Board of Trustees
Village of Tarrytown
Regular Meeting No. 27
January 18, 2011 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGovern and Zollo; Administrator Blau; Village Treasurer Hart; Village Attorney Shumejda; Village Clerk Booth
ABSENT: Trustee McGee
The meeting began with the Pledge to the Flag.
VILLAGE ADMINISTRATOR’S REPORT
- Policy Review or Gap Analysis – The Village has been concentrating its efforts on an evaluation of policies and procedures relating to safety issues throughout the Village. However, each department head was directed to contact a number of our municipal neighbors to determine what policies and procedures that those communities may have in place that Tarrytown may want to consider implementing. A review by the Village Clerk found a number of policies and documents that may be advisable to be repeated in Tarrytown. Many are already in place, but there are a few worth pursuing such as the implementation of a Village Handbook. Parks and Recreation, Engineering and Building Inspection and the Treasurer’s Office contacted their counterparts and the communities contacted
did not have written policies and procedures. The Police Department has an extensive book of Rules and Regulations and it was ultimately determined that there was nothing to add to the existing book. The Warner Library found a number of policies from other libraries that are presently under consideration, such as panic buttons, fire drills and the ability to communicate within the library. The Fire Department received Standard Operating Guidelines from 2 departments, even though they contacted 7. The remaining 5 did not have any written policies or are in the process of implementing written policies. The Fire Department has started the process of developing formal written Standard Operating Guidelines. The Treasurer’s Office found some areas that will be pursued, such as greater search capabilities on-line, so as to reduce staff time assisting people to with tasks that they could perform on their own. Another area to be pursued will
be an updated investment policy.
- Safety Training for Police Department – the Police Department and Pro-Safety have been in discussions to schedule the training. A telephone call to schedule the training was planned for today between the department’s training officer and Pro-Safety. The department is planning training in the areas of Confined Space Awareness and Personal Protective Equipment.
- Recycling Center – At the Work Session the Board discussed a concern noted by the CSEA regarding items being dumped at the Recycling Center, such as old propane tanks, and the safety issues relating to the dumping. The Village is evaluating the closure of the recycling center, which would include how to address the recycling of e-waste and tires for residents. The Village will be working to assure that our residents receive the recycling services that they currently receive.
PUBLIC HEARING – PEDDLING AND SOLICITING (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 18th day of January 2011, 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 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 Chapter 225 entitled “Peddling and Soliciting” 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 cost to the Village of background checks and searched for those individuals and entities who desire a permit to peddle or solicit in the Village of Tarrytown should be paid by the applicant for said permit instead of the public except in the case where the applicant is in engaged in religious, political or not for profit activities.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend Chapter 225 entitled “Peddling and Soliciting” in order to require that the cost of background checks and searches be paid by the applicant with the exception where the applicant is in engaged in religious, political or not for profit activities.
Material to be deleted appears in parenthesis ( ), material to be added is in bold typeface.
SECTION 2. Amendment to Chapter 225 entitled “Peddling and Soliciting” of the Code of the Village of Tarrytown.
§ 225-5. Application for certificate.
E. Background Check Application Fee.
1. All applicants shall submit a payment pursuant to the Master Fee Schedule with their application for the cost of a background search.
2. Any person or entity engaged in religious, political or not-for-profit activities shall be exempt for the fee requirement of this section.
SECTION 3. EFFECTIVE DATE
This local law shall take effect immediately, as provided by law.
All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing-impaired; a request must be made to the Village Clerk at least five days in advance of the meeting.
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.
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be closed.
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 225, Peddling and Soliciting of the Code of the Village of Tarrytown, to include the provision for background and fingerprint check associated with obtaining a permit for solicitors and peddlers who are engaged in commercial activities. The cost of said background check and search shall be paid by the applicant.
WHEREAS, a public hearing was held for the proposed action on January 18, 2011; and
WHEREAS, a notice of public hearing was published in the Journal News on January 10, 2011; 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. 1 of 2011.
PUBLIC HEARING – VILLAGE PARKS (continued)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 18th day of January, 2011, 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 Chapter 221 entitled “Parks and Recreations 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 Recreations 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 a clearly defined permit process is necessary to regulate and control the business use of public parks and recreation areas during both normal opening hours and extended hours.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend Chapter 221 entitled “Parks and Recreations Areas” of the Code of the Village of Tarrytown in order to require that all individuals or entities who desire to utilize public parks or recreation areas for a business within the Village of Tarrytown be required to obtain a permit and Board of Trustee approval.
Material to be deleted appears in parenthesis ( ) material to be added is in bold typeface.
SECTION 2. Amendment to Chapter 221 entitled “Parks and Recreations Areas” of the Code of the Village of Tarrytown.
§~221-4.1 Businesses in Parks and Recreations Areas.
1. A business conducted in any park or recreation area in the Village of Tarrytown which is not under the direction or sponsorship of the Village of Tarrytown Recreation Department, requires a permit approved by the Board of Trustees of the Village of Tarrytown.
2. The term “business” as used in this Chapter is defined as the any activity carried on for the production of income from selling goods or performing services.
3. The fee for this permit is contained in the master fee schedule of the Village of Tarrytown.
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 Zollo moved, seconded by Trustee Butler, and unanimously carried, that the hearing be opened.
Lori Semeraro, 205 Martling Avenue, asked how this local law would affect the Boot Camp program. Administrator Blau stated that he spoke with the person who runs the boot camp last week and that they are discussing to execute a contract with her to run the Boot Camp. Therefore, this will not affect the Boot Camp program.
Mayor Fixell stated that he would like to continue the public hearing because he would like more precise guidelines on how to make the determination on granting or not granting permits.
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the public hearing be continued.
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, 330 S. Broadway, stated the following:
- With respect to the Pierson Park project, will there be enough room for emergency vehicles to get in and out on the pathway to the fireboat? Mayor Fixell stated that exact point was raised and the design committee made sure that there was significant turnaround space, access and parking for emergency vehicles.
- What are the cost estimates for the renovation of Pierson Park? Administrator Blau stated that he will put the cost estimates together including the grants and will make it available on our website.
- He asked if the Village has an accounting of the funds collected for the Ruggiero and Kelly families. Treasurer Hart stated that the Village has an accounting of all the funds that we have received including who donated and how much was donated.
- He asked Trustee Zollo if he referred to the PBA President of grandstanding regarding police training. Trustee Zollo stated that the PBA letter regarding training was never requested of the Tarrytown Police Department Training Officer or the Chief of Police. The proper procedure would be to go up the chain of command. He doesn’t know why there were at the meeting; but they did invite the television crew.
- He believes it is difficult to schedule a year of training ahead of time. Trustee Butler stated that the training officer can provide an annual training schedule that can always be changed when necessary.
John Stiloski, 54 Walnut Street, stated the following:
- He asked who turned over the Village’s confined space guidelines to PESH. Administrator Blau stated that he did.
- He asked who is in charge of enforcing policies and procedures for this Village. Administrator Blau stated that the Village Administrator is. Mr. Stiloski believes that Administrator Blau might have altered the report from the one we actually have. He believes that this investigation should be conducted by a state agency or the Attorney General’s office.
- He asked if the Village Engineer is sitting in on the investigations with the employees of DPW. Administrator Blau stated that the Village Engineer was sitting in on the investigations. Administrator Blau stated that if the members of the CSEA who were asked to report do not want the Village Engineer sitting in the investigation meetings, then he will not have the Village Engineer there. Mr. Stiloski asked if the labor attorney is investigating the Village Administrator’s actions. Mayor Fixell stated that the labor attorney is investigating everything involved in this report.
- He stated that he had three versions of the confined space guidelines report. Mayor Fixell asked if he would provide the Board with a copy of them.
Lori Semeraro, 205 Martling Avenue, stated the following:
- She stated that the Village Administrator stated that the departments compared policies with other municipalities, but she would like to know what the state or federal government says we should have and what we don’t have. Administrator Blau stated that he will reach out to NYCOM to see if they have a listing of policies and procedures that is recommended or required by state law.
- She asked if there was a response from the Communications Committee regarding the new video equipment. Administrator Blau stated that the Board has asked that their comments be sent to our consultant.
- We have a response date of February 1st for a violation in the PESH report. Administrator Blau stated that we are on track with Pro---Safety to respond to PESH in a timely manner.
Peter Lombardi, 33 Main Street, asked about the procedure for work boot protection. He had heard that the Board mentioned steel toe boots. He believes steel toe boots would be a drastic measure. Trustee Zollo stated that the
village policy states that the DPW worker is supposed to wear safety work shoes, however, he never said steel toe work shoes.
John Stiloski, 54 Walnut Street, asked Mr. Blau to read the policy statement from the Safety DPW, Recreation Confined Space Policy. Mr. Blau read the policy statement. Mr. Stiloski stated that the policy handbook that was sent to
PESH is different from the policy that was given to him by a former village employee. Trustee Zollo suggested that if Mr. Stiloski believes that someone gave fraudulent information, PESH should be contacted to investigate it.
Ray Tuohy, 11 Storm Street, stated the following:
- He asked for the status of the independent investigation. Mayor Fixell stated that the law
firm that is conducting the investigation is due to provide a report upon completing their investigation with information for whatever steps may or may not be taken next. Mr. Tuohy asked if the Board will act on that. Mayor Fixell stated that there are procedures and processes that must be followed. Attorney Shumejda stated that if the report recommends no action, that ends the matter. If the report recommends action or alternative actions, then the Board considers that and makes a determination whether to follow those recommendations. If there is a recommendation for disciplinary action, a hearing officer can be appointed by the board to hear and determine the issue. Mr. Tuohy has asked this board to take action and he feels that
there’s always delay. Mayor Fixell stated that there
are very specific procedures and protections in state law. The Board is proceeding in a very responsible manner and following those rules.
- He asked if it is true that the Board is interviewing for a fire commissioner. Mayor Fixell stated that they were not interviewing for a fire commissioner, but there was a discussion whether it made sense to consider a fire commissioner.
Peter Lombardi, 33 Main Street, requested confirmation from Mr. Blau that if an employee who was being interviewed for the investigation did not want certain individuals in the room, that Mr. Blau would honor that. Mr. Blau stated
that he would.
Steve Wilgermein, 330 S. Broadway, stated the following:
- He asked if Pro-Safety has a timeline with a completion date. Administrator Blau
stated that Pro-Safety had a timeline until we received the PESH report. We had to adjust the timeline in order to comply with the PESH report deadlines.
- He asked if the Pro-Safety report can be reviewed once it is complete. Mayor Fixell stated that it certainly can because it is a public document.
- He stated that if the board had taken disciplinary actions immediately after the incident, we would have already had an outcome.
Michael Coffey, 100 MacArthur Lane, stated the following:
- He asked if the three different copies of the safety policy will be turned over to the attorney firm handling the third party investigation. Mayor Fixell stated that once the copies are submitted, they will be turned over to be investigated.
- He asked in general, who is in charge of the hiring, firing and suspension of any village employee. Attorney Shumejda stated that if it is a union employee, we would be guided by the contract. Mr. Coffey asked who is in charge of the hiring, firing, or discipline of non-union employees. Attorney Shumejda stated that is the responsibility of the Board of Trustees. Attorney Shumejda also stated that volunteers of the Fire Department would be the responsibility of the Fire Wardens.
- He asked if the Village plans to mark hydrants and place antennas on fire hydrants, especially due to the large amounts of snow. Trustee Zollo stated that he has seen several antennas on hydrants. Administrator Blau stated that antennas have been ordered.
- He asked if the Wilson Park fire hydrant system was up and running. Administrator Blau stated that he will be put a report together and send it to the Fire Chiefs who will then inform all the members of the Fire Department.
BOND RESOLUTION, DATED JANUARY 18, 2011, AUTHORIZING THE ISSUANCE
OF UP TO $2,865,930 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE
VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK,
PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I)
THE ACQUISITION OF LAND, (II) HEATING AND ENERGY IMPROVEMENTS TO
BUILDINGS, (III) PARKING IMPROVEMENTS, (IV) IMPROVEMENTS TO VILLAGE
SIDEWALKS AND CURBS, (V) IMPROVEMENTS TO SEWER LINES, (VI) THE
ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND
MAINTENANCE, (VII) VARIOUS PARK IMPROVEMENTS, (VIII) WATERWAY
IMPROVEMENTS, (IX) VARIOUS BUILDING IMPROVEMENTS, (X) ACQUISITION
OF FIRE-FIGHTING EQUIPMENT AND APPARATUS AND (XI) A MOTOR VEHICLE,
IN AND FOR THE VILLAGE.
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), located in the County Board of Trustees of Westchester, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (I) the acquisition of land ($1,147,500), (II) heating and energy improvements to buildings ($178,500), (III) parking improvements ($588,540), (IV) improvements to Village sidewalks and curbs ($35,700), (V) improvements to sewer lines ($132,600), (VI) the acquisition of machinery and apparatus for construction and maintenance ($484,500), (VII) various park improvements ($35,700), (VIII) waterway improvements ($75,680), (IX) various building improvements ($45,900), (X)
acquisition of fire-fighting equipment and apparatus ($103,060) and (XI) a motor vehicle ($38,250), in and for the Village, including any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total cost not to exceed $4,234,645, all in accordance with the Local Finance Law.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown that there is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $2,865,930, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes described hereinabove.
ENERGY SERVICES PROGRAM AGREEMENT
Trustee Butler moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to enter into an Energy Services Program Agreement between the Village of Tarrytown and the Power Authority of the State of New York (NYPA) to provide energy services to reduce energy costs and/or to realize significant environmental benefits in Village owned facilities.
APPOINTMENT TO THE ZONING BOARD OF APPEALS
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints Victoria Weisel to fill the unexpired term of Kara Merrill Verma as member of the Zoning Board of Appeals to April of 2012.
RESOLUTION SETTING THE DATE FOR PROPERTY TAX GRIEVANCE DAY
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby schedules Property Tax Grievance Day for Tuesday, February 15, 2011, between the hours of 4:00 p.m. and 8:00 p.m. at Tarrytown Village Hall.
APPOINTMENT OF ELECTION INSPECTORS – 2011 VILLAGE ELECTION
Trustee Zollo moved, seconded by Trustee McGovern, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee Basher who abstained. Approved: 5-0-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints the following Election Inspectors to sit on Election Day, Tuesday, March 15, 2011:
District #1: Tina Whitely, Marie Coviello, Rose Fitzgibbon
District #2: Robin Warner, Angel Dopico, Angela Perez, Ray Artus
District #3: Baltasar Parra, Josephine Parra, Nancy Marin, Harriet Bettman
District #4: Gail Evans, Diane Pratt, Jeanne Arduino, Nancy Quinn
District #5: Mary Gorman, Rosella Cory, Rose Arduino, Max Perada
District #6 & 74: Aranka Goldin, Anne Marie Basher, Joan Wald, Elaine Kosloff
District #7 & 76: Lou Agro, Elizabeth Hynes, Rose Sandberg, Blanca Umbierre
District #55 & 82: Claire Janos, Betty Watson, Mary Byrnes, Margaret Bartos
APPROVAL OF TAX CERTIORARI – MOTIVA ENTERPRISES LLC
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the tax certiorari settlement with Motiva Enterprises LLC, 350-372 South Broadway, as outlined in the Village Attorney’s memorandum dated January 3, 2011.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JANUARY 4, 2011
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the regular meeting of the Board of Trustees held on January 4, 2011 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON JANUARY 12, 2011
Trustee McGovern moved, seconded by Trustee Zollo, that the following be approved. Motion carried, all voting “aye” with the exception of Trustee Butler who abstained. Approved: 5-0-1
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 January 12, 2011 as submitted by the Village Administrator.
APPROVAL OF AUDITED VOUCHERS NO. 002343 THROUGH NO. 002497
Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved: Approved: 6-0
BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 002226 through No. 002342 is hereby ordered paid in the following amounts as amended:
General $ 431,842.95
Water 85,677.64
Capital 53,702.65
Library 6,323.45
Trust & Agency 6,959.87
Total $ 584,506.56
Subtract Voucher No. 002435 - 9,499.53
Amended Total $ 575,007.03
ADJOURNMENT
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the meeting be adjourned at 9:28 p.m.
Carol A. Booth
Village Clerk
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