Board of Trustees
Village of Tarrytown
Regular Meeting No. 21
November 21, 2011 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern and Zollo; Administrator Blau; Treasurer Hart; Village Attorney Shumejda; and Village Clerk Booth
The meeting began with the Pledge to the Flag.
MOMENT OF SILENCE – PATRICK PILLA
Mayor Fixell requested a moment of silence in memory of Patrick Pilla, who has recently passed away. Pat was elected Trustee in the Village of Tarrytown in 1972 and served through 1974. He was elected Mayor in 1975 and served through 1983. In 1983, he was elected as Councilman in the Town of Greenburgh, where he served through 1993. He was a friend and a great Tarrytowner and we will all miss him.
REPORTS
Trustee Hoyt reported that on Saturday, December 3rd our 12th Annual Holiday Tree Lighting event will be held at Patriot’s Park at 5:00 p.m. A visit from Santa and refreshments will be offered at the Warner Library following the tree lighting.
Trustee McGovern asked if Metro North has been working at night and if they had a permit to work through the night. Administrator Blau stated that they have worked approximately 8 nights. They are allowed to work at night because they are an authority of the State of New York. They do let us know when they plan to work at night. Trustee McGovern asked if the residents of Franklin Towers can be notified when they plan to work at night in the future.
VILLAGE ADMINISTRATOR’S REPORT
South Washington Street parking lot – the work commenced on November 11 on the parking lot.
The schedule provides for the parking lot to be usable by the first of the year.
Sidewalk Replacement – H Bridge. The work on the bridge began today. The project generates
and considerable amount of noise due to the fact that the sidewalk has to be jackhammered. The
project should take approximately one month, depending upon weather.
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
Christina Sarafeen, Altamont Avenue, stated the following:
- The tattoo parlor owner violated the Village Code with respect to graphic signs in his window. She asked the board to not allow him to put his graphic sign in the window which violates the Village Code and to pass that along to the Architectural Review Board.
- She has seen three versions of the Tattoo Parlor Code. One with the word “parks” included in the title and the text; one with the word “parks” only in the title and one without the word “parks” at all. How can this be allowed. Mayor Fixell stated that it was a mistake in the noticing and we are scheduling a public hearing to clarify the language.
- The New York School of Aesthetics and Spa is within 500 feet of this tattoo parlor. Why is this allowed to exist? Mayor Fixell stated that the word “schools” in the law was never intended to be applied to a school for adults and we are also providing a definition of the word “schools” in the public hearing that will be scheduled tonight.
Karen Garibaldi, 3 Hudson Place, stated that she is very disappointed at the decision of the Board to approve the tattoo parlor. At the meeting when it was voted on, she thought there was a restriction that the tattoo parlor had to be
on the second floor, it had to be more than 500 feet from a park or a school and it could not be in historic territory. Come to find out that it is in all of these places. She feels that the law was amended to make the location of the tattoo
parlor fit.
John Garibaldi, 3 Hudson Place, stated that disgusting pictures have already been displayed in the first floor window of the tattoo parlor’s location which has not opened yet. He asked the Board if this is what you want to see in our
Village. Mayor Fixell stated that it isn’t what he wants to see. The tattoo parlor has removed the pictures and they were issued a summons. Mr. Garibaldi stated that these graphic pictures disturbed him as an adult and is concerned
about the children who have already seen them.
Lori Semeraro, 205 Martling Avenue, asked how the Board is going to handle the word “school” in the tattoo parlor law. Mayor Fixell stated that we are scheduling a public hearing tonight to provide a definition of the word
“schools.”
Diane Tuohy, Storm Street, stated that there is a school bus stop near the tattoo parlor’s location. Has the Board taken that into consideration? Mayor Fixell stated that the Board will take it under consideration.
Eleanor Miscioscia, Storm Street, asked what the Board’s Executive Session two weeks ago was about. Mayor Fixell stated that it was a personnel matter.
APPROVING HOLIDAY METER PARKING REGULATIONS
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the holiday parking meter program by designating certain parking meters to be covered to allow free parking (with a two-hour limit) from Friday,
December 9, 2011 through Sunday, December 25, 2011 at the following locations: all downtown business district street meters, municipal lots on South Washington Street, McKeel Avenue, Windle Park (Village portion), Neperan
Road (Village portion), and South Broadway.
POLICY STATEMENT FOR MEMBERSHIP ON VILLAGE BOARDS, COMMITTEES AND COUNCILS
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, there have been residents of the Village who have been appointed to Boards, Committees or Councils who have moved away from the Village but possess specific knowledge or expertise regarding the mission and or area
of responsibility of the Board, Committee and Council; and
WHEREAS, the Board of Trustees believes that it is in the best interest of the Village not to lose this interest or knowledge based upon the residency of an individual; and
WHEREAS, the Board of Trustees believes that there exists a difference between membership and an official position of leadership on a Board, Committee or Council; and
WHEREAS, a person in an official position of leadership on a Board, Committee or Council often serves as a representative of the Village of Tarrytown and that person should be a resident of the Village; and
WHEREAS, it has been determined by the Village Attorney, based upon legal research, that the membership of certain Boards must only include residents of the Village of Tarrytown.
NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby establish the following policy relating to membership on a Village Board, Committee or Council.
POLICY
- The members of the Planning Board, Zoning Board of Appeals and the Architectural Review Board shall be residents of the Village of Tarrytown.
- The members of other Boards, Committees or Councils shall be residents of the Village of Tarrytown, but in the event that the member moves out of Tarrytown, that member may remain a member of the Board, Committee or Council provided that member shall have specific knowledge or expertise relating to the mission or area of responsibility of the Board, Committee or Council.
- A non-resident shall not be appointed as Chairperson of any Board, Committee or Council, regardless of whether the appointment is by the Board of Trustees or internal within the Board, Committee or Council.
4. A non-resident, who is a member of a Board, Committee or Council on the date of adoption of this policy shall be grandfathered and not subject to the provisions of this policy, with the exception of Clause 3 hereinabove.
AGREEMENT WITH LIGHTING CONSULTANT
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute an agreement with CHI Energy (Community Housing Innovations, Inc.) of White Plains, New York to provide consulting services relating to the conversion of lighting and other electrical systems for energy efficiency purposes in various Village buildings.
SCHEDULE A PUBLIC HEARING – ETHICS CODE
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 Public Hearing for the regular meeting of December 5, 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 27, Ethics Code, to clarify who is to receive and complete the financial disclosure form.
SCHEDULE A PUBLIC HEARING – MODERATE INCOMING HOUSING
Trustee McGovern 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 Public Hearing for the regular meeting of December 5, 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 Zoning Code of the Village of Tarrytown, Chapter 305-130, “Moderate Income Housing,” to create affordable housing and to institute various provisions of the Model
Ordinance provisions that are included in the Westchester County Fair and Affordable Housing Implementation Plan.
SCHEDULE A PUBLIC HEARING – TATTOO PARLORS
Trustee Zollo moved, seconded by Trustee Basher, 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 Public Hearing for the regular meeting of December 5, 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 provide a definition of the term schools in the law and to eliminate any conflict between the language of the
law and the notice of the public hearing posted in the newspaper.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON NOVEMBER 7, 2011
Trustee Basher moved, seconded by Trustee McGee, and unanimously carried, that the resolution to approve the November 7, 2011 Minutes be tabled: Approved: 7-0
APPROVAL OF AUDITED VOUCHERS NO. 1740 THROUGH NO. 1845
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 1740 through No. 1845 is hereby ordered paid in the following amounts:
General $ 440,153.32
Water 9,681.44
Capital 41,623.15
Library 3,188.34
Trust & Agency 21,283.17
Total $ 515,929.42
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 1766, 1808 and 1834 and Trustee Hoyt who abstained from Voucher Number 1815. Motion carried. 7-0
HAPPY THANKSGIVING
Mayor Fixell and the entire Board wished everyone a very Happy Thanksgiving.
ADJOURNMENT
Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried that the meeting be adjourned at 8:30 p.m.
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