Board of Trustees
Village of Tarrytown
Regular Meeting No. 25
January 3, 2012 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.
Mayor Fixell wished everyone a Happy New Year.
PUBLIC HEARING – TATTOO PARLORS (adopted)
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 3rd day of January, 2012, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to Chapter 268 entitled “Tattoo Parlors” 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 §268 of the Code of the Village of Tarrytown entitled “Tattoo Parlors” to modify the definition of “schools”.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village of Tarrytown adopted Local Law No. 9 of 2011 on October 3, 2011 to permit tattoo parlors in the Restricted Retail District subject to conditions and restrictions. One of the restrictions included in the Local Law was a distance restriction from a school. The term school was not defined in the law and the Board of Trustees amended Chapter 268 on December 5, 2011 to define the term “school”. However, subsequent to the adoption of the amendment, it was determined that the definition included in the amendment did not accurately reflect the intent of the Board. Based upon this intent, the Board of Trustees has determined that it is necessary to amend Chapter 268 and to include as the definition of school a definition established within New York State law.
B. Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend Chapter 268 to define “school” in this Chapter as it is defined in the New York State Public Health Law.
Material to be deleted appears in [parenthesis], material to be added is in bold typeface.
SECTION 2. Amendment to §268-3“Distances from other tattoo parlors; schools”
SECTION 3. Amendment to §268-3“Distances from other tattoo parlors; schools.” Subsection B, distance between a tattoo parlor and a school.
- A tattoo parlor shall be no closer than five hundred (500) feet to a lot containing any school. A school, for the purposes of this Chapter, shall [mean an institution for the education of children under the age of eighteen (18).] be defined as it is in the New York State Public Health Law, §2164.
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 Zollo moved, seconded by Trustee Butler, and unanimously carried, that the hearing be opened.
Christina Sarofeen, Altamont Avenue, asked why the Board is tailoring legislation to make it work for this location.
Lori Semeraro, 205 Martling Avenue, asked the following:
- How many times is the Board going to tailor this law for this vendor at this location?
- Is it true that this vendor has already been inspected and if so why before the opening? Administrator Blau stated that the location has been inspected by a representative from the Rockland County Health Department but that the tattoo parlor cannot open until the facility passes inspection.
Christina Sarofeen, Altamont Avenue, asked if the public can see a copy of the inspection. Administrator Blau stated that once the inspection is complete, the public can look at the document.
Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried, that the hearing be closed.
Trustee Zollo moved, seconded by Trustee Butler, that the following resolution be approved.
Motion carried, all voting “aye” with the exception of Trustees Hoyt and McGovern who voted “no.” Approved: 4-2 Trustee McGovern stated that she thought the park restriction should have remained in the legislation and Trustee Hoyt supported Trustee McGovern.
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 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.
WHEREAS, a public hearing was held for the proposed action on January 3, 2012; and
WHEREAS, a notice of public hearing was published in the Journal News on December 30, 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. 1 of 2012.
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
Michelle Cassarella, 36 North Washington Street, stated that she was concerned that the confined space permit that was brought up at the last meeting that was incomplete. She wants to make sure another family doesn’t have to go through the pain and loss that her family is going through. She noted that the Village should make sure that every employee is protected and that the Village Engineer and the General Foreman are doing their jobs properly.
John Stiloski, 54 Walnut Street, stated that the confined space permit that was brought up at the last board meeting was atrocious. He believes that we should be experts in the field of confined space by now.
Mayor Fixell stated the following:
- Our consultant, Pro-Safety put the confined space program, working with Village staff, the CSEA union and PESH.
- We acknowledge that the confined space permit was not filled out properly.
Mayor Fixell asked for a motion to adjourn the meeting. Trustee Zollo moved, seconded by Trustee Hoyt, and unanimously carried, that the meeting be adjourned at 8:30 p.m. Approved: 6-0
Meeting reconvened at 8:32 p.m.
Bill Helmstead, a consultant from Pro-Safety, stated that he helped put together the Village’s confined space program and conducted the training last year for the Village employees. He reviewed the confined space permit that was discussed at the last Board meeting. The following are some of the deficiencies on the permit: 1. The permit wasn’t closed out; 2. The air monitoring should have been noted periodically on the permit according to the standard; 3. The supervisor’s name and the tester’s name were not noted on the permit; 4. The actual air monitor used was not listed on the permit.
Michael McGarvey, Village Engineer, stated that he had a meeting with the DPW employees to once again go over the permit process in order that confined space permits are properly filled out. He also reviewed the process with our consultant, Pro-Safety.
Eleanor Miscioscia, Storm Street, asked if the DPW employees had practical experience going into a manhole. Mr. Helmstead stated that they did have practical experience.
Peter Lombardi, 33 Main Street, stated that confined space entry should be the responsibility of the General Foreman, not the union employees.
Lori Semeraro, 205 Martling Avenue, stated that she didn’t see any breathing apparatus at the confined space work site. Engineer McGarvey stated that we do not use SCBA or self-contained breathing apparatus. If the air monitor
reacts to the air in the confined space, the meter sounds and Village employees do not enter the confined space. Ms. Semeraro believes that the entire Board of Trustees should be trained in confined space.
Eric Marvin, 3 Half Moon Lane, stated that there is a big parking problem on Half Moon Lane. We are looking to get parking restrictions adopted. It is a safety issue. Vehicles are left there for weeks at a time, the residents on the
street have difficulty getting out of their driveways and the snow plow cannot completely clear the street.
Alice Blood, 15 Half Moon Lane, urged the board to adopt parking restrictions on Half Moon Lane prohibiting parking during specific hours on the street. This parking issue has become a public safety issue and she is very
concerned. They have done their best to notify the Village Government about this public safety issue and we are repeating our request for help with this problem.
Maureen Kelly Chebetar, Sleepy Hollow resident, stated that she hopes the Board will hire a very qualified person to fill the vacancy in DPW.
Steve Cerbone, 138 Rosehill Avenue, suggested that the DPW employees have their confined space certificates in their wallets. He asked how often DPW employees are retrained in confined space. Mr. Helmstead stated that the
standard itself does not require retraining on a periodic basis. Retraining would be necessary if we find deficiencies in the training or the operation of the Village’s program. The standard requires the program itself be reviewed every
year.
John Stiloski, 54 Walnut Street, stated that our Village Engineer wears too many hats; the Code Enforcement Officer, the Fire Inspector, the Building Inspector, the Village Engineer, in charge of the Water Department and in charge of
the Highway Department. He believes that this is too many titles for one person and do all of the jobs effectively.
PROFESSIONAL SERVICES AGREEMENT
Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried, that the resolution be approved: Approved: 6-0
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 Michael Richardson for labor relations consulting services.
AMENDMENT TO CHAPTER 291, VEHICLES AND TRAFFIC – PARKING LOT PERMITS AND METERED PARKING LOTS
Trustee McGovern moved, seconded by Trustee Zollo, and unanimously carried, that the resolution to approve an amendment to Chapter 291, Vehicles and Traffic – Parking Lot Permits and Metered Parking Lots be tabled: Approved 6-0
TAX CERIORARIS
Trustee McGovern 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 settlement of the tax certiorari case with Edgemont at Tarrytown Condominium, for property located on Martling Avenue, as outlined in the Village Attorney’s memorandum dated December 12, 2011; and
BE IT FURTHER RESOLVED that the Board of Trustees may fund this tax certiorari from a future financing resolution.
TAX CERIORARIS
Trustee Zollo moved, seconded by Trustee McGovern, 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 settlement of the tax certiorari case with GBR for property located at 150 White Plains Road, as outlined in the Village Attorney’s
memorandum dated December 15, 2011; and
BE IT FURTHER RESOLVED that the Board of Trustees may fund this tax certiorari from a future financing resolution.
TAX CERIORARIS
Trustee Zollo moved, seconded by Trustee McGovern, 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 settlement of the tax certiorari case with Elite Hotel (The Castle), for property located at 400 Benedict Avenue, as outlined in the Village Attorney’s memorandum dated December 15, 2011; and
BE IT FURTHER RESOLVED that the Board of Trustees may fund this tax certiorari from a future financing resolution.
SCHEDULE A PUBLIC HEARING – STORMWATER DISCHARGE PROHIBITIONS
Trustee Butler moved, seconded by Trustee Hoyt, 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 does hereby schedule a Public Hearing for the regular meeting of January 17, 2012, at 8 p.m., at Village Hall, One Depot Plaza, Tarrytown, New York 10591, to amend the language of §258 entitled "Stormwater Management” of the Code of the Village of Tarrytown by establishing a new requirement to prohibit a net decrease of stormwater in existing floodplains.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON DECEMBER 19, 2011
Trustee McGovern moved, seconded by Trustee McGee, 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 does hereby approve the minutes of the regular meeting of the Board of Trustees held on December 19, 2011 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 2225 THROUGH NO. 2345
Trustee Zollo moved, seconded by Trustee McGovern, 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. 2225 through No. 2345 is hereby ordered paid in the following amounts:
General $ 357,374.13
Water 18,378.18
Capital 224,970.25
Library 6,969.91
Trust & Agency 6,051.70
Total $ 613,744.17
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 2261, 2262, 2311 and 2312. Motion carried. 6-0
ADJOURNMENT
Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried that the meeting be adjourned at 9:15 p.m.
Carol A. Booth
Village Clerk
| 
