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Village Board of Trustees Minutes 10/3/2011
                                                                        Board of Trustees
                                                                Village of Tarrytown
                                                                Regular Meeting No. 17
                                                                October 3, 2011  8:00 p.m.

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

ABSENT:  Trustee McGovern

The meeting began with the Pledge to the Flag.

REPORTS

Trustee Basher stated that the AAA of New York has awarded our community the “Gold Award” in the 2010 Community Traffic Safety Awards Program.  We received this award because our pedestrian accident rate is within the range of normal for a community our size, we had no pedestrian fatalities, we participate in the AAA Traffic Safety Program and we interact with the community on traffic issues through our citizens’ council, which is the Transportation Council.  He congratulated the Police Chief, the entire Police force and our entire community for keeping our roads safe for pedestrians.

Trustee Hoyt stated that the Village’s Annual Halloween Parade is coming up this month.  For information, please contact the Recreation Department.

Trustee Butler, stated that he would like to thank Amy Wesson, Chairperson of the Lakes Committee, for her wonderful work and a job well done as Chairperson.  

VILLAGE ADMINISTRATOR’S REPORT

The paving project in the Village is complete with the exception of the paving of the McKeel Avenue parking lot.  There are temporary lines on the newly paved roads denoting the middle of the road.  The Village has contacted the Town of Greenburgh to schedule in the repainting of lines on the streets which will be painted in the same location as the previous lines.  We anticipate the line painting to occur by the end of October.  The repaving of the McKeel Avenue parking lot will be completed by mid-November.  

 PUBLIC HEARING – TATTOO PARLORS (adopted)

A LOCAL LAW to amend §268 of the Code of the Village of Tarrytown entitled “Tattoo Parlors” to allow for tattoo parlors in the Village of Tarrytown subject to restrictions.

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.
The Board of Trustees of the Village of Tarrytown has determined that the rationale for prohibiting tattoo parlors from existing in the Village no longer exists and that tattoo parlors should be permitted in the Village subject to reasonable restrictions that would protect the health, safety and welfare of the residents and visitors to the Village.
B.      Legislative Intent.

It is the intent of the Board of Trustees of the Village of Tarrytown 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 restrictions.

Material to be deleted appears in parenthesis ( ), material to be added is in bold typeface.

SECTION 2. RESCINDING OF CHAPTER §268 ENTITLED “TATTOO PARLORS” of the Code of the Village of Tarrytown entitled “Tattoo Parlors”.
                                                                                                            
Chapter §268 of the Code of the Village of Tarrytown entitled “Tattoo Parlors” is hereby rescinded in its entirety.   

SECTION 3. ADOPTION OF NEW CHAPTER §268 OF THE CODE OF THE VILLAGE OF TARRYTOWN ENTITLED “TATTOO PARLORS”

§ 268-1.  Tattoo parlors permitted.
Tattoo Parlors shall be permitted only in the Restricted Retail zoning district.  

§ 268-2.  Definitions.
  • Body Piercing.  Body Piercing shall mean puncturing or penetrating the skin of a client with presterilized single-use needles and the insertion of presterilized jewelry of other adornment into the opening.  Such term shall not include tongue splitting.  
  • Cosmetic Tattooing.  Cosmetic tattooing shall mean a method of tattooing, which involves placing ink or other pigment into or under the skin, including but not limited to the eyelids, eyebrow area and lips, by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration.
  • Tattooing.  Tattooing shall mean any method, which involves placing ink or other pigment into or under the skin by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin.  
  • Tattoo Parlor.  Tattoo parlor shall mean an establishment where body piercing, cosmetic tattooing and tattooing are performed.  Tongue-splitting is expressly prohibited.   
  • Tongue-splitting.  Tongue-splitting shall mean the cutting of a person’s tongue into two (2) or more parts.
§ 268-3.  Distances from other tattoo parlors; schools
  • A tattoo parlor shall be no closer than five hundred (500) feet to a lot containing another existing tattoo parlor.  
  • A tattoo parlor shall be no closer than five hundred (500) feet to a lot containing any school.
  • Any distancing restrictions provided in this Chapter shall be measured along public streets by the shortest route of pedestrian traffic between the respective main public entrances or measured horizontally between the respective main public entrances, whichever is greater.
§ 268-4.  Displays; Signs
A tattoo parlor shall have no visual or graphic displays or graphic advertising of services performed.  A tattoo parlor may have the business name on a sign, in accordance with the provisions of Chapter 251, Signs.
§ 268-5.  Licenses; Certifications; Costs.
  • The tattoo parlors shall obtain and maintain at all times any licenses and approvals required now or in the future by Westchester County or the State of New York governing such activities.
  • In the absence of any regulation by Westchester County or the State of New York, the owner and/or operator of a tattoo parlor shall certify to the Village, on an annual basis, compliance with the Rockland County Sanitary Code, Article XVI, Body Art.  Such certification shall be provided to the Village Administrator.  
  • Should the Village Administrator believe that it is necessary to hire an individual or firm to determine compliance with the Rockland County Sanitary Code, the Village Administrator shall provide notice to the owner and/or operator of a tattoo parlor and the costs associated with this compliance determination shall be borne by the owner and/or operator.  
§ 268-6.  Hours of Operation.
The hours of operation of a tattoo parlor shall be limited to 9:00 a.m. to 9:00 p.m. Monday through Saturday and 11:00 a.m. to 7:00 p.m. on Sunday.

§ 268-7.  Restrictions on Locations of Tattoo Parlors in Restricted Retail District; Restrictions on Operations.

  • Tattoo parlors shall not be permitted in the Main Street Historic District.
  • The operation of a tattoo parlor located on the ground and/or first floor of a building shall be screened in a manner that the tattooing and/or piercing are not visible from the window.
  • Tongue-splitting is not permitted.
SECTION 4.  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 Zollo, and unanimously carried, that the hearing be opened.

Administrator Blau stated that for a point of reference, he took the Village’s measuring wheel to measure 500 feet.  He started at a point on the northwest corner of Main Street and Broadway going north and 500 ft. took him to the Tarrytown Gourmet.

Lori Semeraro, 205 Martling Avenue, asked how we are going to regulate tattoo parlors.   Trustee Zollo stated that we are going to follow the Rockland County Sanitary Code at the owner’s expense.

Christine Sarafeen, 123 Altamont Avenue stated the following:
  • She asked the Board if they are going to change the code to include a clause that states until such time that Westchester County or the New York State implements regulation of tattoo parlors.
  • She stated that although there is a New York State law with respect to an age requirement regarding inking a child, there is no law with regard to piercing a child.
  • She asks the Board to keep in mind the best interest of our very small community.  She would like the Board to hold off on this amendment until Westchester County and New York State implements a regulation.
  • If the Tattoo Parlor legislation passes, maybe the Village can require an annual special permit from each parlor to ensure all inspections and certifications are met.
John Garibaldi, 3 Hudson Street, stated the following:
  • Health risks involved in receiving a tattoo: 1 – Allergic reaction to tattoo dyes;  2 – Skin infections; 3 -  Other skin problems, such as bumps on the tattoo site; 4 – blood borne diseases, which have decreased in tattooing because many tattoo parlors are following sterile techniques; 5 – MRI Complications; and 6 – Removal of tattoo problems.
  • He doesn’t believe a tattoo parlor is the right business for Tarrytown.
Beth Chesterson, Baylis Court, stated that it is her understanding that minors under the age of 18 cannot get pierced without parental consent.

Christine Sarafeen, Altamont Avenue, stated that Ms. Chesterson’s statement is not accurate.  If you call New York State Department of Health, they will tell you that any child of any age can be pierced without parental consent.

Steven Cerbone, Rosehill Avenue, stated if he owns a tattoo parlor in Mahopac, and the Board is assuming that the person who requested the Board consider allowing tattoo parlors is going to run the one in Tarrytown; he can’t be in two places.  So we don’t actually know who will be running the parlor in Tarrytown.  Mayor Fixell stated that we are not approving any one particular tattoo parlor; what we are considering is a proposed law that would permit such a business.

Martin Hauser, 17 Windle Park, stated that he hasn’t heard of any reason not to have a tattoo parlor in Tarrytown.  He supports tattoo parlors unless somebody can convince him differently.

Christine Sarafeen, Altamont Avenue, stated that one reason is the Village of Tarrytown cannot supervise a tattoo establishment and that it is not in the best interest of our community.  Mayor Fixell stated that part of this law requires an annual inspection/certification and that certification will be backed up by an independent health consultant.

Lori Semeraro, 205 Martling Avenue, stated the following:
  • In response to Mr. Hauser’s question, both Village of Pleasantville and Dobbs Ferry have tattoo parlors.  Both Villages have passed a law to now outlaw tattoo parlors in their Village.  The two existing tattoo parlors have been grandfathered.
  • Her concern is not who we will be attracting to Tarrytown but who we will not be attracting to Tarrytown because you now have a tattoo parlor.
  • It should be written in the law that the annual inspections shall not be scheduled in advance.
Bonnie Boyce, 27 Loh Avenue, stated the following:
  • She doesn’t feel as a Village we can tell people not to get tattoos.  She asked the Board not to pre-judge people by their looks.
  • If her children at 18 decide to get a tattoo, she would rather them get their tattoo in Tarrytown where she will know the owner of the tattoo shop and can check out the shop rather than someplace in New York City.
  • She doesn’t think we need to over-regulate or demonize tattooing.
Karen Garibaldi, 3 Hudson Place, stated that she speaks on behalf of young adults and their parents.  Young adults are impressionable, they bow to the latest and the greatest, they bow to peer pressure, they bow to fads and what’s current or what will get them a friend.  She believes that we owe it to them and their parents who wish them not to make rash, influenced decisions, not to have the tattoo parlor in Tarrytown.  She would like for it to be more difficult for a person to get a tattoo that is permanent, has health risks and is not fully regulated.

Santo Penala, Sleepy Hollow resident, stated the following:
  • Tattoo parlors will change the feel of our historic Village.
  • What good will tattoo parlors bring into the Village and how bad will it be if you don’t allow it.
  • Along with the physical health risks that have been mentioned, he believes it may cause psychological damage as well.   He believes it is very easy to get a tattoo and very difficult to remove one.
Dan Silvers, Sleepy Hollow resident, stated the following:
  • Tattooing is purely an expressive act fully protected by the first amendment.  This is a business he wants to open up that he has the right to do it and is fully protected.
  • At 18, you are a mature adult and responsible for your own actions.
Tiffany from Harrison stated that she understands the residents’ concerns on how tattoos may affect their children.  Her answer is simply to educate them.  

Steve Cerbone, Rosehill Avenue, stated the following:
  • If you are a parent, you do feel different about tattoos.
  • Nail salons do have to post a permit, tattoos are not regulated.
  • If someone does get a tattoo underage, who would prosecute the case?  Mayor Fixell stated that it is a state law.
Attorney Shumejda stated that under the Rockland County Sanitary Code, inspections are done annually, but they can be done at any time.  Under the Rockland Sanitary Code, the permit granting agency can suspend the permit without cause or notice for five days, an immediate suspension, and there is a mechanism for investigating any or all complaints.

Mayor Fixell stated that he received a letter from the Tarrytown Seniors that noted that 128 seniors were present at a meeting and a majority of those present were not in favor of the legislation.

Mark Fry, Sleepy Hollow resident, stated that he doesn’t think that the Village has anyone on staff to enforce this law.  He thinks that any law being enforced by a third party can be problematic.  Of all the business fronts in Tarrytown, he would not envision a tattoo parlor as his choice as a use.  He thinks it would be unwise for this Village to allow something that requires regulation where the regulations are not yet in place.

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

Trustee Butler stated that this Board has spent a great amount of time and consideration on this new legislation.  He has thought long and hard about his decision.  His vote is yes, because he cannot discriminate against a business.

Trustee Basher moved, seconded by Trustee Zollo, that the following resolution be approved.

Motion carried, all voting “aye” with the exception of Trustee Hoyt who voted “no” Approved: 5-1
          
AMENDMENT TO PROPOSED LOCAL LAW (to be adopted separately than resolution to approve the amendment to the Village Code)

BE IT RESOLVED that Section 268-7 of the proposed amendment to the Code of the Village of Tarrytown is hereby amended to eliminate the requirement that tattoo parlors may not be on the ground and/or first floor, to add a restriction to screen the actual operation of tattooing and piercing from visibility from the windows and to prohibit tongue splitting.

Trustee Zollo moved, seconded by Trustee Basher, that the following resolution be approved.

Motion carried, all voting “aye “with the exception of Trustee Hoyt who voted “no” Approved: 5-1

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby 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; and

WHEREAS, a public hearing was held for the proposed action on August 15, 2011; September 7, 2011; September 19, 2011 and October 3, 2011; and

WHEREAS, a notice of public hearing was published in the Journal News on July 22, 2011 and September 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. 9 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

Robert Goldstein, 59 Sheldon Avenue, stated that he was given an unsigned letter from a Village resident complaining about the fire whistle in Tarrytown.  He asks the person who put this letter on the poles on Main Street and on the firehouse to join the fire department instead of questioning why we go out in the middle of the night.  It is important that the fire whistle alarm blows three rounds in order for firefighters to know to respond.  It is important to maintain the use of the whistle in case the pager system malfunctions.  People who don’t sign letters and attack people are wrong.

Mark Fry, Sleepy Hollow resident, stated that he has seen a van parked at Patriots Park with repugnant, vile signage that is critical of Village officials.  The signs are anonymous.  People should make sure that their allegations are true.   He has followed this tragic accident from the beginning and has seen every press conference and has read every press release and he feels that the Administrator and the Board have expressed their condolences very appropriately.    He thinks that this is a time for this community to unite in support of these families, with the fire department, the Board of Trustees and the rest of the community.  This is the time for the healing to begin.

John Chebetar, Sleepy Hollow resident, stated that it is his van with the signs and it says on the signs that it is from the concerned citizens of Tarrytown.  It is his first amendment right to say and protest publicly to bring awareness.   He stated that there will be a web site soon so people can know all the facts.  We reserve that right to protest what we feel is an injustice.  He is sorry if anyone is offended, but we are also offended and appalled.

Steve Wilgermein, 330 S. Broadway, stated the following:
  • We have not been given any answers since September of 2010.   
  • On October 16, 2011, at the National Fire Training Center, in Maryland, John Kelly is going to be added to the wall of the Fallen Firefighters Memorial.  
Maureen Kelly Chebetar, Sleepy Hollow resident, stated that she believes that everyone who should have been interviewed were not interviewed during the independent investigation.   She feels that her family will never get the truth and it is a disservice to her brother’s memory.

John Stiloski, 54 Walnut Street, stated the following:
  • Who was responsible for hiring Ernie Stolzer, who was involved in the independent investigation?   How long was Mr. Stolzer our Labor Attorney for the Village?
  • How was the independent investigation a fair investigation if Mr. Stolzer has worked with the Administrator who was part of the investigation?
Diane Tuohy, 11 Storm Street, asked if the hearing officer’s report would be available to her.  Attorney Shumejda stated it is not subject to FOIL due to the privacy issue.

Dan Silvers, Sleepy Hollow resident, asked how we stand on Chapter 268, Tattoo Parlors.  Mayor Fixell stated that the Board passed the legislation.

John Stiloski, 54 Walnut Street, asked who the Safety Officer is for the Village.  Administrator Blau stated that there is no set Safety Officer; there is a Safety Committee.  Jim Hart is the Chairperson for the Safety Committee.  Mr. Stiloski asked how often the committee meets.  Mr. Hart stated that on a monthly basis, he contacts the Union and the DPW Supervisor and we either schedule a meeting or if there is nothing to discuss, we may skip a month.  He asked if there are minutes of the meetings.  Mr. Hart stated that there are minutes.  Mr. Stiloski asked who is on the Safety Committee.  Mr. Hart stated himself, Michael McGarvey, Joe Arduino, Scott Weaver, Ivan Koraca, Pat Saldis and Jim Lawlor and members of the Police Department and the Library.  Mr. Stiloski asked why the fire department was not included.  Mr. Hart stated that this committee came out of an agreement between the Village and the C.S.E.A. and the Police asked to join.

Lori Semeraro, 205 Martling Avenue, stated the following:

  • She understood that the Board meetings would be able to be accessed on our web site and wanted to know when this would occur.  Administrator Blau stated that he will get back to her with dates, but that we are still working out the bugs in the system.
  • She asked how much Village money was spent on the repairs to Riverside Hose so the new fire truck would fit.  Administrator Blau stated that we didn’t spend much, but he would get back to her with the total cost.
  • She asked who is responsible for the ditch filled with water near the new Briarcliff Manor Water pump station and what is going to be done to make this safe.  Administrator Blau stated that it is Briarcliff Manor’s responsibility and there will be guide rails installed around it.   Ms. Semeraro asked about the issue of standing water and the growth of mosquitoes.  Mayor Fixell stated that it is a retention pond and that he believes gets treated for mosquitoes.
  • She asked for a Pierson Park construction update.  Mayor Fixell stated that on tonight’s agenda, there is a resolution to reject the bids for the park because they came in too high.  The project will then be re-examined and reduced accordingly.  Ms. Semeraro stated that in the meantime the park has been closed.  Administrator Blau stated that the park has always been open.
Carole Griffiths, 251 Martling Avenue, stated regarding the signs, there is certainly freedom of speech, but we are a Village that works together to get things solved; the divisive signs do not help.  It teaches our children that if you
don’t get your way, you just shout and scream.  It’s not the right way to do things; it’s not a way to make Tarrytown a better place.

TAXICABS AND LIVERIES, CHAPTER 273

Trustee Basher stated that he wanted to make sure the taxi drivers know that the Village will be pro-rating refunds to the drivers for their costs when they purchased a taxi drivers license from the Village once they get their Westchester County Taxi and Limousine Commission driver’s permit and present it to the Village.

Trustee Basher moved, seconded by Trustee Butler, and unanimously carried, that the following resolution be approved:  Approved: 6-0

        WHEREAS,  the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 273, Taxicabs and Liveries, to turn over the responsibility for the issuance of drivers’ licenses to the Westchester County Taxi and Limousine Commission; and

WHEREAS, a public hearing was held for the proposed action on August 15, 2011, September 7, 2011 and September 19, 2011; and

WHEREAS, a notice of public hearing was published in the Journal News on July 22, 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. 10 of 2011.

RESOLUTION – FIRE DEPARTMENT MEMBERSHIP CHANGES

Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 6-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the following Fire Department membership changes recommended at the September 20, 2011 Board of Fire Wardens meeting:   Membership:  Brian Roemer was approved for active membership in Consolidated Engine Company.

RESOLUTION – REJECT ALL BIDS FOR PIERSON PARK/ANDRE BROOK PROJECT IMPROVEMENT PROJECTS

Trustee Basher moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be approved:  Approved: 6-0

WHEREAS, bids were opened on September 6, 2011 for the Pierson Park Rehabilitation and Andre Brook Restoration projects; and

WHEREAS, five bids were received and the bids received are listed below:

  • Bradhurst Site Construction                     $4,345,377.00
  • Petrillo Contracting                                    $4,580,000.00
  • Landscape Unlimited, Inc.                               $4,987,000.00
  • Northbrook Contracting                          $5,444,896.00
  • MVM Construction                                        $6,542,031.50
and

WHEREAS, RGR Landscape Architects, the Village’s consultant were directed to review the bids; and

WHEREAS, RGR has reviewed the bids and has determined that the bid numbers of the low bidder are appropriate based upon the specifications for the project; and

WHEREAS, all of the bids exceed the budget for the Pierson Park Rehabilitation and Andre Brook Restoration projects.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby reject all of the bids received for the Pierson Park Rehabilitation and Andre Brook Restoration projects.

BE IT FURTHER RESOLVED that the Board of Trustees requests a review of the plans and specifications by the consultant and the Pierson Park/Andre Brook Design Committee to recommend modifications to the plans to reduce the budget for the projects.  

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 19, 2011 (tabled)

Trustee Basher moved, seconded by Trustee McGee, and unanimously carried, that the following resolution be tabled:  Approved: 6-0

APPROVAL OF AUDITED VOUCHERS NO. 1189 THROUGH NO. 1398

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved:  Approved: 6-0

BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 1189 through No. 1398 is hereby ordered paid in the following amounts:


        General                 $       418,393.91
        Water           81,129.59
        Capital                          231,913.77
        Library                            11,353.92
        Trust & Agency                              2,037.00
        Total                        $       744,828.19

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 1235, 1330, and 1384 and Trustee Hoyt who abstained from Voucher Number 1295.  Motion carried.  6-0

ADJOURNMENT

Trustee Hoyt moved, seconded by Trustee Butler, and unanimously carried that the meeting be adjourned at 10:05 p.m.


Carol A. Booth
Village Clerk