Board of Trustees
Village of Tarrytown
Regular Meeting No. 14
September 7, 2011 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 honor and recognition of the one-year anniversary of the deaths of John Kelly and Anthony Ruggiero Jr.
REPORTS
Mayor Fixell stated the following:
- Along with the entire board, he would like to thank the staff of DPW, Police Department, Fire Department, the Village Administrator and the Village Engineer for the incredible work they did during the hurricane. They worked very long hours and spent an incredible amount of time and energy keeping us safe.
- On August 15, 2011, the Board received a petition and letter asking the Village to investigate aspects of the Village Administrator and aspects of the accident that took place a year ago. It is the determination of the Board that we deal with that request by having the Village Attorney send that letter to the appropriate authorities, such as the State Attorney General, the District Attorney of the County and any other agency he deems appropriate.
- Last week the Village received the Hearing Officer’s decision on Scott Weaver. Tomorrow evening, at 6:30, the Board will meet in Executive Session to discuss the report, followed by a public session where we will approve a resolution on our determination. According to our attorneys, we cannot discuss this matter.
Trustee Hoyt stated that our Village-wide Tag Sale will be held on Saturday, September 24th between 10 a.m. and 5 p.m. Rain date will be Sunday, September 25th. To register, please call the Recreation Department at 631-8347 to reserve a spot on the Village-wide map, which will be available on our website and be distributed throughout the Village. The deadline to register is Friday, September 16th.
VILLAGE ADMINISTRATOR’S UPDATE
Administrator Blau responded to two questions posed by a resident at the last meeting. The first related to a sink hole on Martling Avenue. The sink hole on Martling Avenue is related to a catch basin which is to be repaired. There
are a number of catch basins throughout the Village which are in need of repair. The Village was not repairing them with our staff until the Village Board had approved the confined space program for the Village and once approved,
the staff had to be fully trained in confined space entry. That has occurred and the Village is now getting to each of the catch basins. The one you note is in the queue for repair. The second question related to a metal plate on
Tappan Landing Road. The metal plate has been temporarily repaired. It turns out that the plate needs to be replaced but it is a special size and we are searching companies to see if any have the special size before we order a special
fabrication of the plate.
Con Edison Claim Forms. Con Edison has provided the Village “Residential Claim for Food and Medicine Spoilage” forms for residents to make a claim with Con Edison. The forms are available on the Village website, at the Village
Treasurer’s Office and the lobby of the Police Department. However, I received a telephone call today from Con Edison Government Affairs asking that we make residents aware that the form states, “Claims for reimbursement for
losses sustained as a result of power outages caused by storms or other conditions beyond our control will not be paid.”
Anyone requiring assistance in the cleanup of flood debris from their homes can contact New York Voluntary Organizations Active in Disaster (NYVOAD). The volunteer organization is coordinating requests for household clean-up
and mud-out in impacted areas across New York State.~ If you are in need, please contact 211.
The Federal government has issued a federal assistance declaration for residents and businesses in Westchester County. The first step to qualify is for residents and small businesses to register. Registration can occur by calling
FEMA’s registration number at 1-800-621-3362, going to the website at www.disasterassistance.gov, or going to the Disaster Recovery Center at the Westchester County Center in White Plains seven days a week between the hours
of 8 a.m. to 8 p.m. Parking fees have been waived. In addition to state and federal partners at the center, staff from the county Department of Social Services will be on hand to help residents. There will also be representatives from the
Small Business Administration, who can explain the low-interest loan packages available to individuals, nonprofits and businesses of any size.
CONTINUATION OF A PUBLIC HEARING – TATTOO PARLORS (continued)
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried, that the hearing be opened.
Lori Semeraro, 205 Martling Avenue, stated that she found out that Dobbs Ferry and Pleasantville both have tattoo parlors but has since amended their code to prohibit tattoo parlors. The existing tattoo parlors were both grandfathered. She asked if the Board looked into these two Villages to find out what issues they experienced and why they amended their code prohibiting tattoo parlors. Administrator Blau stated that he did contact the Administrators at Dobbs Ferry and Pleasantville and they said that they had no issues with the tattoo parlors.
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried, that the hearing be continued. Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby continue the public hearing on the Local Law to amend the Code of the Village of Tarrytown, Chapter 268, Tattoo Parlors, to rescind the existing
Chapter 268 entitled “Tattoo Parlors,” which Chapter prohibited tattoo parlors in the Village and to adopt a new Chapter 268 to permit tattoo parlors subject to certain restrictions to the Board of Trustees meeting of September 19,
2011.
CONTINUATION OF A PUBLIC HEARING – TAXI AND LIVERY DRIVERS LICENSES (continued)
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the hearing be opened.
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Administrator Blau stated that a meeting has been scheduled for the September 14th, Board of Trustees work session, with the Board of Trustees, the Westchester County Taxi & Limousine Commission and interested taxi/livery drivers. The meeting will be held in this board room at 7 p.m.
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be continued. Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby continue the public hearing on the Local Law to amend the Code of the Village of Tarrytown, Chapter 273, Taxicabs and Liveries, to turn over the responsibility for the issuance of drivers’ licenses to the Westchester County Taxi and Limousine Commission to the Board of Trustees meeting of September 19, 2011.
PUBLIC HEARING – FILMING (continued)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of September, 2011, 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 157 entitled “Filming” 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 §157-2, Filming on private property; §157-3, Filming on public property; § 157-4, Requests for film productions; § 157-7, Fees of Chapter 157 entitled "Filming” of the Code of the Village of Tarrytown.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Village of Tarrytown continues to receive numerous requests for filming, especially in the downtown commercial district and the businesses in this area have voiced concern regarding the impacts that filming have on their respective businesses. The Village has solicited, through the Sleepy Hollow – Tarrytown Chamber of Commerce and the Tarrytown Merchants Association, input on how to address the concerns of the business owners while maintaining filming in the Village. The input provided has been incorporated into the proposed amendments.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend the language of §157 entitled "Filming” of the Code of the Village of Tarrytown to provide staff additional tools to manage filming in the Village.
Material to be deleted appears in parenthesis ( ), material to be added is in bold typeface.
SECTION 2. Amendment to §157-2, “Filming on private property” of Chapter 157 entitled “Filming” of the Code of the Village of Tarrytown.
C. Permit applications must be submitted at least fourteen (14) days prior to the date filming is to take place and filming cannot occur until at least seven (7) days after the approval is granted. The Village Administrator shall not consider or approve any application that does not meet the time frames established herein.
SECTION 3. Amendment to §157-3, “Filming on public property” of Chapter 157 entitled “Filming” of the Code of the Village of Tarrytown.
C. Permit applications must be submitted at least twenty-one (21) days prior to the date filming is to take place and filming cannot occur until at least fourteen (14) days after the approval is granted. The Village Administrator shall not consider or approve any application that does not meet the time frames established herein.
SECTION 4. Amendment to §157-4, “Requests for film productions” of Chapter 157 entitled “Filming” of the Code of the Village of Tarrytown.
Requests for film productions which will exceed five (5) days must be submitted to the Village Administrator at least twenty-eight (28) days prior to the date filming will take place. The request will thereafter be submitted to the Board of Trustees for approval, approval with conditions or disapproval. The Board of Trustees may establish any fee it deems reasonable and appropriate for such filming. Filming cannot occur until at least fourteen (14) days after the approval is granted.
SECTION 5. Amendment to §157-8, “Penalties for offenses” of Chapter 157 entitled “Filming” of the Code of the Village of Tarrytown.
B. In addition to the penalties noted in A. hereinabove, the Village may also revoke the permit. [The imposition of such penalty shall not be the Village’s exclusive remedy in the event of a violation of this chapter. The Village may pursue any and all other legal remedies available in connection with any violation of this chapter].
SECTION 6. 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 McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the hearing be continued. Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby continue the public hearing on the Local Law to amend the Code of the Village of Tarrytown, Chapter 157, Filming, to provide staff additional tools to manage
filming in the Village with respect to time frames established for film permit approvals to the Board of Trustees meeting of September 19, 2011.
PUBLIC HEARING – BUSINESS PARKING PERMIT (continued)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of September, 2011, 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 291 entitled “Vehicles and Traffic” 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 §291-48, “Nonresident business permit” of Chapter 291 entitled "Vehicles and Traffic”, Article VI, “Permit Parking” of the Code of the Village of Tarrytown.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Village of Tarrytown provides parking opportunities for merchants, business owners and their staff to park in specified lots in the downtown commercial district via a parking permit in order to maintain on-street parking and parking in the parking lot in the heart of the downtown commercial district for shoppers and others using the businesses in the downtown commercial district. The Merchants Association has requested that the Village expand the parking permit system to allow for the inclusion of more than one vehicle per permit with the belief that this modification will increase the use of the permit system by the business owners and their staff. The Board of Trustees believes that the request from the Merchants Council is in the best interest of the businesses and the shoppers in the
downtown commercial district.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend the language of §291-48, “Nonresident business permit” of the Code of the Village of Tarrytown to provide for the ability to include more than one vehicle on an nonresident business permit.
Material to be deleted appears in parenthesis ( ), material to be added is in bold typeface.
SECTION 2. Amendment to §291-48, “Nonresident business permit” of Chapter 291 entitled “Vehicles and Traffic” of the Code of the Village of Tarrytown.
Upon submitting to the Village Treasurer a properly completed signed application and upon payment of a fee as set by resolution of the Board of Trustees, the Village Treasurer shall consider said application as valid and complete for the issuance of a nonresident business permit, subject to applicable parking limitations. Such permit shall only be issued to the owner of a passenger or suburban vehicle who is not a resident of the Village of Tarrytown, but who is a merchant, store employee, office worker, business or professional person or other person gainfully employed within the Village of Tarrytown. One permit may be issued for up to four (4) vehicles per parking permit, but in no case may the permit be used on more than one vehicle at a time and shall not be considered a valid permit for the parking of more
than one vehicle at a time. Such permit shall be valid for a period of not more than one year and shall expire, in any event, on May 31 of each year.
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 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 Basher moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be continued. Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby continue the public hearing on the Local Law to amend the Code of the Village of Tarrytown, Chapter 291-48, Vehicles and Traffic, Non-resident business
permit, to allow one business parking permit holder up to four (4) vehicles per parking permit, but the permit may not be used for more than one vehicle at a time to the Board of Trustees meeting of September 19, 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
Steve Wilgermein, 330 S. Broadway, asked if the special meeting is going to be held tomorrow evening or Friday because on the website, it says Friday. Mayor Fixell stated that the board decided this evening to hold the meeting tomorrow night.
John Stiloski, 54 Walnut St., stated the following:
- He asked if the final determination is subject to FOIL. Attorney Shumejda stated that the Board has received a report and recommendation from the hearing officer. It is the Board’s obligation to review that report and the record to make the board’s final determination. The transcripts, exhibits and anything else that was submitted to the hearing officer or the board is intra-agency material and is not subject to FOIL. Only the board’s final determination will be public.
- He asked about comments made by Administrator Blau at the February 22, 2011 board meeting and stated that he had FOILED tapes of meetings and that the February 22, 2011 tape was missing. Mayor Fixell stated that the minutes may be incorrect and that he didn’t know anything about the missing tape.
Trustee Zollo stated that the board is currently involved in litigation on this topic and asked Mr. Stiloski not to ask the board questions that they cannot answer. He stated that he knows Mr. Stiloski is a concerned citizen and asked
him if there is anything that he can add to help this Village heal from the tragedy of a year ago, to please bring it up.
Peter Lombardi, 33 Main Street, stated that the Village had a confined space policy and that the employees were not trained.
John Chebetar, Sleepy Hollow resident, stated that he was appalled that this is going on for over a year and he is disgusted that the findings came up at the anniversary. Mayor Fixell stated that the timing of the hearing was completely out of the board’s control.
Lori Semeraro, 205 Martling Avenue, stated that it was her understanding that Scott Weaver chose to have the hearing public. If that is the case, why aren’t the hearing minutes subject to FOIL. Attorney Shumejda stated that he was not aware that her understanding was accurate. The Village is precluded from distributing or complying with any requests for FOIL under the Freedom of Information Law. Ms. Semeraro asked why it was stated that the TLC can perform better background checks than the Village of Tarrytown. Administrator Blau stated that the TLC does drug testing and some other tests which we do not do; their background check is more extensive than ours.
Joe McCarthy, 91 Tappan Landing Road, stated that this coming Sunday, the Tarrytown Fire Department will be having the 10-year Memorial 911 Service. It will begin at 8:00 a.m. at the Main Street Firehouse. We will march to Patriots Park for the memorial service along with the Village of Sleepy Hollow. Then there will be a 911 breakfast at the Tarrytown Senior Center and then a mass at 12 noon at Transfiguration Church. All Police/Fire/EMS or anyone from the public is welcome to participate.
John Stiloski, 54 Walnut Street, stated that he feels that Administrator Blau should not have access to Village business records at this time.
Dawn Brehony, 60 Embree Street, asked the Board if they are considering keeping Administrator Blau in his position with unfettered access to records. Mayor Fixell stated that the Board has asked the Village Attorney to send the petition and letter to various authorities. There is no investigation at this point. If they believe that there is validity, they will make that determination. Unless we hear from other authorities that there is in fact something to act on, there is no concern.
Peter Lombardi, 33 Main Street, stated that he was concerned about the safety of Mr. Ruggierio’s file.
Pat Derivan, Franklin Courts, stated that it is sad, a year after the terrible tragedy, the Board still not able to answer questions.
DEDICATION OF EAST BELVEDERE LANE
Trustee Basher moved, seconded by Trustee McGovern, 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 accept the dedication of East Belvedere Lane as an official street of the Village of Tarrytown subject to the approval of the closing documents by
the Village Attorney and payments of all fees and costs.
FIRE DEPARTMENT MEMBERSHIP CHANGES
Trustee Zollo moved, seconded by Trustee McGovern, 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 August 16, 2011 Board of Fire Wardens meeting: Membership: Ian
Kelly was approved for active membership in Washington Engine Company, Richard Miscioscia was approved for active membership in Conqueror Hook & Ladder Company and Kevin Grubbs has resigned as an active member from
Washington Engine Company and Jason Salvatore has resigned from Conqueror Hook & Ladder Company . Driver: Paul Cappello has been approved as a driver for Washington Engine Company.
AGREEMENT WITH THE TOWN OF GREENBURGH REGARDING GLENVILLE FIRE PROTECTION DISTRICT
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 the Mayor to execute an agreement between the Town of Greenburgh and the Village of Tarrytown to provide Fire Protection Services to the Glenville Fire Protection District.
AGREEMENT WITH WESTCHESTER COUNTY TAXI AND LIMOUSINE COMMISSION
Trustee Zollo moved, seconded by Trustee McGovern, 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 Inter-municipal Agreement (IMA) agreement with Westchester County associated with the sharing of fine monies collected by the Westchester County Taxi and Limousine Commission for tickets issued by the Village of Tarrytown Police Department for enforcing rules and regulations of the Westchester County Taxi and Limousine Commission.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON AUGUST 15, 2011
Trustee Basher moved, seconded by Trustee McGovern, that the following resolution be approved. Motion carried, all voting “aye” with the exception of Mayor Fixell who abstained. Approved: 6-0-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the minutes of the regular meeting of the Board of Trustees held on August 15, 2011 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 839 THROUGH NO. 1020
Trustee McGovern 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. 839 through No. 1020 is hereby ordered paid in the following amounts:
General $ 541,061.73
Water 91,094.54
Capital 341,936.54
Library 10,474.26
Trust & Agency 6,747.63
Total $ 991,314.70
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 885, 886, 963, 1006, and 1007 and Trustee Hoyt who abstained from Voucher Numbers 911 and 946. Motion carried. 7-0
ADJOURNMENT
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the meeting be adjourned at 8:56 p.m.
Carol A. Booth
Village Clerk
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