee Basher moved, seconded by Trustee McGee and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that a public hearing is hereby scheduled for the August 18, 2008 Board of Trustees to hear and consider the designation of Butler Hall, Gerard Hall and the Science Building at the EF School, previously known as Marymount College, as Historic Landmarks in the Village of Tarrytown.
RESOLUTION AUTHORIZING AN APPLICATION FOR FUNDING FROM THE NEW YORK STATE DEPARTMENT OF STATE FOR THE VILLAGE’S HUDSON RIVER WATERFRONT PARKS – ANDRE BROOK RESTORATION
Trustee McGee moved, seconded by Trustee McGovern 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 Michael S. Blau, Village Administrator, to submit an application to the New York State Department of State Division of Coastal Resources/Environmental Protection Fund under the 2008-2009 Local Waterfront Revitalization Program for funding up to $742,827, with a local match of 50% for Tarrytown’s Hudson River Waterfront Parks – Andre Brook Restoration Project. The objectives of the project are (1) to restore the eroding banks of the Andre Brook and (2) to create a salt marsh.
RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES
Trustee Basher 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 approves the following Fire Department personnel changes recommended at the June 17, 2008 and July 15, 2008 Board of Fire Wardens meeting: Membership: Demetrius Carrero was approved to Active membership of Consolidated Engine Co. Jose Casiano was dropped from active roll of Consolidated Engine Company. New Drivers: Henry Molina of Hope Hose and Andrew Wilgermein of Washington Engine have successfully passed requirements for driver of Utility 61.
RESOLUTION TO DESIGNATE CERTAIN VILLAGE VEHICLES AS SURPLUS
Trustee McGee 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 following vehicles be deemed as surplus. The vehicles will be set up for auction or junked:
1991 International Dump Truck
1997 Chevrolet Pick Up
1996 Chevrolet Blazer
1994 Saab
INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY REGARDING A SHORELINE IMPROVEMENT PROJECT IN PIERSON PARK
Trustee Basher 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 Community Development Block Grant monies for a shoreline improvement project in Pierson Park in the Village of Tarrytown in an amount not to exceed $300,000.
APPROVAL TO AMEND THE MASTER FEE SCHEDULE FOR
ESTABLISHMENT OF A NEW SIDEWALK VENDING PERMIT
Trustee McGee 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 to amend the Master Fee Schedule to add a new Sidewalk Vending Permit fee in the amount of $100.00 annually and $100.00 security deposit for each establishment and to be renewed annually.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JUNE 16, 2008
Trustee Basher moved, seconded by Trustee Butler, that the following be approved. Motion carried, all voting “aye” with exception of Mayor Fixell and Trustee McGovern who abstained. Approved: 5-0
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
APPROVAL OF AUDITED VOUCHERS NO. 000245 THROUGH NO. 000637
Trustee Zollo moved, seconded by Trustee McGovern 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. 000245 through No. 000637, is hereby ordered paid in the following amounts as presented:
General $ 2,351,348.08
Water 157,051.52
Capital 146,050.20
Library 76,901.57
Trust & Agency 213,544.41
Total $ 2,944,895.78
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 000387, 000388, 000456, 000553, 000554, and
000594 and Trustee Hoyt who abstained from Voucher Numbers 000257, 000264, 000342, 000281, 000399, 000609, 000622, 000613, 000414, 000425, 000426, and 000571. Motion carried 7-0.
ANNOUNCEMENT FROM THE VILLAGE ADMINISTRATOR
Village Administrator Blau announced that the Westchester County Department of Human Resources has announced the date of the examination for Police Officer and Police Officer Spanish Speaking to be held on Saturday, November 15, 2008. The last filing date to submit an application to take the test is Monday, September 22, 2008.
The applications will be available in the lobby of Police Headquarters. We will notice the exam on our website and scroll. In addition, we will send applications to the Community Opportunity Center and the Warner Library. Trustee McGee asked if applications can be available at Village Hall and Administrator Blau stated that he will have them available at Village Hall as well.
ADJOURNMENT
Trustee Basher moved, seconded by Trustee McGee and unanimously carried, that the meeting be adjourned at 8:32 p.m.
Carol A. Booth
Village Clerk
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