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Village Board of Trustees Minutes 03/07/2011
                                                                Board of Trustees
                                                                Village of Tarrytown
                                                                Regular Meeting No. 32
                                                                March 7, 2011


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

The meeting began with the Pledge to the Flag.

REPORTS

Trustee Zollo stated the following:
  • The Tarrytown Fire Department received a grant from FEMA (Federal Emergency Management Agency) from the Department of Homeland Security in the amount of $413,000.  The grant money will help purchase fire department equipment, primarily defibrillators, radios, portable generators, protective equipment, primarily turnout gear, training and wellness programs.  This was a nice job done by our grant writer, Marty Schneider and a big thank you to Nita Lowey, who was instrumental in getting us this grant.
  • On Friday night, our fire department spent quite a few hours in support of the county bomb squad on an incident on Walden Road.  Trustee Hoyt was there as a fireman.
Trustee Hoyt stated that the fire department was on the scene at Walden Road for about 4-5 hours.  The entire department responded and we had coverage from surrounding municipalities.   He gave a big thank you to Fire Chief Gene Gasparre, who did a great job as well as our Ambulance Corp.

Trustee McGovern stated that the Sleepy Hollow High School Student Government is sponsoring a Blood Drive on Wednesday, March 23rd at the High School Campus located at 240 N. Broadway in Sleepy Hollow.  This will be the first year that the school’s annual blood drive will be open to the public.  The hours of the drive will be 8:30 a.m. to 7:45 p.m.  Anyone interested in donating should contact Bonny Berry at the High School’s main office.  You may contact her either by email at bberry@TUFSD.org or telephone at 332-6201.

Trustee Hoyt stated that the summer camp program applications begin on April 4th.

Trustee Butler stated at our next board meeting on the 21st of March, there will be a presentation of an American Institute of Architecture Award  for the Adaptive Re-use of the Eastview Pump Station.

VILLAGE ADMINISTRATOR’S REPORT

Benedict Avenue – Con Edison Work

Con Edison is changing gas connections to homes on Benedict Avenue from an existing 6” low pressure gas line to a 10” medium pressure gas line.  The work was scheduled to be completed by last Friday, but due to weather, they were not able to complete the work.  The work is now scheduled for completion this Friday.  There are two homes that Con Edison is experiencing difficulty making the connection and the Village has informed Con Ed that the work in the road must be finalized.  Con Ed will be extending new the gas line connections to these homes so that they will complete all of the work in the road.  The Village is now pushing for Con Ed to repave the entire roadway as opposed to patching the road where they made road openings.  That matter had to be escalated to another level within Con Ed.  The contractor will also be sweeping the roadway when complete.

Manhole Repair – Wildey Street at Storm Street

Beginning Tuesday, March 8, 2011, at 7:00 a.m. there will be a temporary detour and traffic pattern postings for Storm Street and parts of Wildey Street as a result of the re-construction work of a sewer manhole at the intersection of Wildey and Storm Streets.  During this construction period, Storm Street will be a two-way street with a dead end at the intersection of Wildey and Storm Streets and there will be no parking allowed on Storm Street.  Parking will be available for affected residents at the McKeel Avenue parking lot or at the Resident Commuter parking lot nextoto Village Hall between the hours of 5:00 p.m. and 7:00 a.m.   It is estimated that this construction work will take approximately two weeks.  The Village is also contacting other sites nearby to determine whether those property owners will allow their sites to be used for resident parking.  If the sites become available, we will notice the residents using the Reverse 911 system.  Trustee Basher asked Mr. Blau to check with the owners of the CVS lot for temporary parking  for  residents during this two-week period.  

Tree Trimming

Con Edison’s tree trimming crew will be returning on Wednesday or Thursday to revisit the trees that were trimmed the last time they were in the Village to determine if there was any new growth on the trees that could impact the provision of electricity to the homes and businesses in the Village.  The Village will attempt to have a person with the Con Edison crews and frequently as possible.  

Collapsed Pipe on Powderhorn Way and Tarryhill Road

At the last Board of Trustees meeting, we discussed a pipe that had collapsed at the intersection of Powderhorn Way and Tarryhill Road.  The Village had the pipe televised and it turns out that the pipe was once a concrete pipe and 12 feet of the pipe was replaced with the metal corrugated pipe, which is the part that collapsed under the weight of the tire of a Village dump truck.  This 12 foot section will be replaced by the Village during the spring.

CONTINUATION OF A PUBLIC HEARING – VILLAGE PARKS (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of March, 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.      Any approval by the Board of Trustees shall be based upon the following considerations:

[a]     Whether the proposed business would enhance the public’s use of the  park or recreation area for the purpose intended by said park or recreation area;

[b]     Whether the proposed business is not offered in the Village of Tarrytown at the time of the application and cannot be provided in any other non-park location in the Village or the operation of the proposed business in the park as opposed to another location in the Village adds to the benefits to be derived from the business by the residents of Tarrytown.    

[c]     Whether the proposed business use would negatively impact any physical or aesthetic quality of the park or recreation area;

[d]     Whether the operation of the proposed business would negatively impact upon the use of the park or recreation area by others using the park.

[e]     Whether the proposed business use could constitute an attractive nuisance which would detrimentally affect the welfare and/or safety of the public at large.

[f]     Whether there is a compelling reason provided for the use of the park for the business purpose.

[g]     The business requesting to use the park must have another location, which serves as the permanent primary location for the business, where the business is operated.  The use of a Tarrytown park shall not be the sole location for the operation of the business.  

3.      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.

4.      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 Hoyt, 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 Basher, 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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 221, Parks and Recreation Areas of the Code of the Village of Tarrytown, 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 approved by the Board of Trustees.

WHEREAS, a public hearing was held for the proposed action on January 18, 2011. February 7, 2011, February 22, 2011 and March 7, 2011; and

WHEREAS, a notice of public hearing was published in the Journal News on January 10, 2011 and February 23, 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. 2 of 2011.

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

Lori Semeraro, 205 Martling Avenue, asked the following:
  • When will the RFQ’s go out for the park equipment for Pierson Park and Patriot’s Park?  Administrator Blau stated that bids have already been received for Patriots Park.  Those bids (prices) are being held and the Pierson Park playground equipment is part of the overall bid for the upgrade of Pierson Park.  We anticipate that will go out at the end of the spring.
  • She had seen some fire hydrants along Martling Avenue, Sunnyside Avenue, Lake Avenue, Putnam Avenue, Highland Avenue and Gunpowder Lane that did not have markers.
Trustee Hoyt stated that the fire department also sends out crews to dig out fire hydrants after a big
snow storm.
  • Ms. Semeraro asked how much the settlement was with respect to a resolution passed at the last meeting.  Attorney Shumejda stated that the settlement by its terms is confidential.  Ms. Semeraro asked if the gentlemen in the case have been removed from their offices.  Attorney Shumejda stated that they have not because there has been no determination of any allegation.
  • She asked if the board has looked into hiring another independent person to investigate the matter of the suspension of the General Foreman of DPW.   She stated that the PESH report names four individuals who have some sort of responsibility and the independent report only names one.   Mayor Fixell stated that the board has decided not to open another investigation.  The investigation only results in a determination that a hearing will be held.  It is not a determination of guilt.   The PESH report was not designed to be used in any personnel matters.  Therefore, no conclusions could be drawn from the PESH report about personnel.  The board is confident that the labor attorneys have legal and ethical obligations to do the investigation properly and appropriately.   They did not get any instructions; they did it entirely independently.  They are a third-party investigator.  Completely unrelated to the Village, the next step is for a hearing officer to hold a hearing.
Catherine Hopkins, 47 Croton Avenue, stated the following:
  • She congratulated the board and the grant writer for their efforts on receiving the federal grant money for the fire department.  This year it was $413,000 and last year it was $232,849.
  • She feels a part-time Fire Commissioner position would be extremely beneficial and a very positive step for the fire department.  Fire Chiefs are not expected to be experts in every field.  A Fire Commissioner would allow for planning long-term goals while a Fire Chief’s term is only for one year.   Mayor Fixell stated that the board has had a very preliminary, brief discussion on this idea of a Fire Commissioner.  There has been no conclusion drawn one way or another.
  • She stated that there have been campaign writings from the board’s opponents regarding a certain situation.  She stated that she is not affiliated with these people and have not approved of their grandstanding at her expense.  She has no gripes or grudges against this board for what happened to her.
  • She feels with regard to Mr. Weaver and the horrible accident that we have to keep in mind that it was just that a horrible and tragic accident.  She believes that this administration will do the right thing in the end.
Alison Boldyrev, Embree Street, stated the following:
  • She asked if the Board had done any research regarding the position of Fire Commissioner.  Mayor Fixell stated that the Administrator has done the research.  Ms. Boldyrev stated that she did some research and found out that all the Villages within the Town of Greenburgh do not have Fire Commissioners; that job is given to the Village Administrator.   According to the information she received, she doesn’t believe it would make sense to have a Fire Commissioner in the Village of Tarrytown.
  • She apologized to Ms. Hopkins if she felt that she used her situation for any gain or grandstanding.   Ms. Boldyrev stated that she never used her situation for her gain and would like to discuss it further with Ms. Hopkins.
  • She believes that communication is lacking between the board and the Village residents.
Francesca Spinner, Wilson Park Drive, stated that on behalf of the Neighborhood House, we have applied to continue the modest amount of funding that the Village has allocated in the past for the programs and activities offered to
seniors at the Neighborhood House.  She thanked the Board for their continued support.   The Neighborhood House also works to promote the County’s livable communities initiative, which is designed to assist seniors who prefer to
“age in place.”  Staying in their own home and using existing resources from the County to assist seniors to remain independent and yet still connected to their community.  

Steve Wilgermein, 330 S. Broadway, stated the following:
  • He echoes Trustee Hoyt’s sentiments on Friday night.  The Fire Department did a wonderful job.  He doesn’t believe the Fire Department needs a Fire Commissioner.
  • At the last meeting, the board approved to purchase generators for fire houses and the senior center.  He asked about Engine 77 and Engine 78.  Mayor Fixell stated that we received grant money for the generators that we approved and we are seeking additional grant money for the other two fire companies.
  • He asked why the two new firehouses don’t have a certificate of occupancy.   Mayor Fixell stated that he didn’t know that is so and that Mr. Blau will get back to him on that tomorrow.
Joseph McCarthy, 91 Tappan Landing Road, asked the following:
  • Was Mr. Korn hired to conduct the hearing for Mr. Weaver?   Attorney Shumejda stated that there was a resolution appointing him, but he was not hired.   The board hired another hearing officer to conduct the hearing.
  • Why aren’t the responses to the fines in the PESH report public knowledge?  Administrator Blau stated that they are reports and programs that the Village had to put in place; a respiratory program for the fire house and a confined space program.   The next step is for the board to approve these programs as official policies.  Once the board approves these programs/policies, they become official policies of the Village and then they are public documents.
Lori Semeraro, 205 Martling Avenue, questioned how PESH can accept a policy from the Village that has not been adopted by the Village yet.   Administrator Blau stated that PESH accepted that these are policies that the Village will
be looking into adopting.   Mayor Fixell stated that PESH had to approve the policy before the board can adopt them.  

Michael Coffey, 100 MacArthur Lane, asked Mr. Shumejda if he had stated at tonight’s meeting that he had investigated a sexual harassment claim involving Chief McGee.  Attorney Shumejda stated that he did not.

Eleanor Miscioscia, Storm Street, stated the following:
  • She thanked the Village for calling the reverse 911 on the traffic issue tomorrow on Storm Street.  She’s concerned that all residents on Storm Street may not get the reverse 911 message and therefore will not be moving their cars.  She stated that the on street parking stickers on Storm Street are not being enforced by the police.  She stated that she has lived on Storm Street all her life and no one has ever dug out a fire hydrant.
John Chebatar, 38 Pine Street, Sleepy Hollow, stated that it’s been six months since the tragedy occurred and he is disappointed with this board for the time it is taking to get to a hearing.   He asked how long it will take for the hearing
to take place.  Attorney Shumejda stated that the time frame is set by the parties involved; typically the general rule would be approximately a three-month time frame.

AGREEMENT WITH ECOSYSTEMS STRATEGIES, INC.

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 does hereby authorize and direct the Village Administrator to execute an agreement with Ecosystems Strategies, Inc. to perform sampling and analysis of soils in
the stream bed of Andre Brook and an adjacent parking lot known as the Temporary Commuter Parking Lot for the Andre Brook Restoration Project per their proposal of $4,075.

AGREEMENT WITH AF INVESTIGATIONS

Trustee Basher moved, seconded by Trustee Zollo, that the following be approved.  Motion carried, all voting “aye” with the exception of Trustee McGee who abstained.  Approved:  6-0-1

BE IT RESOLVED that the Board of Trustees does hereby authorize and direct the Village Administrator to execute an agreement with AF Investigations, Briarcliff Manor, New York to conduct an investigation relating to a complaint filed against the Fire Chiefs of the Tarrytown Fire Department.  

BE IT FURTHER RESOLVED that the Board of Trustees does hereby establish a maximum fee to be paid for the investigation not to exceed $2,500.   

RESOLUTION – FIRE DEPARTMENT MEMBERSHIP CHANGES

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 following Fire Department membership changes recommended at the February 15, 2011 Board of Fire Wardens meeting:   Membership:  Jason Salvatore was approved for active membership in Conqueror Hook & Ladder Company and Karl Hagstrom was approved for active membership in Washington Engine Company.

STOP SIGNS PROPOSALS

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 an amendment to the Village Vehicle and Traffic Code to create a stop intersection at two of the following areas:

There is no material to be deleted.  New material is set forth in capital letters:

§ 291-73. Schedule VIII: Stop Intersections.

In accordance with the provisions of § 291-11, the following described intersections are hereby designated as stop intersections, and stop signs shall be installed as follows:

Stop Sign on                            Direction of Travel             At Intersection of

        CHURCH STREET                   BOTH                    RIVERVIEW AVENUE

        GLEN STREET                                 WEST                         RIVERVIEW AVENUE

DECLARATION OF EMERGENCY

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

WHEREAS, the Village is experiencing the sinking of a manhole at the intersection of Wildey Street and Storm Street; and

WHEREAS, the sanitary sewer line was televised from Storm Street to the affected manhole to assess the problem and water was observed backing up into the sanitary sewer line; and

WHEREAS, the manhole that is sinking was televised and the televising evidenced the fact that the manhole is experiencing both vertical and horizontal cracking throughout the full depth of the seventeen foot deep manhole; and

WHEREAS, it is the recommendation of the Village Engineer that due to the amount of sewage conveyed through the manhole, the manhole must be repaired as expeditiously as possible so as to prevent a more extensive problem should the cracking continue and cause a collapse of the manhole; and

WHEREAS, in order to expedite the repair of the manhole, it is necessary to declare an emergency in relation to this project; and

WHEREAS, the Board of Trustees believes that it is in the best interest of the Village, in order to protect the health and safety of the residents of Tarrytown, but especially those residents in the area of the manhole to declare an emergency.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby declare an emergency in relation to the sanitary sewer manhole repairs at the intersection of Wildey Street and Storm Street.

BE IT FURTHER RESOLVED that the Board of Trustees does hereby authorize the Village Administrator to execute an agreement with ELQ Industries Inc. of New Rochelle, New York.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON FEBRUARY 22, 2011

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:  6-0-1

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 February 22, 2011 as submitted by the Village Clerk.

APPROVAL OF AUDITED VOUCHERS NO. 002846 THROUGH NO. 002997

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. 002846 through No. 002997 is hereby ordered paid in the following amounts:

General                 $      428,017.33
Water                             16,375.97
Capital                           65,432.28
Library                             6,566.09
Trust & Agency                            3,032.00
Total                        $     519,423.67

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 002917, 002875, 002929, and 002993 and Trustee Hoyt who abstained from Voucher Number 002908.   Motion carried.  7-0

ADJOURNMENT

Trustee Hoyt moved, seconded by Trustee McGovern, and unanimously carried, that the meeting be adjourned at 9:12 p.m.


Carol A. Booth
Village Clerk