Board of Trustees
Village of Tarrytown
Regular Meeting No. 23
December 19, 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.
VILLAGE ADMINISTRATOR’S UPDATE
Leaf and Debris Collection, Walnut Street – At the last Board of Trustees meeting, a resident noted a concern that leaf and debris piles were not picked up by our Public Works staff on a timely manner. Based on the concern, I investigated the matter and it was discovered that the Village DPW went to Walnut Street on three different occasions in an attempt to pick up the leaves and debris piles which were created from both Hurricane Irene and the late October snow storm. Walnut Street was one of the streets where the Village was performing the cleaning and relining water line project, and due to the fact there were temporary above-ground water lines, the Village was not able to access the leaves and the debris piles without affecting the above-ground water lines. As soon as the temporary
above-ground water lines were removed from Walnut Street, the DPW went to Walnut Street and picked up the leaves and the debris piles. In addition, I want to note that the leaf vacuuming program is now finished for the year. If anyone has leaves on their property that they want to dispose of, they need to bag them in biodegradable bags and place them by the curb. The bags are available for purchase at Public Works.
Storm Sewer Repair, Martling Avenue - At the last Board meeting, a resident noted that staff was repairing a catch basin and the resident did not observe the presence of certain equipment associated with entry into a confined space, specifically the tripod and harness. Staff worked on the catch basin on a Thursday, Friday and Monday. Staff entered the catch basin was on a Thursday to erect forms inside the catch basin for a concrete pour on Friday. Staff performed repairs from outside of the catch basin on the Monday. The forms were removed from the catch basin today, which also required staff to enter the catch basin. In each case of entry, all of the necessary equipment for confined space entry was present.
Street Sweeper – The street sweeper is back out and operating on all streets. The only time it is not used in the winter, is during extreme cold due to the fact that the water system will freeze on the street sweeper. Water is used in the system to control the dust caused during the sweeping process.
Taxicabs on Marymount Avenue – A concern was noted at the last Board of Trustees that the queuing of taxicabs on Marymount Avenue to service the EF School was dangerous. I directed the matter to the Chief of Police for review and evaluation. First, the queuing of the cabs at this location is not a violation of any Village law. In fact, this was the first complaint that has been received by the Police Department regarding this issue. In addition, there have been no incidents regarding the cabs and it is the opinion of the Chief that the queuing at this location addresses a need at the EF School and does not present a hazard to either drivers or pedestrians.
Organic Waste Transfer Station – Signage to be erected that states that you may only place materials in the transfer station if you have registered as a Green Industry Contractor with the Village and the material placed there must be generated in the Village. The Village will prosecute if the contractor is not registered or the materials are not from the Village. If this does not address the problem, then we will have to propose a more stringent fix.
H-Bridge – The sidewalk replacement project on the H-bridge has been completed.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD. SPEAKERS HAVE FIVE (5) MINUTES BEFORE YIELDING TO THE NEXT SPEAKER; THEN THREE (3) MINUTES FOR ADDITIONAL COMMENTS
Lori Semeraro, 205 Martling Avenue, stated the following:
- The copy of the confined space entry permit that she received was not complete and it concerns her. Administrator Blau stated that he will follow it up with his staff.
- The scroll is up and running, but the Board of Trustees meetings are not playing at their scheduled times.
John Stiloski, 54 Walnut Street, stated the following:
- He is very concerned about the confined space entry permit discussed by Ms. Semeraro and the fact that it has not been fully completed and feels that it should be reviewed by PESH.
- He believes that the Village Administrator should be at work sites involving confined spaces.
Michelle Cassarella, 36 North Washington Street, stated that she believes the General Foreman should be the person going to work sites to make sure his men are following proper confined space entry protocols. She feels that he isn’t doing his job correctly and asks why he is still in his position.
Steve Wilgermein, 330 South Broadway, stated that he was trained in confined space and the copy of the confined space entry permit was not properly filled out. Mayor Fixell stated that the Village staff will be reviewing the matter.
Eleanor Miscioscia, Storm Street, stated the following:
- Thanked Mr. Blau for having the street light on Storm Street repaired.
- She believes that Mr. Blau should make sure that the confined space program is being correctly followed.
AMENDMENT TO THE EMPLOYMENT DISCRIMINATION AND HARASSMENT POLICY
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 rescind the Employment Discrimination and Harassment Policy adopted on May 18, 2009; and
BE IT FURTHER RESOLVED that the Board of Trustees does hereby adopt the Employment Discrimination and Harassment Policy as included herewith below. A complete copy of this policy will be affixed to the official minutes of this meeting.
VILLAGE OF TARRYTOWN EMPLOYMENT DISCRIMINATION AND HARASSMENT POLICY
The Village of Tarrytown believes in the dignity of the individual and recognizes the right of any person to equal opportunities. In this regard, the Village has had a longstanding practice of protecting and safeguarding the rights and opportunities of any person who might seek or obtain employment without being subjected to illegal discrimination or harassment in the workplace.
POLICY
In addition to prohibiting illegal discrimination on the basis of race, color, sex, religion, age, disability, marital status, military status, national origin, or other unlawful conduct, the Village also prohibits the illegal harassment of its employees or officers in any form.
The Village will take all steps necessary to prevent and stop the occurrence of any illegal discrimination or harassment in the workplace.
- This policy applies to all Village officers and employees and all individuals who
serve as contractors to the Village. Depending on the extent of the exercise of control, this policy may be applied to the conduct of those who are not officers or employees or contractors of the Village with respect to illegal discrimination or illegal harassment of Village officers or employees in the workplace. Village officer or employee shall mean any Village Officer as defined in the Village Law of the State of New York, employees
of the Village of Tarrytown and members of a Village of Tarrytown administrative board, commission, ambulance corp. or the fire department, whether paid or unpaid.
2. The Village and this discrimination and harassment policy prohibit conduct that is illegal under State or Federal law including, but not limited to, the inappropriate forms of behavior described on page 2 of this policy under the section entitled "Definition of Sexual Harassment."
3. Department heads and supervisory personnel are responsible for ensuring a work environment free from unsolicited, unwelcome, and intimidating unlawful discrimination or harassment These individuals must take immediate
and, if authorized, appropriate corrective action when allegations of discrimination or harassment come to their attention to assure compliance with this policy. Should a department head or supervisor not be authorized to take corrective action, the matter shall be referred to the individual or body, as the case may be, having the authority to discipline.
4. A person who is found to have committed an act of unlawful discrimination or harassment or other inappropriate behavior will be subject to disciplinary action in accordance with the provisions of a negotiated labor
agreement, Federal or State law, as may be appropriate. Additionally, retaliation against someone who has complained about prohibited discrimination or harassment is strictly prohibited as is retaliation against an individual who cooperates with an investigation of a discrimination or harassment complaint. Any such retaliatory conduct is illegal and will result in disciplinary action against the retaliator, if that person is an officer or employee of the Village. Intimidation, coercion, threats, reprisals, or discrimination against any person for complaining about unlawful discrimination or harassment, as described in this policy, is
prohibited.
5. All Village officers and employees will be held responsible and accountable for avoiding or eliminating the conduct prohibited by this policy. Village
employees are encouraged to report violations of this policy to their supervisor or to the Village Administrator.
DEFINITION OF SEXUAL HARASSMENT
1. Sexual advances that are not welcome, requests for sexual favors, and other verbal or physical conduct of with sexual overtones constitute sexual harassment when:
A. submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment; or
B. submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions such as promotion, transfer, or termination, affecting such individual; or
C. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
2. Sexual harassment refers to behavior that an individual does not welcome; that is personally offensive; that fails to respect the rights of others; that lowers morale and that, therefore, interferes with an individual's work performance and effectiveness; or that creates an intimidating, hostile, or offensive working environment. Specific forms of behavior that the Village would consider sexual harassment include, but are not limited to, the following:
A. VERBAL HARASSMENT:
Abusive verbal language related to a person's sex, including sexual innuendoes; slurs; suggestive, derogatory, or insulting comments or sounds; whistling; jokes of a sexual nature; sexual propositions; and threats. Included would be any sexual advance that is unwelcome or any demand for sexual favors.
B. NON-VERBAL HARASSMENT:
Abusive written language, showing or displaying pornographic or sexually explicit objects or pictures, graphic commentaries, leering or obscene gestures in the workplace such that it unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
C. PHYSICAL HARASSMENT:
Any physical contact which is not welcome, including touching, petting, pinching, coerced sexual intercourse, assault, or persistent brushing up against a person's body.
SCHEDULE A PUBLIC HEARING – TATTOO PARLORS
Trustee Basher moved, seconded by Trustee Butler, 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 January 3, 2012, 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 delete the definition of a school in Section 3.B. and replace it with the definition of a school included in the New York State Public Health Law, §2164.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON DECEMBER 5, 2011
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the minutes of the regular meeting of the Board of Trustees held on December 5, 2011 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL JOINT MEETING OF THE BOARD OF TRUSTEES AND THE PLANNING BOARD HELD ON NOVEMBER 14, 2011
Trustee Basher moved, seconded by Trustee Butler, 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 special meeting of the Board of Trustees and the Planning Board held on November 14, 2011 as submitted by the Village Administrator.
APPROVAL OF AUDITED VOUCHERS NO. 1987 THROUGH NO. 2224
Trustee Basher moved, seconded by Trustee McGovern, 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. 1987 through No. 2224 is hereby ordered paid in the following amounts:
General $ 921,216.44
Water 8,783.65
Capital 185,983.05
Library 33,553.19
Trust & Agency 7,404.95
Total $ 1,156,941.28
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 2092, 2071, 2126, and 2205 and Trustee Hoyt who abstained from Voucher Numbers 2054 and 2111. Motion carried. 7-0
Mayor Fixell and the entire Board of Trustees wished everyone a Merry Christmas, Happy Chanukah and a very happy and healthy new year.
ADJOURNMENT
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the meeting be adjourned at 8:35 p.m.
Carol A. Booth, Village Clerk
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