Tarrytown NY - Village Board of Trustees Minutes 09/19/2011

Village Board of Trustees Minutes 09/19/2011

Board of Trustees

Village of Tarrytown

Regular Meeting No. 16

September 19, 2011 8:00 p.m.

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

The meeting began with the Pledge to the Flag.

CONTINUATION OF A PUBLIC HEARING – TATTOO PARLORS

Mayor Fixell stated that the Board will open this public hearing, hear comments and then close the hearing. The Board made changes to the original proposed legislation requiring the re-notice of the new legislation and will hold a new public hearing at our next meeting on October 3, 2011.

Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be opened.

Chuck Hognell, prospective tattoo parlor owner, stated the following:

He is an independent business creating art work for individual clients on a personal level; doesn’t see how that ruins the quaintness of the Village. Tattoos today are not about violence.
He submitted to the Village Clerk 315 signatures from Village residents and people who work in the Village.

Mike Love, owner of Coffee Lab Roasters, stated the following:

Tarrytown is a very progressive Village and is very diverse.
It will bring more business to the Village.
Part Art Gallery; part studio – beautiful pieces of art work.
It’s good for the whole, but may not be good for a few.

Lori Semeraro, 205 Martling Avenue, stated that she is concerned that this law may bring multiple tattoo parlors to the Village.

Beth Chesterson, Tarrytown resident, stated the following:

Many people relocate from Manhattan and Brooklyn to Tarrytown because it offers a quieter, less chaotic life, great place to raise a family but still provides the artsy, funky urban appeal that people are not willing to give up.
We need to be open to opportunities that will allow out Village to continue to thrive and grow as well as increase appeal for visitors while staying true to our history.
We have the unique opportunity to support this creative process in our Village; guidelines set by the Mayor and Board of Trustees will ensure compliance of safe practice, as well as a business that is professionally run and integrates itself into the fabric of our community.

Danielle Chung, Tarrytown resident, stated that she agrees and understands that tattoos are an art form, but she believes there are still perceptions and misconceptions and it may affect property values in the Village. She likes Tarrytown for the small-feel of the community and she doesn’t think tattoo parlors have a place here.

Denise Wolfe, 23 Main Street, stated the following:

Everyone has their own personal perceptions of what Tarrytown is to them and how they feel about it, but laws should be based on facts, not feelings.
She would like someone to point out to her a court case proven that someone actually transmitted hepatitis from a tattoo; she couldn’t find one.

Alfred Coco, Tarrytown resident, states the following:

With regard to health risks, the Food and Drug Administration which in acknowledging its jurisdictional responsibilities governing the safety of tattoo inks has stated: “because of other public health priorities and a previous lack of evidence of safety concerns, FDA has not traditionally regulated tattoo inks or pigments used in them. The FDA upon considering this issue has taken the position that negative skin reactions related to tattoo ink are such minor in severity or occur so infrequently so as to warrant no additional FDA involvement to date.”
Tattoos are not a subcultural phenomenon restricted to criminals and pop stars; they are an increasingly mundane cosmetic expression. People who have tattoos and want tattoos are already working and living in Tarrytown.
A tattoo parlor will not harm the character of Tarrytown, but will rather reaffirm the inclusiveness of this community.

Melissa Newman, Tarrytown visitor, stated the following:

She likes that Tarrytown is an artistic community.
She puts a very high premium on cultural diversity in any environment.
Tattoo shops are an artistic expression.
On behalf of her generation and younger, it’s not ignorance that makes us want cultural diversity, its acceptance.

Karen Ringen, Sleepy Hollow resident, stated the following:

It’s important to have diversity in Tarrytown.
She has never seen an infection from a tattoo, but has seen an infection from a manicure.

Dan, Tarrytown resident, stated the following:

A government ought to contain in itself every power and requisite to the full accomplishment of the objects committed to its care and to complete execution of the trust for which it is responsible free from every other control but regard to the public good and the sense of the people.
Hepatitis B is transmitted by sexual contact, blood transfusion and dirty needles. Chuck Hognell abides by New York City standards. There is no re-using of needles. He runs a sterile, immaculate shop.
It makes good public sense to allow Chuck Hognell to conduct business in this town. He met and exceeds the Hep B standards. All that is left is public fear, stereotype and prejudice and that doesn’t make good public sense to him.

Daniel Silvers, stated the following:

New York City regulates tattoo parlors; you have to go through a series of classes. Chuck Hognell has gone through above and beyond what he is required to do.
New York State does not regulate tattoo parlors. They regulate hair salons, nail salons and restaurants.
Westchester Department of Health does not regulate tattoo parlors.
It doesn’t sound fair to put limitations on any business owner who wants to open any business.

Jordan, client of Chuck Hognell, stated the following:

Tarrytown prides itself on having lots of culture here, such as art galleries and a music store. To have Chuck Hognell run his tattoo shop in Tarrytown will intensify the culture that much more.
It will bring business into the Village.

Ray Tuohy, 11 Storm Street, stated that he was concerned that Tarrytown could potentially have multiple tattoo parlors.

Santo Penalo, Sleepy Hollow resident, stated the following:

Concerned about the children and the image of a tattoo parlor.
A tattoo parlor will change the historic character.

Daniel Silvers, stated the following:

It is a New York State Law that you have to be 18 years of age to get a tattoo. You cannot be 17 with a parent’s signature. Only exception is for medical reasons.

Sandra Hickey, Sleepy Hollow resident and works in a tattoo shop in the Bronx, stated the following:

Tattoo parlors will not negatively affect your children, but bars in town can negatively affect your children, because people can get drunk and go out and drive and kill them, but there is no limitation on how many bars in town.

Brian, Sleepy Hollow resident, stated the following:

It is safer to know you have someone who is reputable and safe to go to, than to go to someone’s basement.
A lot of the opposition to tattoo parlors is discrimination against people with tattoos. He is teaching his son not to discriminate against people for the color of their skin. He finds it disheartening in this day and age.

Joe Queenan, 206 Wilson Park Drive, supports tattoo parlors and thinks it is a legitimate business. He believes that future Village board members will be sitting up there with tattoos.

Mike Love, Coffee Lab Roasters, stated that tattoo shops don’t raise our children, we raise our children. We teach them values and right from wrong. He doesn’t believe a tattoo parlor is going to affect the feel of the Village.

Christina Sarofeen, Tarrytown resident, stated the following:

Asked the Board what has changed that the Village will be able to regulate tattoo parlors?
A tattoo parlor has no place in a historic Village.

Daniel Silvers, stated that Rockland County regulates tattoo parlors and the proposed Tarrytown code will require Chuck to have inspections by the Rockland County Department of Health at his cost.

Christina Sarofeen, Tarrytown resident, asked how the needles would be disposed of.

Sandra Hickey, Sleepy Hollow resident, stated that tattoo needles come individually packaged and after used, go into a sharps container, never to be used again. Medical waste companies are hired to pick up the sharps container.

Steven Cerbone, Rosehill Avenue, stated that as a tax payer, he doesn’t feel that it fits historic Tarrytown.

Santo Penala, Sleepy Hollow resident, stated that he doesn’t believe that a tattoo parlor will bring positive change to the Village.

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby close 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.

CONTINUATION OF A PUBLIC HEARING – TAXI AND LIVERY DRIVERS LICENSES

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

Lori Semeraro, 205 Martling Avenue asked what the benefit is for the Village for turning the taxi driver licenses to the County TLC. Mayor Fixell stated that the primary benefit is that the County TLC are experts in this process and that they would be taking on liability for any problems that may occur with regard to any license that is granted.

Barbara Monohan, Chairperson of the Westchester County Taxi and Limousine Commission, stated that the driver’s fingerprint is monitored closely. The WTLC has a direct line into the Department of Motor Vehicles and receive reports daily regarding insurance lapses and any driver infractions. They require defensive driving courses and annual drug tests.

Joseph Kelly, taxi driver, asked if the taxi driver will be required to have both a TLC and a Tarrytown license. Mayor Fixell stated that the taxi driver will only be required to have a County TLC license, not a Tarrytown license. Ms. Monohan, Chairperson of the WTLC stated that there is a one-time fingerprint fee of $90.00 and an annual TLC license of $135.00, which includes an annual drug test and a defensive driving course, which is required every 3 years.

Felix Lantigua, taxi driver, stated the following:

- Does his company or taxicab have to be registered in Westchester County to work in

Tarrytown. Ms. Monohan stated that he does not.

With a TLC driver’s license, will he be able to pick up passengers anywhere in Westchester County with a taxi plate?
He just renewed his taxi driver’s license including a fee for fingerprints and will now have to pay for another fingerprint and TLC application. Mayor Fixell stated that the Board will look into a possible pro-rated refund to the driver.
He only sees this as costing taxi drivers more money. Tarrytown does a thorough background check right now and he doesn’t see any difference if the TLC takes over.
Why don’t we get a Westchester County vehicle license too, so we can go all over Westchester County?
He doesn’t think it makes sense to require a TLC license to drive a taxi within Tarrytown.

Santo Penala, taxi driver, stated the following:

- If we get a County TLC license, we should be able to operate our Tarrytown licensed taxi

vehicle anywhere in the County. Ms. Monohan stated that County TLC

licensed drivers can drive anywhere in Westchester, New York City and Nassau County.

He is in favor to have all taxi drivers licensed by the WTLC for safety reasons.
He believes that with a WTLC driver’s license, it will be illegal for him to operate his taxi vehicle with a taxi plate when he goes to the airports.
If this legislation passes, how long will we have before the law takes place? Trustee Zollo stated that in the law it states 60 days.

Christian Arpi, taxi driver, stated the following:

Asked what the benefit is for taxi drivers to be regulated by the TLC? Mayor Fixell stated that the benefit is for the Village as a whole. The primary benefit is to have the expertise of the Taxi and Limousine Commission.
He believes that the Village does a good job regulating the taxi drivers.

Victor Arpi, taxi driver, stated that taxi drivers don’t make enough money in Tarrytown to afford the new TLC fees.

Felix Lantigua, taxi driver, stated the following:

He will no longer have a license to display in his vehicle; the TLC license is like a NYS driver’s license that goes in your pocket. He doesn’t think that is safer for the passengers.

Tom Riccio, County Taxi and Limousine Commission, stated that if the Village requires a license to be displayed, so it will be. Mr. Lantigua asked if the cost for the displayed license will be a cost to the driver. Trustee Basher stated that the Board will look into that and get back to him.

Darwin Duchi, taxi driver, stated that he has a TLC license and he has gotten a lot of tickets that cost a lot of money. He now only operates his taxicab with his Tarrytown driver’s license.

Christian Arpi, taxi driver, stated the following:

- If he has a WTLC license and drives his Tarrytown licensed taxicab to Westchester Airport,

will he get a ticket. Tom Riccio of the County Taxi and Limousine Commission stated that as long as the enforcement officer is aware that the Village of Tarrytown requires a WTLC license; he will not get a ticket. Mr. Arpi asked if he has a WTLC license and drives his Tarrytown licensed taxicab to New York City airports, will he get a ticket. Mr. Tom Riccio of the County Taxi and Limousine Commission stated that he won’t get a ticket for the TLC driver’s permit, but he can get a ticket for the vehicle for driving it illegally. Mr. Arpi stated but in Tarrytown, it is required to have a TX vehicle license. Trustee Basher asked him if it is

illegal now for him to drive to New York City. Mr. Arpi stated that it is not, he just has to show that he has a hack license and a cab license from the Village.

It makes no sense to have a WTLC driver’s license and a taxi cab license which will only be good in the Village of Tarrytown. We are providing a service for the Village and he doesn’t think it is fair that we will be getting tickets. Mr. Tom Riccio of the County Taxi and Limousine Commission stated that with a WTLC driver permit, the driver will be able to operate in the Village of Tarrytown. When the TLC operator leaves Tarrytown, the taxicab vehicle is considered a for-hire vehicle which comes under the TLC umbrella and that it is an illegal operation.

Santo Penala, taxi driver, stated that the cost of the WTLC driver’s permit doesn’t concern him, but what concerns him is the fact that once his taxicab leaves Tarrytown, he will be operating his taxicab illegally. He doesn’t want to operate illegally. He would like the Village to allow us to have our vehicles licensed by the WTLC so we can operate properly and legally.

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

WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby close 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 table the vote to a future meeting.

CONTINUATION OF A PUBLIC HEARING – FILMING (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 19^th 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 Basher moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be opened.

Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one

appeared.

Trustee Basher moved, seconded by Trustee Butler, and unanimously carried, that the hearing be closed.

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

WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby 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.

WHEREAS, a public hearing was held for the proposed action on September 7, 2011 and September 19, 2011; and

WHEREAS, a notice of public hearing was published in the Journal News on August 19, 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 do hereby determine 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. 7 of 2011.

CONTINUATION OF A PUBLIC HEARING – BUSINESS PARKING PERMIT (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 19^th 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 a 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.

BY ORDER OF THE BOARD OF TRUSTEES

OF THE VILLAGE OF TARRYTOWN

Trustee Butler moved, seconded by Trustee McGovern, and unanimously carried, that the hearing be opened.

Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one

appeared.

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

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

WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby 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; and

WHEREAS, a public hearing was held for the proposed action on September 7, 2011 and September 19, 2011; and

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

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 8 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

Mayor Fixell stated that given the circumstances that have occurred over the last several weeks, we will not be answering questions with regard to personnel or with regard to the issues that took place on September 6, 2010 regarding the deaths of John Kelly and Anthony Ruggierio Jr. We will listen to comments and we will ask that anybody who has specific questions to please submit them in writing so they can be answered properly and with due consideration, should the Village be able to answer the questions. The Village cannot answer questions that are personnel related or concern pending or current litigation.

Eleanor Miscioscia, Storm Street, asked why the public could not speak at the Board of Trustees September 8, 2011 Public Hearing. Mayor Fixell stated that it was a special meeting, not a public hearing.

John Stiloski, 54 Walnut Street, stated the following:

Are the minutes of February 22, 2011 Board of Trustees meeting going to be corrected with respect to Administrator Blau stating that he didn’t know the hearing officer. Attorney Shumejda stated that the minutes are correct as they were prepared. Mr. McCarthy said, (this is not verbatim, pretty close to it) - there is a hearing officer being hired. He said Mr. Peter Korn. Mr. Shumejda answered “no,” not Mr. Korn. Mr. McCarthy asked how the list of names came about. Mr. Shumejda stated that he got the list from Westchester County. Mr. McCarthy asked if Mr. Shumejda knew the person. Mr. Shumejda stated, “yes,” that he knows virtually all the people on the list. Mr. Blau said that he did not. We were talking about George Fifidio.
Mr. Stilsoki stated that at the October 4, 2010 meeting, Mayor Fixell stated when the investigations are complete, we will get a detailed accounting of exactly what happened on that day and we will have answers. Mr. Stiloski asked if he had any answers. Mayor Fixell stated that the answers have been provided in the form that they are permissible to be provided.

Steve Wilgermein, 330 S. Broadway, stated that many people are angry because we still haven’t gotten any answers to anything. We will continue to be here until we get answers.

John Chebetar, Sleepy Hollow resident, asked if you won’t speak to us in this forum, what forum will you answer the questions and will you speak to the families. Mayor Fixell stated that if there are questions that people wish to ask, giving the issues that we are facing here and the circumstances of which they occurred and the personnel matters that are involved, the Board has agreed that people may submit specific questions, then the Village through the Administrator and Attorney will attempt to answer them if we are able to. The Board cannot discuss personnel or personnel issues or litigation in a public forum, it is not appropriate.

Ray Tuohy, Storm Street, asked what the proper forum is for answers to their questions. Mayor Fixell stated that it depends on the questions you ask. There are serious privacy issues involved and labor laws involved regarding personnel matters.

Diane Tuohy, Storm Street stated that you kept saying that we will give you the answers; the answers are in and you owe us the answers. Mayor Fixell stated that these are personnel matters and we are prevented by privacy laws and by civil service law from speaking about these issues.

Lori Semeraro stated that the Village is not going to heal until we get action from the entire board.

Joe Queenan, Wilson Park Drive, stated that an attack on our Mayor is an attack on the people who voted for him. He feels bad about the attacks to the Mayor and wouldn’t want to be in his shoes.

Maureen Kelly Chebetar, Sleepy Hollow resident, stated that she wants answers and for people to own up to what they have done and what they are not doing. She is looking for the truth.

Francesca Spinner, Wilson Park Drive, stated the following:

The Village is still suffering from this tragedy along with the families. She doesn’t believe that the Village can begin to heal with cowardly signs all over town.
She doesn’t believe that slandering a democratically elected government who overwhelmingly got elected earlier this year who do the best they can, essentially volunteers, with the resources that are provided. This is a terrible situation and we live in a litigious society and unfortunately the laws prohibit people with good will to be able to say what you want them to say.
If there is any way to have some mediation and to come to some resolution with this because the pain won’t go away on any side.

John Stiloski, Walnut Street, stated that the Mayor did get re-elected, but the Mayor still has the obligation to protect the safety and health of the employees of this Village.

Christina Miscioscia, Storm Street, stated that she was bothered that the Mayor stated at a prior meeting that he didn’t know about the confined space policy. Mayor Fixell stated that it is not appropriate to be quizzed in this setting.

Regina Mignogna, Wilson Park Drive, stated the following:

The signs that are in the Village are creepy.
How long will people rub salt in the wounds of the families and the Village?
The board donates their time; she admires the entire Board and she prays for the Board to be able to withstand all of the berating.
She appreciates all of what the Board does and knows the Board has good intentions. She has high regard for the Board and thinks you are doing a great job for the Village.

Steve Wilgermein, 330 S. Broadway, asked if the Board spoke to the families the night of the incident or go to the hospital? Mayor Fixell stated that at the time of the incident, it was an extremely distressing, disturbing and confusing

situation; one that we never dealt with anything like this before. The Mayor stated that he does regret that he didn’t go to the hospital.

Diane Tuohy, Storm Street, stated that she understands that the Mayor or board members may not have the answer immediately, but she would like the Board to come to the next meeting prepared.

Carole Griffiths, 251 Martling Avenue, stated the following:

What she likes about Tarrytown, is that it is a community with people who volunteer their time to help solve problems. She knows that most of the Board members before running for office have volunteered with the Ambulance Corp, Fire Department and the Elizabeth Mascia Day Care Center; these are people who care.
She understands the hurt of the people’s losses; but to play the blame game, to scream at the Board of Trustees, to have vicious signs is a terrible atmosphere to create in this Village and doesn’t believe it is going to help solve the problems.
The signs have vicious language and they are a bad example to children; it is not the way we want our children to learn how to solve problems.
She would like to see the signs come down and for the people who want to really solve these issues work together.

Ray Tuohy, Storm Street, stated that the Board ran on open government and he doesn’t feel that open government is being portrayed here.

Pete Lombardi, 33 Main Street, stated that the signs are freedom of speech.

Francesca Spinner, Wilson Park Drive, stated the following:

She doesn’t believe that anonymous slanderous signs are freedom of speech.
Is there a possibility that the families of the victims could request another report because the first one wasn’t adequate? Mayor Fixell stated that we have sent the letter and petitions to various state and county agencies.

Michael Love, 7 Main Street, stated that we lost two Village members and he hopes that the Village will soon give the families an answer to what happened.

Lori Semeraro, 205 Martling Avenue, stated that since we changed over to our new broadcast system, the last meeting was not being re-broadcasted.

BOND RESOLUTION, DATED SEPTEMBER 19, 2011, AUTHORIZING THE ISSUANCE OF UP TO $3,690,450 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 computer software, (ii) ELECTRICAL AND HVAC improvements to VILLAGE buildings, (iii) the ACQUISITION OF REPLACEMENT OF FIRE BOAT MOTORS, (iv) improvements to village ROADS, (v) the acquisition of machinery and apparatus for construction and maintenance, (VI) THE acquisition of fire-fighting equipment and apparatus and (VII) IMPROVEMENTS TO THE village water systeM, IN AND FOR THE VILLAGE

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

WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), located in the County 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 computer software ($81,600), (ii) electrical and HVAC improvements to Village buildings ($40,800), (iii) the acquisition of replacement of fire boat motors ($39,270), (iv) improvements to Village roads ($193,800), (v) the acquisition of machinery and apparatus for construction and maintenance ($132,600), (vi) the acquisition of fire-fighting equipment and apparatus ($989,400), and (vii) improvements to the Village water system ($2,212,980), 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 $3,690,450, all in accordance with the Local Finance Law;

NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, County of Westchester, State of New York, as follows:

Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $3,690,450, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described.

Section 2. The specific objects or purposes, or class of objects or purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific object or purpose, or class of object or purpose, the principal amount of serial bonds authorized in this bond resolution for such specific object or purpose, or class of object or purpose, and the period of probable usefulness of such specific object or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:

(a) The acquisition of computer software for the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $81,600, for which $81,600 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 81(b) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(b) The acquisition, construction and reconstruction of electrical and HVAC improvements to Village buildings, including any applicable equipment, machinery and apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $40,800, for which $40,800 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law (such buildings being of “Class A” construction as that term is defined in Section 11.00 of the Local Finance Law). Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(c) The acquisition of fire boats for the Village, including any applicable equipment, machinery and apparatus necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $39,270, for which $39,270 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 26 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(d) The acquisition, construction and reconstruction of improvements to roads in and for the Village, including any applicable equipment, machinery and apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $193,800, for which $193,800 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(e) The acquisition of machinery and apparatus for construction and maintenance in and for the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $132,600, for which $132,600 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(f) The acquisition of fire-fighting vehicles and apparatus in and for the Village, including any applicable equipment, machinery and apparatus necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $989,400, for which $989,400 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of twenty (20) years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(g) The acquisition, construction and reconstruction of improvements to the Village water system, including any applicable equipment, machinery and apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $2,642,980, for which $2,212,980 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of forty (40) years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.

Section 3.The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $4,120,450; (b) except as set forth on the financial records of the Village Treasurer, no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds authorized herein, or from the proceeds of bond anticipation notes issued in anticipation of such serial bonds and (ii) certain other funds of the Village, including monies previously authorized by the Village in a bond resolution adopted on July 20, 2009; (d) the maturity of the obligations authorized herein may not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs of the Project for which proceeds of such obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item.

Section 4.Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize serial bonds as authorized herein, and bond anticipation notes in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds authorized herein and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village (or attach a facsimile thereof) on all such serial bonds and bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer.

Section 5.Each of the serial bonds authorized by this bond resolution and any bond anticipation notes issued in anticipation of the issuance of such serial bonds shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Village are hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due.

Section 6.When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in the Journal Newspaper, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this bond resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.

Section 7.Prior to the issuance of the obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of the obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project constitutes a “Type II Action” under the regulations of the State of New York promulgated pursuant to the State Environmental Quality Review Act which, as such^,will not have a significant effect on the environment.

Section 8.The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the serial bonds authorized herein or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made with respect to the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village.

Section 9.For the benefit of the holders and beneficial owners from time to time of the obligations authorized herein, the Village agrees in accordance with and as an obligated person with respect to the obligations under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations authorized herein in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made.

Section 10. This bond resolution will take effect immediately upon its adoption by the Board

of Trustees of the Village.

AWARD A BID FOR GENERATORS AT CONSOLIDATED ENGINE AND WASHINGTON ENGINE

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

WHEREAS, bids were opened on January 21, 2011for four (4) firehouses and the Senior Center; and

WHEREAS, the bid specification provided for the furnishing and installation of generators at Consolidated Engine Company, Phenix Hose Company, Riverside Hose Company, Washington Engine Company and the Senior Center; and

WHEREAS, the bid specification provided for a separate bid for each of the five buildings in order to allow for the Board of Trustees to award a contract for individual buildings or all of the buildings; and

WHEREAS, on February 22, 2011, the Board of Trustees approved the furnishing and installation of the generators for the three buildings, Phenix Hose Company, Riverside Hose Company and the Senior Center and to seek additional funding for the remaining two firehouses; and

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby proceed the bid for the furnishing and installation of generators to the lowest responsible bidder, Morabito Electric Inc., Sleepy Hollow, New York per the following bid:

Furnish and install a generator at Consolidated Engine firehouse - $42,800
Furnish and install a generator at Washington Engine firehouse - $42,800

BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute a contract with Morabito Electric Inc. for the installation of the two generators.

SCHEDULE A PUBLIC HEARING – TATTOO PARLORS

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 schedule a new Public Hearing for the regular meeting of October 3, 2011, at 8 p.m., at Village Hall, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and act upon a proposed amendment to 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.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 7, 2011

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 approve the minutes of the regular meeting of the Board of Trustees held on September 7, 2011 as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 8, 2011

Trustee McGovern moved, seconded by Trustee Zollo, that the following resolution 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 does hereby approve the minutes of the special meeting of the Board of Trustees held on September 8, 2011 as submitted by the Village Clerk.

APPROVAL OF AUDITED VOUCHERS NO. 1021 THROUGH NO. 1188

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. 1021 through No. 1188 is hereby ordered paid in the following amounts:

General $ 329,510.69

Water 76,705.37

Capital 57,069.75

Library 2,472.47

Trust & Agency 35,474.65

Total $ 501,232.93

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 1110, 1143, 1165, 1053, 1175 and 1176 and Trustee Hoyt who abstained from Voucher Number 1060. Motion carried. 7-0

ADJOURNMENT

Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried that the meeting be adjourned at 11:53 p.m.

Carol A. Booth

Village Clerk