Tarrytown NY - Village Board of Trustees Minutes 09/20/2010

Village Board of Trustees Minutes 09/20/2010

Board of Trustees

Village of Tarrytown

Regular Meeting No. 16

September 20, 2010 8:00 p.m.

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

The meeting began with the Pledge to the Flag.

MOMENT OF SILENCE – ANTHONY RUGGIERO JR. AND JOHN KELLY

Mayor Fixell requested a moment of silence in memory of Anthony Ruggiero Jr. and John Kelly who died heroically on Labor Day, two very brave and courageous men. He stated that the American Flags throughout the Village will remain at half staff for the rest of the month in honor and memory of Anthony Ruggiero Jr. and John Kelly.

REPORTS

Mayor Fixell stated the following:

On Saturday, October 2^nd, the County Mobile Shredder will be at the Greenburgh Town Hall, from 10 a.m. to 2 p.m.
Due to the number of people who may like to speak tonight, we will hold the public comment first, and then continue with the public hearings.

Trustee Hoyt stated that this Saturday, September 25^th, the Village-Wide Tag Sale will be held throughout the Village from 10 a.m. to 5 p.m.

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

Steve Wilgermein, Tappan Manor, stated the following:

He thought it was deplorable and in poor taste that the Village Administrator said that these men were responsible for their own deaths.
He is willing to become a certified instructor for hazmat in confined space and will volunteer his services to provide awareness for the members of the fire and police departments. He is willing to sit down with the Board members to discuss this.

John Stiloski, Walnut Street, stated the following:

He believes that Mr. Blau’s comments were false, wrong and all lies and he should be fired.
He believes that Mayor Fixell should apologize to the residents, employees and to the members of the Fire Department of this Village on behalf of Mr. Blau’s comments. He asked Mayor Fixell how he felt about Mr. Blau’s comments. Mayor Fixell stated that he felt very sorry that it hurt people and that it is being viewed as disrespectful and blameful. He doesn’t believe it was the intent.
He would like the Board to hire an independent investigation company to get the facts as to what happened.
He would like a copy of the confined space training records of the Village employees.

Michael Coffey, 100 MacArthur Lane, stated the following:

He doesn’t believe that it was team play throwing your own guys under the bus before they were in the ground; it was wrong and despicable. The responsibility starts at the top and that would be the Mayor and the Board of Trustees.

Lori Semeraro, 205 Martling Avenue, stated the following:

She asked if the consultant from the Town of Greenburgh has begun to order new video equipment. Administrator Blau stated that we are meeting this Wednesday with our Videographer to go over the equipment to be purchased and giving Mike an opportunity to provide some input.
She questioned why the minutes of the Special Meeting of the July 28^th meeting were not approved in August.
She questioned where the Board stands on the $35,000 grant for the park. Administrator Blau stated that there are certain sections in that contract that will be required pursuant to the implementation plan that has not been approved as of yet. We are waiting to see how

the County moves forward. We anticipate hearing something by the end of next month.

She questioned on pursing grants specific to park equipment that can be used by disabled

children. Administrator Blau stated that our Grants Coordinator is always looking for grants. The last grant we applied for was through the Parks and Recreation and Historic Preservation. You can apply for one grant, for one project up to $200,000. We looked at several projects including one for playground equipment. It was determined that we move forward with Losee Park improvements because in that case we can spend the full $200,000.

Pat Derivan, Franklin Courts stated the following:

He believed it was very disrespectful to the firemen, employees and to the families to speak before the investigations were complete.
Working for the State, he has to wear his class 3 garment shirt every day. If he doesn’t wear it, he gets a $60 fine. He doesn’t see our sanitation workers wearing safety shirts or vests. Safety has been lacking in DPW for a long time. Not one DPW truck has reflective striping on it.
He stated that it was a bad call by the supervisor in charge, two people are dead; someone has to be held accountable. Mayor Fixell stated that he shares his concerns, but he thinks that we ought to refrain from making judgment at this point about what happened. When the investigations are complete and we know what clearly and precisely happened, we will then determine and move forward as to what to do.

Diane Tuohy, 11 Storm Street, stated the following:

She asked that once the investigation is complete, she requested the Board to do the right thing and hold people accountable. She questioned who approved the manhole that is located in the Consolidated Engine Fire House.

Lori Semeraro, 205 Martling Avenue, stated the following:

She disagreed what Mr. Blau said, but doesn’t think he should be fired; she believes the 7 members of the Board of Trustees should be fired. She didn’t understand why the Village Administrator spoke at the press conference and not the Mayor.
She wants to know if policies and procedures have been reviewed in all the departments of the Village and if a gap analysis has begun.
She was bothered by the press conference, before the investigation was complete and before they were buried. She is personally ashamed by some of the board members.

John Stiloski, Walnut Street, stated the following:

He asked the Mayor if having a manhole in a firehouse is wrong. Mayor Fixell stated that he didn’t know.
He stated that if the Mayor allowed Mr. Blau to speak on the Village’s behalf because he is most familiar with things, then Mr. Blau should have realized that the employees should have had the necessary confined space training and the proper safety equipment.

Felix Sartario, 1 River Plaza, asked Mayor Fixell if he was aware what Mr. Blau was going to say

at the press conference. Mayor Fixell responded, “precisely, no.”

James Lennox, Montrose, New York, stated the following:

He conveyed his deepest condolences to the Village’s loss in the Fire Department and the Department of Public Works.
In 2005, he stated that he was asked to resign from the Fire Department because he was asking the department to do too much training. The Board of Fire Wardens fought me on instituting the training and the Board of Trustees sided with them.

Pat Derivan, Franklin Courts, stated that he was approached by two DPW employees who told him that they recently were told to go down a manhole without safety equipment to take a picture of a broken pipe. These situations are

common and we need to be prepared for them.

Mike Coffey, 100 MacArthur Lane, stated that he gave a document to the members of the Board as to why the Fire Department needed a rescue truck, including construction site collapses, manhole explosions, etc. He also urged the

Board to continue with proper OSHA training. Mayor Fixell stated that the Village did purchase the rescue vehicle and the Village spent a considerable amount of money on training.

Steve Wilgermein, Tappan Manor, stated the following:

He said training involving sewers is intensive, costly and necessary. In his job, it is federally mandated to take a 7-hour refresher course in hazmat and in confined space annually.
He believes that the Village Administrator needs to be let go and that Mayor Fixell needs to issue an apology to the Village residents.

Ray Tuohy, 11 Storm Street, stated the following:

He stated that it was a tragedy what happened; but the action of the Village was disgusting and distasteful to allow that statement to go to the press before the gentlemen were in the hole. He seconds the motion to have an outside investigator. We elected the members of the Board and it is the Board’s responsibility. He asks that the Board put principles before personalities. He’s asking the right thing to be done for the right reason, not for the popular reason.

Sean Scogna Jr., 99 MacArthur Lane, stated the following:

He believes it was disrespectful what the Village Administrator said at the conference.
He asked Mayor Fixell if he knew the Village Administrator was going make that statement.

Mayor Fixell stated that he knew that Mr. Blau was going to give the limited facts that he knew at the time because he was experiencing a tremendous amount of questioning from the media about the staff, firemen and the families and friends. What he was trying to do, which clearly backfired, was to give some basic information. In retrospect, it appears to be wrong. What we don’t know is what would have happened in the absence of it. The Mayor stated that he was very sorry that the statement hurt people; it was not the intention. The Mayor stated that these men were brave and heroic and lost their lives unnecessarily and tragically.

He asked the Mayor if he thinks a manhole is right to be in a firehouse. The Mayor said he did not know.

Bill Logan Jr., 16 Cottage Place, stated that he was very disappointed with the Board and Mr. Blau for the comments that were made. After losing two firemen, the last thing he wanted to hear is that they were at fault for their own

deaths. John Kelly died a hero.

Susan Scogna, 49 Embree Street, stated the following:

She stated that it was despicable what was said at the press conference. What happened to “no comment” or” it is under investigation.”
She felt that Mayor Fixell’s “sorry” was a P.R. statement; she doesn’t believe it.
She stated that these firemen put their lives on the line day and night.

Kevin Grubbs, South Broadway, stated the following:

He believes Mayor Fixell was going down the right road of apologizing for what was said on behalf of the Village of Tarrytown, however, he stated that Mayor Fixell stopped himself and took the political answer that the Mayor was sorry people felt that way and that it was taken that way and that people were hurt.
He is not asking for anybody’s jobs; but he hopes at some point that the Mayor and the Administrator come forward and apologize for what was said. He believes what was said was out of protection for the Village, not to just get the facts out.

CONTINUATION OF A PUBLIC HEARING – CHAPTER 305, ZONING (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of September, 2010, at 8 PM, in the Municipal Building, One Depot

Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to §305-134 C. (1) Topographic Data of Chapter 305 entitled “Zoning” of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend §305-134 C. (1) Topographic Data of Chapter 305 entitled “Zoning” of the Code of the Village of Tarrytown.

SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.

A. Findings of Fact.

The Board of Trustees of the Village of Tarrytown has determined that there would be increased clarity and a more efficient approval process if the current language of §305-134 C. (1) Topographic Data of Chapter 305 entitled “Zoning” of the Code of the Village of Tarrytown was amended so that it operates more succinctly with the steep slopes provisions already existing in §305-135 E. (2). of the Zoning Code. The Board of Trustees believes that the proposed changes would reduce confusion and save time in the approval process of applications before the Village of Tarrytown Planning Board.

B. Legislative Intent.

It is the intent of the Board of Trustees of the Village of Tarrytown to amend the language of §305-134 C. (1) Topographic Data of Chapter 305 entitled “Zoning” of the Code of the Village of Tarrytown was amended so that it operates more succinctly with the steep slopes provisions already existing in §305-135 E. (2).

Material to be deleted appears in underline, material to be added is in bold typeface.

SECTION 2. Amendment to §305-134 C. (1) Topographic Data of Chapter 305 entitled “Zoning” of the Code of the Village of Tarrytown.

C. Topographic data:

(1) Existing contours with intervals of five feet or less two feet, referred to a datum satisfactory to the Board. Where the variations in elevation above or below the average level of the street in front of the property exceed 10 feet, or where any slope exceeds 25%, the application shall be accompanied by a map showing the contours at two-foot intervals, certified to by a licensed surveyor and showing the relation of the structure thereto and the safe and adequate access thereto.

(2) The location of existing watercourses, marshes, wooded areas, rock outcrops, single trees with a diameter of eight inches or more measured three feet above the base of the trunk and other significant existing features.

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.

BY ORDER OF THE BOARD OF TRUSTEES

OF THE VILLAGE OF TARRYTOWN

Trustee Basher 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 hearing be closed.

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

WHEREAS, the Board of Trustees does hereby amend the Code of the Village of Tarrytown, Section 305, Zoning, Section 305-134C. Application; Contents; Topographic data for the purpose that applications to the Planning Board include a map showing areas of slope exceeding 25% at two-foot intervals; and

WHEREAS, a public hearing was held for the proposed action on September 7, 2010 and September 20, 2010; and

WHEREAS, a notice of public hearing was published in the Journal News on August 19, 2010; 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 2010.

CONTINUATION OF A PUBLIC HEARING – CHAPTER 297, WATER (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of September, 2010, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendments to Chapter 297 entitled “Water” of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend §297-11 Payment of water rents and § 297-12 Unpaid water rents to become liens of Chapter 297 entitled "Water” of the Code of the Village of Tarrytown.

SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.

A. Findings of Fact.

The Board of Trustees of the Village of Tarrytown has determined that there are consistently water consumers who do not make payment on their water bills and allow the payment thereof to be placed on the Village taxes, thereby impacting upon the cash flow of the Village’s water fund. The amendments to the Chapter are designed to prompt payment of water bills to the Village.

B. Legislative Intent.

It is the intent of the Board of Trustees of the Village of Tarrytown to amend the language of §297 entitled "Water” of the Code of the Village of Tarrytown by making the penalties for non-payment of water bills cumulative and adding a fee for placing the water arrears on the property taxes.

Material to be deleted appears in parenthesis ( ), material to be added is in bold typeface.

SECTION 2. Amendment to §~297-11 Payment of water rents of Chapter 297 entitled “Water” of the Code of the Village of Tarrytown.

§ 297-11. Payment of water rents.

D. All amounts due for water rentals will be received within 30 days, beginning with the date on which such water rentals became due and payable. If payment is made after 30 days, 10% will be added. Should payment not be made upon the issuance of the future bills for water rentals, 10% shall be added to the bill on both the outstanding balance and the penalty and this 10% additional payment shall continue to accrue until the bill is either paid or placed on the property tax bill pursuant to 297-12 hereinbelow.

SECTION 3. Amendment to § 297-12 Unpaid water rents to become liens of Chapter 297 entitled “Water” of the Code of the Village of Tarrytown.

D. Should the Board of Trustees act to include such amounts in the annual tax levy, a fee equal to ten percent (10%) of the amount included in the annual tax levy shall be charged which shall be a separate fee due and owing to the Village and shall not be placed on a subsequent tax levy. Should the fee not be paid within the time frames established in Section 297-11.F., the Village shall shut off the water to the customer’s location.

SECTION 4. 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 Basher moved, seconded by Trustee Butler, and unanimously carried, that the hearing be opened.

Lori Semeraro, 205 Martling Avenue, stated that she would rather not have the unpaid water bills go onto someone’s taxes, but rather to continue sending them the bills and let the fees accumulate. She believes that for a larger development, it can be an incentive to be able to write it off on your taxes. Mayor Fixell stated that it is not deductable, permissible or legal under the IRS tax code.

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 be approved. Motion carried, all voting “aye” with the exception of Trustee Butler who voted “nay,” citing that as he understands the intent of the Board with respect to the large corporations within the Village, his concern lies with the residents who may be having a hard time paying their bills during these difficult economic times and don’t need an additional burden of another penalty. Approved: 6-1

WHEREAS, the Board of Trustees does hereby amend the Code of the Village of Tarrytown, Chapter 297, Water, 297-11 Payment of water rents to establish a penalty provision for non-payment of water bills that would be cumulative and establishing a fee should the water arrears be placed on the property taxes; and

WHEREAS, a public hearing was held for the proposed action on September 7, 2010 and September 20, 2010; and

WHEREAS, a notice of public hearing was published in the Journal News on August 19, 2010; 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:

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 10 of 2010.

CONTINUATION OF A PUBLIC HEARING - CHAPTER 273, TAXICABS AND LIVERIES (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of September, 2010, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendments to Chapter 273 entitled “Taxicabs and Liveries” of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend §273-2, §273-4, §273-7.1, §273-9 and §273-15 of Chapter 273 entitled "Taxicabs and Liveries” of the Code of the Village of Tarrytown.

SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.

A. Findings of Fact.

The Board of Trustees of the Village of Tarrytown has determined that an internal inconsistency exists throughout §273 entitled "Taxicabs and Liveries” which would be eliminated by making the licensing official for the issuance of taxicab and livery licenses all other responsibilities associated with licensing of taxicabs and liveries.

B. Legislative Intent.

It is the intent of the Board of Trustees of the Village of Tarrytown to clarify the language of §273 entitled "Taxicabs and Liveries” of the Code of the Village of Tarrytown by making the licensing official the same official in the law that addresses all other licensing related items in the Chapter.

Material to be deleted appears in parenthesis ( ), material to be added is in bold typeface.

SECTION 2. Amendment to §~273-2. Taxicab/livery combination driver's license required of Chapter 273 entitled “Taxicabs and Liveries” of the Code of the Village of Tarrytown.

No person shall drive a taxi which picks up passengers within the Village limits and no owner of a taxi shall permit a driver thereof to pick up passengers within the Village limits without first said driver having procured a taxicab/livery combination driver's license from the Village Administrator (Mayor) and keeping the same in force and effect under the provisions of this chapter.

B. No person shall drive a livery which picks up or drops off passengers at the Metro North Commuter Railroad Station and no owner of a livery shall permit a driver thereof to pick up and/or drop off passengers at the Metro North Commuter Railroad Station without first having procured a taxi/livery combination driver's license from the Village Administrator (Mayor) and keeping the same in force and effect under the terms of this chapter.

SECTION 3. Amendment to §~273-4. Application for a taxicab/livery combination driver's license of Chapter 273 entitled “Taxicabs and Liveries” of the Code of the Village of Tarrytown.

B. False statements.

(2) Any false statements by the applicant for a taxicab/livery combination driver's license shall be promptly reported by the licensing official to the Chief of Police (Village Attorney) for the Village of Tarrytown. The licensing official is hereby authorized and empowered to require such additional information as he/she may deem necessary.

SECTION 4. Amendment to §~273-7.1. Suspension or revocation of licenses of Chapter 273 entitled “Taxicabs and Liveries” of the Code of the Village of Tarrytown.

A. Upon a finding of just cause, the Chief of Police or his designee (Committee) may recommend to the Village Administrator (Mayor) the suspension of a taxicab license or livery license or a taxicab/livery combination driver's license, and upon such recommendation the Village Administrator (Mayor) , if satisfied that there is cause to believe that the licensee has violated any provision of this chapter or of any state or federal law or regulation, may suspend or revoke the license pursuant to Chapter 209, Licensing, of this Code.

B. The decision of the Village Administrator to suspend or revoke a license may be appealed to the Police Committee within thirty (30) days of the suspension or revocation. Should the Village Administrator be a member of the Police Committee, he/she shall not hear the appeal. The Village Clerk shall serve on the Police Committee, in the absence of the Village Administrator, for the purpose of hearing and deciding upon the appeal.

SECTION 5. Amendment to §~273-9 Inspection of vehicles prior to licensing of Chapter 273 entitled “Taxicabs and Liveries” of the Code of the Village of Tarrytown.

E. The Village Administrator (Mayor) shall refuse a license to or, if already issued, shall revoke or suspend the license of any vehicle certified to be unfit or unsuited for public patronage.

G. The Police Chief shall make or have made by his designee (deputy) from time to time, as may be directed by the Police Committee, further inspections and examinations of taxicabs and liveries licensed hereunder to determine that they are kept in a condition of continued fitness for public use. Certificates, in writing, of all such inspections shall be promptly made to the Village Clerk and reported by him to the Village Administrator (Mayor).

SECTION 6. Amendment to §~273-15 Penalties for offenses; suspension or revocation of license of Chapter 273 entitled “Taxicabs and Liveries” of the Code of the Village of Tarrytown.

Any person not having been duly licensed as a taxicab/livery combination driver or any person whose license as such driver has been revoked or any person whose license has been suspended and who, during the term of suspension, drives for hire a taxicab or livery upon the Village's streets shall, upon conviction, be punishable by a fine of not less than $250 and of not more than $1,000 or imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The Village Administrator (Mayor) shall also have the right to suspend or revoke a license if the vehicle shall be certified by the Police Chief to be in unsafe condition or to be unclean, unsanitary or unfit. A license, when so suspended or revoked, shall not be reissued until the vehicle shall be put in fit condition for use by the public. [Amended 6-18-2001 by L.L. No. 5-2001]

E. Suspension and revocation of license. In addition to the fine or imprisonment, or both, authorized by this chapter, any licensee shall be subject to the suspension or revocation of his/her license upon conviction for any violation of this chapter. The Village Administrator (Mayor) may suspend or revoke a license granted under any provision of this chapter, pending or in advance of criminal prosecution of the licensee.

SECTION 7. 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 Basher moved, seconded by Trustee McGovern, 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 McGee, and unanimously carried, that the hearing be closed.

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

WHEREAS, Board of Trustees does hereby amend the Code of the Village of Tarrytown, Chapter 273, Taxicabs and Liveries to replace the responsibilities of the Mayor in the law with the Village Administrator with the exception of the Mayor’s participation in the Police Committee; and

WHEREAS, a public hearing was held for the proposed action on September 7, 2010 and September 20, 2010; and

WHEREAS, a notice of public hearing was published in the Journal News on August 19, 2010; and

THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 11 of 2010.

CONTINUATION OF A PUBLIC HEARING - CHAPTER 225, PEDDLING AND SOLICITING (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of September, 2010, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendments to Chapter 225 entitled “Peddling and Soliciting” of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend §225-3 Exceptions and § 225-18 Restrictions of Chapter 225 entitled "Peddling and Soliciting” of the Code of the Village of Tarrytown.

SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.

Findings of Fact.

The Board of Trustees of the Village of Tarrytown has determined that there are questions regarding the intent of certain sections of the Chapter as well as enforcement issues that need to be addressed through an amendment to the Chapter. The amendment is designed to eliminate any questions regarding how the law is to be applied and enforced.

B. Legislative Intent.

It is the intent of the Board of Trustees of the Village of Tarrytown to amend the language of §225 entitled "Peddlers and Solicitors” of the Code of the Village of Tarrytown by clarifying which sections of the chapter honorably discharged members of the armed forces are subject to and to make clear the locations in the Village where peddlers and solicitors may and may not peddle and solicit.

Material to be deleted appears in parenthesis ( ), material to be added is in bold typeface.

SECTION 2. Amendment to §~225-3 Exceptions of Chapter 225 entitled “Peddlers and Solicitors” of the Code of the Village of Tarrytown.

Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the village where there are employees for soliciting orders from customers and delivering the same; to farmers and persons who produce such commodities; (to any honorably discharged member of the United States Armed Forces who has procured a license as provided by the General Business Law of the State of New York;) or to persons soliciting or collecting for any bona fide charitable organization having a permanent office within a radius of 50 miles of the Village of Tarrytown. All persons named above shall be subject to restrictions hereinafter delineated in §§~225-7, 225-8, 225-9, 225-10 and 225-16. (to) Any honorably discharged member of the United States Armed Forces who has procured a license as provided by the General Business Law of the State of New York shall not have to comply with the provisions of Sections 4, 5 or 6 and any fees associated with obtaining a certificate, provided a copy of a valid licensed so issued is provided to the Village Clerk.

SECTION 3. Amendment to §~225-18 Restrictions of Chapter 225 entitled “Peddlers and Solicitors” of the Code of the Village of Tarrytown.

D. Not stand or permit the vehicle used by him to stand at any of the following locations:

Broadway – between Wildey Street and Franklin Street

Main Street – between Broadway and Cortlandt Street/Depot Plaza

Neperan Road – between Broadway and Grove Street

Any Village parking lot

Any Village park, subject to the following exceptions:

During organized activities under the direction or sponsorship of the Recreation Department where prior permission has been granted by the Village.

During organized activities under the direction or sponsorship of the Village where prior permission has been granted by the Village.

During other scheduled events where the sponsor of the event has given written permission and a copy has been provided to the Village Clerk

E. Not stand or permit the vehicle used by him to stand in any one place in any public place, street or on a private lot adjacent to a public street for more than two hours. For the purposes of this Chapter, the vehicle must be moved out of the area (at least one-quarter mile) where the vehicle has been located for peddling and/or soliciting.

F. Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or in an open lot adjacent to a street or public way for the purpose of selling or exposing for sale any goods, wares or merchandise.

SECTION 4. 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 McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the hearing be opened.

Lori Semeraro, 205 Martlling Avenue, asked about peddlers/solicitors having background checks and fingerprinting. Administrator Blau stated that this legislation does not speak to that part of the law. The Administrator will ask the Chief of Police and will take the information to the Board.

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

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

WHEREAS, the Board of Trustees does hereby amend the Code of the Village of Tarrytown,

Chapter 225, Peddling and Soliciting to amend Section 225-3 Exceptions, Section 225-5 Application for Certificate, Section 225-6 Revocation of Certificate and Section 225-18. Restrictions within the Code, to clarify which sections of the chapter honorably discharged members of the armed forces are subject to and to make clear the locations in the Village where peddlers and solicitors may and may not peddle and solicit; and

WHEREAS, a public hearing was held for the proposed action on September 7, 2010 and September 20, 2010; and

WHEREAS, a notice of public hearing was published in the Journal News on August 19, 2010; 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:

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 12 of 2010.

CONTINUATION OF A PUBLIC HEARING - CHAPTER 221, PARKS AND RECREATION AREAS (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of September, 2010, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendments to Chapter 221 entitled “Parks and Recreation Areas” of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend Chapter 221 entitled "Parks and Recreation Areas” of the Code of the Village of Tarrytown.

SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.

A. Findings of Fact.

The Board of Trustees of the Village of Tarrytown has determined that an internal inconsistency exists in the current language of Chapter 221 entitled "Parks and Recreation Areas” of the Code of the Village of Tarrytown which would be eliminated by amending the Chapter to provide for the same language regarding hours of operation of the parks and recreation areas.

B. Legislative Intent.

It is the intent of the Board of Trustees of the Village of Tarrytown to clarify the language of Chapter 221 entitled "Parks and Recreation Areas” of the Code of the Village of Tarrytown by providing new language regarding when Village parks and recreation areas shall be open and utilizing the same times for all parks and recreation areas.

Material to be deleted appears in [parenthesis], material to be added is in bold typeface.

SECTION 2. Amendment to §~221-1 Hours Patriots Park closed to public; exceptions of Chapter 221 entitled “Parks and Recreation Areas” of the Code of the Village of Tarrytown.

Patriots Park shall be open (closed) to the public every day between ½ hour before sunrise and ½ hour after sunset (between 1/2 hour after sunset of any day and 8:00 a.m.) except for organized activities under the direction or sponsorship of the Recreation Department or activities approved in advance by the Board of Trustees.

SECTION 3. Amendment to §221-2 Hours Lagana Field closed to public; exceptions

of Chapter 221 entitled “Parks and Recreation Areas” of the Code of the Village of Tarrytown.

Lagana Field shall be open (closed) to the public every day between ½ hour before sunrise and ½ hour after sunset (between 1/2 hour after sunset of any day and 8:00 a.m.) except for organized activities under the direction or sponsorship of the Recreation Department or activities approved in advance by the Board of Trustees.

SECTION 4. Amendment to §~221-3 Hours Pierson Park and Losee Park closed to public; exceptions of Chapter 221 entitled “Parks and Recreation Areas” of the Code of the Village of Tarrytown.

Pierson Park and Losee Park shall be open (closed) to the public every day between ½ hour before sunrise and ½ hour after sunset (between 1/2 hour after sunset of any day and 8:00 a.m.) except for organized activities under the direction or sponsorship of the Recreation Department or activities approved in advance by the Board of Trustees.

SECTION 5. Amendment to §~221-3.1 Hours Sarah Michaels Park closed to public; exceptions of the Code of the Village of Tarrytown.

Sarah Michaels Park shall be open (closed) to the public every day between ½ hour before sunrise and ½ hour after sunset (between 1/2 hour after sunset of any day and 8:00 a.m.) except for organized activities under the direction or sponsorship of the Recreation Department or activities approved in advance by the Board of Trustees.

SECTION 6. Amendment to §~221-3.2 Hours Neperan (Road) Park closed to public; exceptions of the Code of the Village of Tarrytown.

Neperan (Road) Park shall be open to the public every day between ½ hour before sunrise and ½ hour after sunset (closed to the public every day between sunset and sunrise) except when open for organized activities under the direction or sponsorship of the Recreation Department or activities approved in advance by the Board of Trustees.

SECTION 7. Amendment to §~221-3.3. Hours Gracemere Park closed to public; exceptions of the Code of the Village of Tarrytown.

Gracemere Park shall be open to the public every day between ½ hour before sunrise and ½ hour after sunset except when open for organized activities under the direction or sponsorship of the Recreation Department or activities approved in advance by the Board of Trustees.

SECTION 8. Amendment to §~221-4 Entering closed parks unlawful of Chapter 221 entitled “Parks and Recreation Areas” of the Code of the Village of Tarrytown.

No person shall enter, remain in, be found in or traverse Pierson Park, Losee Park, Patriot's Park, Neperan Park, Gracemere Park or Lagana Field during the hours when said parks are closed to the public as provided in this chapter.

SECTION 9. 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 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 McGee moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be closed.

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

WHEREAS, the Board of Trustees does hereby amend the Code of the Village of Tarrytown, Chapter 221, Parks and Recreation Areas to provide new language regarding when Village parks and recreation areas shall be open and utilizing the same times for all parks and recreation areas in the Village; and

WHEREAS, a public hearing was held for the proposed action on September 7, 2010 and September 20, 2010; and

WHEREAS, a notice of public hearing was published in the Journal News on August 19, 2010; 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:

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 13 of 2010.

CONTINUATION OF A PUBLIC HEARING - CHAPTER 125, DOGS AND OTHER ANIMALS (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of September, 2010, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendments to Chapter 125 entitled “Dogs and Other Animals” of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend Chapter 125, “Dogs and Other Animals” of the Code of the Village of Tarrytown.

SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.

A. Findings of Fact.

The Board of Trustees of the Village of Tarrytown has determined that there no longer exists a reason to prohibit dogs from certain parks in the Village of Tarrytown.

B. Legislative Intent.

It is the intent of the Board of Trustees of the Village of Tarrytown to delete from the Chapter the language prohibiting dogs from certain parks in the Village of Tarrytown.

Material to be deleted appears in (parenthesis), material to be added is in bold typeface.

SECTION 2. Amendment to §125-2 Restrictions of Chapter 125 entitled “Dogs and Other Animals” of the Code of the Village of Tarrytown.

(H. No owner or possessor of a dog or domestic animal shall permit such dog or domestic animal to be in any park or other recreational property or facility owned or operated by the Village of Tarrytown, with the exception of the Tarrytown Lakes, Patriots Park and Pierson Park. Seeing Eye dogs and dogs for the hearing-impaired shall be exempt from the provisions of this subsection.)

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

WHEREAS, the Board of Trustees does hereby amend the Code of the Village of Tarrytown, Chapter 125, Dogs and Other Animals, Section 125-2 Restrictions to eliminate the language prohibiting dogs from certain Village parks; and

WHEREAS, a public hearing was held for the proposed action on September 7, 2010 and September 20, 2010; and

WHEREAS, a notice of public hearing was published in the Journal News on August 19, 2010; 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:

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 14 of 2010.

PUBLIC HEARING - CHAPTER 125, DOGS AND OTHER ANIMALS (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 20th day of September, 2010, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to§125-2. Restrictions of Chapter 125 entitled "Dogs and other Animals of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend §125-2 Restrictions of Chapter 125 entitled "Dogs and other Animals of the Code of the Village of Tarrytown.

SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.

Findings of Fact.

The Board of Trustees of the Village of Tarrytown has determined that an internal inconsistency exists in the current language of §125-2 Restrictions of Chapter 125 entitled "Dogs and other Animals” of the Code of the Village of Tarrytown which would be eliminated with the removal of the term “domestic animal” in specific sections of the Chapter.

B. Legislative Intent.

It is the intent of the Board of Trustees of the Village of Tarrytown to clarify the language of §125-2 Restrictions of Chapter 125 entitled "Dogs and other Animals” of the Code of the Village of Tarrytown by removing the term “domestic animal” in specific sections of the Chapter and to eliminate other inconsistencies between this Chapter and other Chapters and the Master Fee Schedule.

Material to be deleted appears in [parenthesis], material to be added is in bold typeface.

SECTION 2. Amendment to §125-2 C. Restrictions of Chapter 125 entitled "Dogs and other Animals of the Code of the Village of Tarrytown.

§125-2 C. Restrictions

A. No owner or possessor of a dog [or domestic animal] shall permit such dog [or domestic animal] to be at large in the Village of Tarrytown or to chase or attack any person peacefully conducting himself in any place where such person may lawfully be or to chase or attack any dog, cat or domestic animal while such animal is in any place it may lawfully be, except as provided in Subsection C hereinbelow.

C. The owner, possessor or custodian of a dog shall control and restrain such dog by a chain or leash not exceeding eight feet in length, except when such dog is on residential premises with the knowledge and permission of the owner of the premises or when such dog is on nonresidential premises during hours when such property is closed to the public with the knowledge and permission of the owner of the premises. Furthermore, the owner, possessor or custodian of any dog maintained within the Village of Tarrytown shall obtain a dog license from the Village Clerk for an annual fee [of $5. This fee] which shall [also] be reflected in the Master Fee Schedule of the Village of Tarrytown. The willful failure to obtain a dog license shall be subject to the penalties provided in §~125-3 of this chapter.

D. No owner or possessor of a dog [or domestic animal] shall suffer or permit it to soil, defile or commit any nuisance on any commonfare, sidewalk, passageway, bypath, play area, park or any place where the public congregates or walks or upon any lawn, shrubbery or tree on any private property not belonging to the owner or custodian of said dog [or domestic animal]. The owner or possessor of a dog [or domestic animal] that permits the dog to soil, defile or commit any nuisance on that portion of the property lying between the street and the sidewalk (curbing of the dog) shall be responsible to clean up, on an immediate basis, said defilement or nuisance (fecal matter).

E. No owner or possessor shall permit the premises, structure or enclosure in which a dog [,] or household pet [or domestic animal] is kept to be so unclean or unsanitary as to create a public nuisance.

F. No person shall cause or permit one or more dogs [or domestic animals] owned, controlled or possessed by him to enter or remain upon premises owned by another without license or privilege to do so.

G. No person owning or possessing any [domestic animal or] household pet shall suffer or allow it to disturb the comfort, peace or repose of persons in the vicinity by long, continued, frequent or repetitive noise.

[H. No owner or possessor of a dog or domestic animal shall permit such dog or domestic animal to be in any park or other recreational property or facility owned or operated by the Village of Tarrytown, with the exception of the Tarrytown Lakes, Patriots Park and Pierson Park. Seeing Eye dogs and dogs for the hearing-impaired shall be exempt from the provisions of this subsection.]

H. [I.] An owner or possessor of pigeons (including homing or racing pigeons), at the time of the enactment of this amendment, shall be permitted to maintain the pigeons in the current place of confinement. The owner or possessor of [It] shall not be permitted to increase or add to the number of pigeons currently maintained.

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 McGee 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 hearing be closed.

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

WHEREAS, the Board of Trustees does hereby amend the Code of the Village of Tarrytown,

Chapter 125, Dogs and Other Animals, Section 125-2 Restrictions by removing the term “domestic animal” in the Chapter and to eliminate other inconsistencies between this Chapter and the Master Fee Schedule.

WHEREAS, a public hearing was held for the proposed action on September 20, 2010; and

WHEREAS, a notice of public hearing was published in the Journal News on September 11, 2010; 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:

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 15 of 2010.

PUBLIC HEARING –CHAPTER 205, LANDSCAPING (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 20th day of September, 2010, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to of Chapter 205 entitled "Landscaping”, §205-3.1, Seasonal ban on gas-powered leaf and garden blowers of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend §205.3.1 of the Code of the Village of Tarrytown.

SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.

A. Findings of Fact.

The Board of Trustees of the Village of Tarrytown has determined that the current language of §205-3.1, “Seasonal ban on gas-powered leaf and garden blowers” of Chapter 205, Landscaping, does not address all of the needs of the residents as noted in the original findings of fact relating to the health effects of such gasoline powered leaf blowers due to the noise generated by the leaf blowers. The proposed language is designed to address those effects and still enable the owner or resident of a one to three family residence to utilize such leaf blowers.

B. Legislative Intent.

The intent of this amendment is to expand the gasoline leaf and garden blowers seasonal ban to all properties in the Village, with the exception of specific property owners or renters listed in the amendment.

Chapter 205, LANDSCAPING

Items to be deleted are in parenthesis ( ) and items to be added are in bold typeface.

§ 205-3.1. Seasonal ban on gas-powered leaf and garden blowers.

A. The operation of a gasoline-powered leaf and garden blower by any (green industry contractor or employee of a green industry contractor subject to registration under this article) is prohibited from June 15 through September 15 of each year and on Saturdays, Sundays and holidays during the period September 16 through June 14 each year. Person(s) who own or rent a one to three family home, who are using the gasoline powered leaf and garden blowers at the home where they reside are exempt from the provisions of this Section. During times of emergency caused by a storm, the Village Engineer may declare a temporary moratorium on the operations of this provision.

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

Trustee McGovern asked if you know or see someone using a gas-powered leaf blower during the summer months, what should you do. Administrator Blau stated that you should call the police department.

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

WHEREAS, the Board of Trustees does hereby amend the Code of the Village of Tarrytown, Chapter 205, Landscaping, Section 205-3.1 Seasonal ban on gas-powered leaf blowers to clarify language that the use of Gasoline-powered leaf and garden blowers during the period of June 15 through September 15 would not be permissible by anyone other than residents and homeowners at their residence.

WHEREAS, a public hearing was held for the proposed action on September 20, 2010; and

WHEREAS, a notice of public hearing was published in the Journal News on September 11, 2010; 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:

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 16 of 2010.

APPROVAL TO AMEND THE MASTER FEE SCHEDULE FOR PEDDLERS AND SOLICITORS FEES

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 hereby amends the Master Fee Schedule for the Village of Tarrytown pertaining to Peddlers and Solicitors as follows:

Annual Resident - $150.00

Annual Non-Resident - $250.00

Semi-Annual Resident - $100.00

Semi-Annual Non-Resident - $200.00

BID AWARD FOR CLEANING SERVICES

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

WHEREAS, the Village issued a bid for Cleaning Services for Village Hall/Police Department, the old Police Headquarters and semi-annual cleaning services for the Library; and

WHEREAS, on August 30, 2010, four sealed bids were received and opened; and

WHEREAS, the results of the bid are as follows:

Company Name Bid Amount Library Bid Amount

CFM Services Corp. $2,850/month $1,150/year

Total: $35,350/Yr

Belo Cleaning Services, Inc. $3,250/month $1,200/year

Total: $40,200/Yr

Guardian Services Industries $3,502.24/month $600/year

Total: $42,628/Yr

Y.E.S. Enterprises, Inc. $3,050/month $1,040/year

Total: $37,640/Yr.

WHEREAS, after review of the bids by the Village Administrator and staff including references, it is a recommendation of staff that the bid be awarded to the lowest responsible bidder, CFM Services Corp. of Moriches, New York.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby awards the bid for cleaning services for Village Hall/Police Department, the old Police Headquarters and the Library to CFM Services

Corp. per their bid of $2,850 per month for the Village Hall/Police Department and the old Police Headquarters and $1,150 per year for the Library and directs the Village Administrator to execute an agreement with CFM Services Corp.

BID AWARD FOR A MULTI-TASK 11’ STAINLESS STEEL, CROSS-MEMBERLESS, REAR DISCHARGE BODY REPLACEMENT (HIGHWAY TRUCK #2 SPREADER BODY REPLACEMENT)

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

WHEREAS, the Village issued a bid for a Multi-Task 11’ Stainless Steel, Cross-Memberless, Rear Discharge Body Replacement (Highway Truck #2 Spreader Body Replacement); and

WHEREAS, on August 27, 2010, three bids were received and opened; and WHEREAS, the results of the bid are as follows:

Contractor Bid Amount

Trius Inc. $37,933.00

Bohemia, NY

Henderson Truck Equipment $38,969.40

Manchester IA

Amthor Welding $51,325.00

Gardiner, NY

WHEREAS, the bid submitted from Trius Inc. is hereby deemed non-responsive to the bid due to the fact that the bid did not include Twin 75 Gallon Poly Pre-Wet Tanks as included in the bid specification; and

WHEREAS, after review of the bids by the Village Engineer, General Foreman and Lead Maintenance Mechanic, it is recommended that the bid be awarded to the lowest responsible bidder, Henderson Truck Equipment of Manchester,

Iowa, and

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby awards the bid for a Multi-Task 11’ Stainless Steel, Cross-Memberless, Rear Discharge Body Replacement to Henderson Truck

Equipment per their bid of $38,969.40 and directs the Village Administrator to execute a contract associated with this bid award.

BID AWARD FOR A 14 FOOT DUMP BODY (STEEL) CROSS-MEMBERLESS REPLACEMENT (GARBAGE TRUCK BODY REPLACEMENT)

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

WHEREAS, the Village issued a bid for a 14 Foot Dump Body (Steel) Cross-Memberless Replacement for placement on a truck cab and chassis previously utilized as a garbage truck; and

WHEREAS, on August 27, 2010, the four sealed bids were received and opened; and

WHEREAS, the results of the bid are as follows:

Contractor Bid Amount

Riverview Industries, Inc. $24,995.00

Cold Springs, NY

Amthor Welding $25,160.00

Gardiner, NY

Trius Inc. $29,556.00

Bohemia, NY

Henderson Truck Equipment $31,685.85

Manchester, IA

New York; and

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby awards the bid for a 14 Foot Dump Body (Steel) Cross-Memberless Replacement to Riverview Industries, Inc., per their bid

$24,995.00 and directs the Village Administrator to execute a contract associated with this bid award.

POLICY STATEMENT – ELECTRONIC COMMUNICATIONS AND USE OF THE INTERNET

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

WHEREAS, the Village of Tarrytown provides Village staff computers for operational purposes; and

WHEREAS, the computers are designed to improve Village operations by increasing the efficiency and effectiveness of staff; and

WHEREAS, the Board of Trustees believes that it is necessary to establish a policy to promote the use of electronic communications by staff to enhance productivity b ensuring that internal and external electronic communications by staff of the Village of Tarrytown are used in an appropriate manner to facilitate contact between staff and other business and governmental organizations and to facilitate the official work of the Village of Tarrytown; and

WHEREAS, the Board of Trustees believes that the Internet and other on-line external services are a valuable resource tool for Village staff and the Village encourages staff to use these tools to enhance productivity and effectiveness.

NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby establish the following policy relating to electronic communications and the use of the Internet by staff.

Employment Policy – Electronic Communications and Use of the Internet

E-Mail

Usage Guidelines

When the Village grants a staff member an e-mail account it is the responsibility of the staff member to adhere to Village guidelines. All e-mail users shall not:

Not use e-mail as an immediate means of communications since e-mail may be delayed minutes, hours or days. If a communication is time sensitive, employees should use the telephone or fax.
Not send messages that are threatening, obscene, insulting, abusive or derogatory.
Not send messages which include remarks that constitute harassment.
Not send messages which involve personal sales or solicitation, which are associated with any outside business activity or which could potentially embarrass the village of Tarrytown.
Not include in e-mail any message that should be kept private and confidential.
Not use e-mail for illegal or unethical activities.
Not unnecessarily send very large files, or inappropriately send messages to a large number of recipients, acts which unnecessarily consume network resources that are intended for use for Village business.
Not enable macros on a Microsoft Office document.

All e-mail users shall:

Be courteous and follow accepted standards of etiquette.
Print paper copies of e-mails which contain information that will be of value to the operation of the department and/or the Village and file such copies in the appropriate departmental file.

Security guidelines

E-mail messages are not personal and private.
Any e-mail message sent or received in conjunction with Village business may be releasable to the public under the Freedom of Information Law.
E-mail users must take all reasonable precautions to prevent the use of their account by unauthorized individuals.
E-mail users are prohibited from accessing another user's e-mail without his or her permission, with the exception of the Village Administrator or Village Attorney.

Village Rights

The Village reserves the right to access and/or disclose contents of e-mail messages when necessary for any reason including, but not limited to the following:
The need to access information when an employee is absent for an extended period of time.
To diagnose and resolve technical problems.
To investigate possible misuse of e-mail.
When investigating suspected breeches of security or violation of Village policies.

Use of the Internet

Usage guidelines

Use of the Internet should be for business, professional or informational use only. All Internet users must:

Respect the legal protection provided to programs and data by copyright and license.
Not download any file that the user suspects or should reasonably suspect would present a threat to any Village of Tarrytown hardware or software.
Download files only from trusted sources.
Protect data from unauthorized use or disclosure.
Not use the internet facilities for any illegal or unethical purpose.
Not use the internet facilities to transmit threatening, obscene or harassing materials or correspondence.
Not use the internet facilities to download or view material others may reasonably find offensive, such as adult oriented material.
Not use the internet facilities for unauthorized distribution of Village data and information.
Not use the internet facilities for private marketing or business transactions.
Not use the internet facilities for private advertising of products or services.
Not use the internet facilities for solicitation for religious and political causes.
Not use the internet facilities for unauthorized not-for-profit business activities.
Not enable any macro on a Microsoft Office document.
Obtain a supervisor's approval prior to using the~internet facilities to perform ordinary personal tasks, which may only be performed~during one's personal time.~ Examples include, but are not limited to on-line banking, online shopping and online bill paying.
This guideline does not supersede any preceding guideline.~

Security guidelines

Use of the Internet is not private.
Resources of any kind for which there is a fee must not be accessed or downloaded without prior approval.

Village Rights

The Village reserves the right to log network use and monitor file server space utilization by users.
The Village reserves the right to remove a user account from the network.

POLICY STATEMENT – COMPUTER USE

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

WHEREAS, the Village of Tarrytown provides Village staff computers for operational purposes; and

WHEREAS, the computers are designed to improve Village operations by increasing the efficiency and effectiveness of staff; and

WHEREAS, the Board of Trustees believes that it is necessary to establish a policy to promote the use of technology by employees to enhance productivity by ensuring that computer use among employees of the Village of

Tarrytown is consistent with Village policies and all applicable laws, by specifying the responsibilities of individual users and establishing basic guidelines for appropriate use; and

WHEREAS, the Board of Trustees believes that the computers are a valuable resource tool for Village staff and the Village encourages staff to use these tools to enhance productivity, efficiency and effectiveness.

NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby establish the following policy relating to computer use by staff.

Employment Policy for Computer Use

All computer programs and data in the Village’s central computer systems and in individual personal computers exist for the sole use of the Village.
Employees have responsibility for correct operations, security, and maintenance of Village computers and data.
Employees shall not disable any protective software (e.g. Anti-virus) which has been installed on Village computers by the Village or the Village’s Information Technology consultant.
Should a computer become infected with a virus, worm, adware, spyware or any other malicious software, the computer shall be immediately removed from the Village’s network.
Software may be loaded onto Village computers only if (1) it is licensed by the Village or (2) it is licensed by the user of the computer and has been registered with the Village.
Employees will not make unauthorized copies of Village owned software. Software that is licensed for use on one computer may not be copied for another employee or for any outside third party. If you need to use Village software at home, you are responsible for determining if the software license permits use on another computer. If you are not sure, contact the Village Treasurer who will contact the Village’s Information Technology consultant.
Unauthorized software from any outside source may not be loaded onto Village computers.
Users are responsible for ensuring that backups are made of data files critical to Village operations which exist on their personal computers. Users of a personal computer will implement security procedures in order to protect the Village’s interests in programs and data. Computers should not be left unattended in a state which affords inappropriate or unauthorized access to Village records.
Passwords that have been issued shall remain confidential.
The Village may at any time review or monitor use of Village computers. The Village Administrator or departmental administrators may delete unauthorized software or data files.
The Village is committed to standardizing software use, e.g., word processing, spreadsheets etc. Employees are strongly encouraged to use standard software. If deemed to be in the Village’s best interest, the Village will not support non-standard software.

PROCUREMENT POLICY MODIFICATIONS

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

WHEREAS, the Board of Trustees of the Village of Tarrytown adopted the Procurement Policy for the Village in 1991; and

WHEREAS, the Board of Trustees of the Village of Tarrytown reviews and approves the Procurement Policy annually as part of the Organizational Meeting; and

WHEREAS, the purpose of an official Procurement Policy is to clearly delineate for Village Staff and the public procedures for purchase contracts, which are single purchase items such as vehicles and equipment, and public works contracts, which are projects such as building construction, road resurfacing, etc.; and

WHEREAS, the dollar limits included in the Procurement Policy in 1991 were the dollar limits established by the State of New York for procurement purposes; and

WHEREAS, the Procurement Policy was amended on March 18, 2002 to mandate that sealed bids must be circulated to at least three prospective bidders; and

WHEREAS, the New York State legislature has adopted legislation, which has been signed into law by the Governor, increasing the competitive bidding limit, from $10,000 to $20,000, for purchase contracts and permits municipalities to require electronic bid submission for technology contracts.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees believes that increasing the threshold for purchase contracts, per New York State enabling legislation is in the best interest of the Village of Tarrytown; and

BE IT FURTHER RESOLVED that the following modifications to the Village of Tarrytown Procurement Policy are hereby approved:

Estimated Amount of Purchase Contract Method

$1,000 - $1,999 2 verbal quotations

$2,000 - $19,000 3 written/fax/electronic bid submission or Request for Proposal

$20,000 and above Subject to publicly advertised bid or

publicly advertised RFP. Must be circulated to at least 3 companies. Contract must be approved by Mayor and Board of Trustees.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON AUGUST 16, 2010

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 hereby approves the minutes of the regular meeting of the Board of Trustees held on August 16, 2010 as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON JULY 28, 2010

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 hereby approves the minutes of the special meeting of the Board of Trustees held on July 28, 2010 as submitted by the Village Administrator.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON AUGUST 4, 2010

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the special meeting of the Board of Trustees held on August 4, 2010 as submitted by the Village Administrator.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 7, 2010

Trustee Zollo moved, seconded by Trustee Basher, that the following be approved. Motion carried, all voting “aye” with the exception of Trustees Butler and 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 Trustees held on September 7, 2010 as submitted by the Village Clerk.

APPROVAL OF AUDITED VOUCHERS NO. 001014 THROUGH NO. 001182

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

BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 001014 through No. 001182 is hereby ordered paid in the following amounts as amended:

General $ 310,198.31

Water 150,497.21

Capital 17,405.00

Library 6,647.32

Trust & Agency 0.00______

Total $ 664,151.29

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 001144 and 001175. Motion carried. 7-0

ADJOURNMENT

Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the meeting be adjourned at 9:50 p.m.

Carol A. Booth

Village Clerk