Board of Trustees
Village of Tarrytown
Regular Meeting No. 17
October 4, 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 a few more days in honor and memory of Anthony Ruggiero Jr. and John Kelly.
REPORTS
Mayor Fixell stated that the Tarrytown Environmental Advisory Council and the Sleepy Hollow Environmental Advisory Council are teaming up to tackle pollution by hosting a joint village-wide clean up on Oct. 10th.
The Villages of Tarrytown and Sleepy Hollow are two of hundreds of communities across the world that will be doing their part on the 10th to raise awareness of environmental issues and foster a more sustainable way of life in our communities.
The event is part of 350.org's 10/10/10 Global Work Party, with emphasis on both the 'work' and 'party'. Volunteers will meet at the Warner Library at 10 a.m., and after three hours of cleaning both villages, they will join each other for a community picnic in Patriots Park (weather permitting).
Groups will fan out from the library and follow set paths to clean up some of the dirtiest parts of the village. All you need to participate is an interest in making your community a better place and the willingness to meet a few of your friendly neighbors.
Bring gloves, bright clothes and a positive attitude and be a part of this global movement that will make a noticeable local difference.
For more information contact David Bedell at 332-5051 or Carole Griffiths at 631-2911.
Trustee McGee stated that on October 16th and 17th, from 10 a.m. to 4 p.m., the Friends of the Warner Library will be holding their semi-annual book sale. Most of the proceeds from this go to sponsor the programming at the library. She hopes you come out to support the Friends of the Warner Library.
Trustee Hoyt stated that this Saturday, October 9th, there will be scarecrow making at Patriots Park between 10:30 a.m. and 1 p.m. For more information, you can contact the Recreation Department.
ADMINISTRATOR’S STATEMENT
Administrator Blau stated that in regard to the press conference conducted on Thursday after the tragic deaths of Anthony Ruggiero and John Kelly on Labor Day, he realized that the timing of the press conference was not opportune and some of his statements were hurtful. He apologized to the families and friends of Anthony and John and to all the people of Tarrytown. He stated that he was truly sorry.
MAYOR’S STATEMENT
Mayor Fixell also apologized for the timing of the press conference and for some of the statements that were made and the hurt that came as a result of that. It clearly was not something that we wanted to do. He speaks on behalf of the entire Board and is very sorry that it happened the way that it did and recognize every day that it was a mistake and these two men who died are heroes in our Village and they should be remembered as such.
VILLAGE ENGINEER’S STATEMENT
Village Engineer McGarvey stated that since the tragic accident, we have been working with the CSEA and have requested proposals from professional safety companies to provide training for the workers of the Department of Public Works. The RFP’s were received today. We are looking for a written program for confined space entry and to identify all of the permits required in confined space, manholes etc. Also, to provide training as required for fit test for the masks, personal protection equipment, work zone safety, flagging safety and trenching. We will be working in conjunction with the CSEA’s Safety Coordinator, who will be able to provide some of these services.
Trustee Zollo asked about confined space awareness training. Mr. McGarvey stated that all employees of the DPW and Recreation attended a two-hour training on confined space awareness today. Trustee Zollo asked how many of the employees will take the course on confined space entry. Mr. McGarvey stated that it will depend on their positions and that they will decide who will take the training based on what they do.
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
John Stiloski, 54 Walnut Street, stated the following:
- He thanked the Mayor for saying that he was sorry.
- He asked if the Fire Department was aware of confined space dangers. Administrator Blau stated that he spoke to Fire Chief Saracelli and that the Fire Chief contacted all of the Captains to inform them that all members of the fire department do not enter manholes.
- He asked if John Kelly had confined space training. Administrator Blau responded that he didn’t know.
- He asked if the Village has a confined space program. Administrator Blau responded that the Village has confined space training.
- He stated that he should be able to speak over five minutes because the Village does not have a resolution that states that. Village Attorney stated that the Village is researching for the resolution.
Steve Wilgermein, Tappan Manor, stated the following:
- He appreciated that the Mayor and Administrator said that they were sorry, but he also wanted to hear that the Administrator was resigning.
- He stated that if they knew the protocols, they would have completed a confined space entry permit and if trained, they would be alive today.
- He referred to a CSEA newspaper article that states “Deaths Demand Accountability” and another state-wide newspaper called “Fire News” article that states “Tarrytown Loss on Duty Deaths.”
- He stated that the Village needs to conduct an independent study through a consultant firm.
- He stated that the Board needs to create a task force with Village people and independent people and he again offered his services to conduct confined space awareness training.
Mayor Fixell stated that the Village Engineer has requested proposals from independent safety companies to both review all of our safety procedures and to provide training. This is an on-going effort with no attempt to end this
process and there are clearly things that have to be done. The Board agrees with you that there needs to be lessons learned, training that comes out of this and a tightening up of the process. An order went out to the DPW workers
that they will not go into any confined spaces and if there is a request for such an occurrence, an outside company would be brought in to do that. The Board will consider the idea of forming a task force.
Ty Milburn, News 12, asked the Board if John Kelly and Anthony Ruggiero had proper training. Village Engineer stated that in 2007, the workers of the Department of Public Works had an 8-hour confined space entry only. The
Fire Department did not take part of that training.
Mike Coffey, 100 McArthur Lane, stated that the following:
- He stated that confined space entry is not an 8-hour class. Confined space awareness as defined by the New York State Office of Fire Prevention Control is a 6 to 8 hours in a classroom; that’s what the DPW workers received. Confined space entry training is a 32 – 40 hour hands-on course.
- He asked if there will be any financial limitations for the proper training for the members of the Fire Department. The Mayor stated that he would certainly look favorably to fund safety training for the Fire Department.
- He also agrees to form a task force with public involvement, at minimum with Village staff. Mayor Fixell stated that the Board will look into that.
Lori Semeraro, 205 Martling Avenue, asked if the Village has begun a gap analysis of all departments.
Administrator Blau stated that at the last staff meeting, he asked all department heads to reach out to other communities to find out what policies they had in place governing the operation of their departments and then we will do an
analysis.
Pat Derivan, Franklin Courts stated the following:
- He thanked the Mayor and the Village Administrator for apologizing.
- He asked if the three DPW workers at the site that day had confined space training. Administrator Blau stated that in 2007, the DPW workers attended a course held by Confined Solutions, called “Permit Required Confined Space Entry”
- He asked if the Village owns all the proper equipment to enter a confined space. Village Engineer McGarvey stated that the Village does have the proper equipment.
- He asked why the equipment was not brought to the site that day.
Mayor Fixell stated that when the investigations are complete, we will get a detail accounting of exactly what happened on that day and we will then have the answers.
- Mr. Derivan stated that he likes that the Village is being proactive on safety issues right now and hopes that it will continue on a daily basis.
Village Engineer McGarvey stated that the Village is meeting monthly regarding safety with the CSEA Safety Coordinator and the local representative from the CSEA.
Lori Semeraro, 205 Martling Avenue, asked if we had any physical training on the equipment since it was purchased in 2007. Village Engineer McGarvey stated that he knows that some of the equipment has been used.
Steve Wilgermein, Tappan Manor, asked if the confined space training included use of equipment. Village Engineer McGarvey stated that the DPW workers took confined space entry training, an 8½ hour course by means of slides,
not use of physical equipment.
John Stiloski, 54 Walnut Street, stated the following:
- He stated that there is a safety handbook written by the State that includes all safety policies and procedures that we need to know. He suggested that the Village order them for all the DPW workers.
- He asked if the two Village electric cars have airbags. Mayor Fixell stated that they were purchased in conjunction with the state and that he didn’t know the regulations.
- He asked who ordered to remove the water coolers from the Police Department. Administrator Blau stated that the water coolers were removed and a water fountain was installed.
- He asked if it was fair, in this economy, that the Village Administrator received a $17,000 salary increase since he started in 2008 without policies and procedures in place. Mayor Fixell stated that he does believe he deserves it and the points that you have raised are not fair ones.
Carole Griffiths, 251 Martling Avenue, Chair of TEAC, stated the following:
- We had a very successful ECO Fair last Saturday and wanted to thank all the volunteers and vendors: the high school students from SPEAR (Students Promoting Environmental Awareness and Responsibility); sponsors: Alan Block Agency, Clover Comfort, Clothes Doctor, Home Depot, Sleepy Hollow and Tarrytown Chamber of Commerce and the Westchester Community Foundation.
- Our 10-10 event will also include a free movie at the Library and Alan Block Agency has purchased magnets with 10 tips for reducing climate change. These will be available to anyone who helps with the clean-up event.
- Tarrytown works well because people work together, because people volunteer and because they help each other. She stated that she knows we have just lost two valued members of our community and her heart goes out to their families. She believes as a community we should honor them; she is not sure what she has been hearing tonight is the best way to honor them. A way to honor them would be doing something really positive in their memory.
- She stated that she has worked with Michael Blau for several years. She thinks his compensation is in keeping with other Village Administrators in this County. He is very helpful and very responsive and she feels that he has done an excellent job.
Michael Krieger, 29 Sheldon Avenue, (showed the Board photos) stated that he was surprised to see the parking on Sheldon Avenue on the agenda tonight. He believes that the resolution is not strong enough for two reasons: 1)
the exception on Sunday; unfortunately, the situation is worse on Sunday due to the Church traffic, and 2) it is a much broader problem and should not be limited to just that street. He stated that driving on Sheldon Avenue toward
Walter Street is very dangerous and needs to be addressed. Mayor Fixell stated that Mr. Krieger brings up a good point about Sunday’s parking and that the Board will move forward with tonight’s resolution and revisit this and
welcomes Mr. Krieger’s ideas and input.
Alison Boldyrev, 63 Embree Street, stated the following:
- She agrees that the parking situation on Sheldon Avenue is very dangerous. She suggested that maybe the two empty adjacent lots can be used by either parking for the car dealership or the Church parking. Mayor Fixell stated that the larger lot is owned by Consolidated Engine Fire Company and the Village owns the smaller lot and stated that it is something that we can look into.
- She conveyed her condolences to all the families and friends for the loss of the two gentlemen that passed recently. She stated that there seems to be a barrier between the Trustees and the residents. She suggested that maybe a special meeting can be held to address their issues and concerns. They need to be heard and she feels that the Trustees are dismissing them. Trustee Butler stated that he appreciates exactly what Ms. Boldyrev’s said, but he is “not sitting here on a pedestal.” He stated that he is trying to understand the situation. He does not know the facts and until he knows the facts, he cannot comment. Ms. Boldyrev stated that’s how it appears on her side, whether it’s perceived or real. She asked if the Village Administrator can reach out to PESH
and see if there is someone that the residents can be in touch with to state their concerns and to be taken seriously. Administrator Blau stated that he would reach out to them.
John Stiloski, 59 Walnut Street, stated the following:
- The Board should just be concerned about safety after such a tragic loss. Purchasing safety vests and safety raingear and proper safety equipment should be a priority, especially, that the Village is now on notice.
Village Engineer McGarvey stated that all workers have class 2 vests and class 3 vests and raingear are on order and should be delivered very shortly.
- Mr. Stiloski asked if the Village owns a trench box.
Village Engineer McGarvey stated that we are getting prices to purchase a trench box; however, there are other methods to dig a trench.
Lori Semeraro, 205 Martling Avenue stated the following:
- She would like to know in the past two years, what sidewalks have been repaired. She cited two catch basins that need repair, one on Broadway and Tappan Landing Road and one near Martling Avenue. Mayor Fixell stated that Ms. Semeraro should let the Village know of these things as she sees them.
- She asked if letters were sent out to residents about pruning next to the sidewalks. Village Administrator Blau stated that the Transportation Council is pointing out locations and will provide us with the list.
- She asked for the update regarding the consultant from the Town of Greenburgh. Administrator Blau stated that we had a meeting and Mr. Malone is going to send me an email with a list of equipment he is proposing for Mike (our Videographer) to look over.
Skyler Whitehead, 21 S. Broadway, stated the following:
- She stated that when all of this is over, we need to use this investigation to be productive and to prevent this tragedy from happening again. She requests that when the residents offer suggestions about training or anything that could help prevent this from happening again that the Village look into it and listen to what they have to say.
- She suggested that the next time someone is speaking for the Mayor, he should know what they are going to say.
Chuck Behm, Private Investigator, Rockaway, NJ, asked who conducted the investigation concerning the allegations by Ms. Hopkins and what was the outcome. Village Attorney Shumejda stated that it is a pending litigation and he
would direct that the Board not respond to any statement tonight. The Village has a Sexual Harassment policy and it is spelled out what the procedure is in that policy. Mr. Bean asked in what stage the investigation is in. Attorney
Shumejda stated that the investigation was completed by the Village and now it is pending.
Bonnie Boyce, 27 Loh Avenue, stated the following:
- Her confidence in this Board has been shaken by this whole incident.
- Over the last several years, she has seen the lapse attitude of the DPW over safety.
- She stated that unfortunately, she feels that private citizens are held to a higher standard than the DPW. In the Spring of 2008, an uninspected recycling truck popped out of gear and ran over her lawn and hit a tree and the bridge on Loh Avenue. The Village cut down the tree and the bridge was repaired by a Village employee. She stated if you look at that bridge, it would never get approved by the Architectural Review Board.
- She has an ongoing problem with her water. Every year in September, she gets mud in her bathtub. She either gets no response or an unsatisfactory answer from the DPW.
- She would like a review of the entire DPW including policies, procedures and personnel.
Ray Touohy, 11 Storm Street, stated the following:
- He asked if it is legal to have an active manhole in a structure occupied by people.
Village Engineer McGarvey stated that the manhole Mr. Touohy is referring to inside Consolidated Engine Fire House is not a manhole. There is no access to the sewer below. It is completely lined from Sheldon Avenue to the new
manhole that was put outside the firehouse; sewer gases cannot escape and there is no access to the sewer.
- Mr. Touohy asked if it is an inactive manhole, why did the General Foreman have the fire truck moved that day to look inside the manhole.
Mayor Fixell stated that he didn’t know and that it would probably be part of the investigation.
Pat Derivan, Franklin Courts, (showed the Board photos) stated that manholes are dangerous and they explode.
Mike Coffey, 100 McArthur Lane, stated in addition to help account for what happened to our friends and co-workers, the Fire Department has held fundraisers, t-shirt sales, holding training and seminars, and fundraising dinners to
benefit the daughter’s college funds.
DOG LICENSING TRANSFERRED TO THE TOWN OF GREENBURGH
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, the Village of Tarrytown has been notified by the State of New York that as of January 1, 2011 the State of New York will no longer be responsible for the licensing of dogs; and
WHEREAS, the Village has been informed by the State of New York that the responsibility for the licensing of dogs will become, the responsibility of the Village as of January 1, 2011 and that this responsibility may be transferred by resolution by the Village to the Town of Greenburgh; and,
WHEREAS, the funds received for dog licensing may only be used for Dog Control, education and other dog related purposes and,
WHEREAS, the Town of Greenburgh already acts as the Village’s animal control warden; and,
WHEREAS, the Town of Greenburgh incorporates animal control services in the Town Wide Budget (A); and,
WHEREAS, pursuant to Section 109 of the Agriculture and Markets Law, Subdivision 1, Paragraph (b), as amended by Chapter 59 of the Laws of 2010, effective January 1, 2011,the Board of Trustees may by resolution transfer the responsibility for the licensing of dogs harbored within the Village to the Clerk of the Town of Greenburgh; and,
WHEREAS, the licensing of dogs throughout the State of New York, except for the Counties of Westchester and Nassau, is currently the responsibility of the Town Clerks, and
WHEREAS, the function of the Town Clerk in the Town of Greenburgh is incorporated in the Town Wide Budget (A); and
WHEREAS, the Village Board of Trustees believes it to be in the best interest of the Village of Tarrytown to transfer the licensing of dogs harbored within the Village to the Clerk of the Town of Greenburgh.
NOW THEREFORE, BE IT RESOLVED that the Village Board of Trustees hereby determines that applications for licenses for dogs harbored within the Village shall no longer be processed by the Village Clerk but shall be directed for application and processing thereof to the Clerk of the Town of Greenburgh pursuant to Section 109 of the Agriculture and Markets Law, Subdivision 1, Paragraph (b), as amended by Chapter 59 of the Laws of 2010, effective January 1, 2011.
NEW YORK STATE HEALTH INSURANCE PLAN (NYSHIP) COVERAGE FOR VOLUNTEER FIREFIGHTERS AND AMBULANCE WORKERS (tabled)
Trustee Butler moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be tabled: (No Vote)
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes the Village of Tarrytown to provide New York State Health Insurance Plan coverage to volunteer firefighters and volunteer ambulance workers serving in the Tarrytown Volunteer Fire Department and the Tarrytown Volunteer Ambulance Corps.
PARKING AMENDMENT –SHELDON AVENUE
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Village of Tarrytown hereby amends the Village Code to prohibit parking in a specific area of Sheldon Avenue except on Sundays during certain hours.
All new material is set forth in CAPITAL letters.
Section 291-80. Schedule XV: Parking Prohibited Certain Hours
In accordance with the provisions of 291-19, no person shall park a vehicle between the hours listed upon any of the following described streets or parts of streets:
Name of Street Side Hours/Days Location
SHELDON AVENUE SOUTH ANYTIME EXCEPT FROM WALTER STREET
ON SUNDAY BETWEEN EAST FOR 300 FEET
8:00 A.M. AND 6:00 P.M.
RESOLUTION – FIRE DEPARTMENT MEMBERSHIP CHANGES
Trustee Hoyt 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 following Fire Department membership changes recommended at the September 21, 2010 Board of Fire Wardens meeting: Membership: Anthony Jelenek was approved for active membership in Consolidated Engine Company, Brandon J. Pena was approved for active membership in Riverside Hose Company and Eric Mauhs was approved to be removed from active membership of Washington Engine Company.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 20, 2010
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the regular meeting of the Board of Trustees held on September 20, 2010 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 001183 THROUGH NO. 001327
Trustee Zollo moved, seconded by Trustee Basher, 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. 001183 through No. 001327 is hereby ordered paid in the following amounts as amended:
General $ 508,682.12
Water 10,364.34
Capital 485,454.70
Library 13,533.82
Trust & Agency 3,741.50______
Total $ 1,021,776.48
Adjustment Voucher No. 001208 - ( 900.00)
Amended Total: $1,020,876.48
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 001217, 001218, 001302 and 001303. Motion carried. 7-0
ADJOURNMENT
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried, that the meeting be adjourned at 9:53 p.m.
Carol A. Booth, Village Clerk
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