Board of Trustees
Village of Tarrytown
Regular Meeting No. 29
February 21, 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.
CLOSING OF GRIEVANCE DAY
Trustee McGovern moved, seconded by Trustee Basher, and unanimously carried, that the following resolution be approved: Approved: 7-0
WHEREAS, Grievance Day in the Village of Tarrytown commenced at 4:00 p.m. on Tuesday, February 21, 2011; and
WHEREAS, the purpose of Grievance Day is to hear tax grievance proceedings; and
WHEREAS, Grievance Day was conducted in accordance with the requirements of New York State Law.
NOW THEREFORE, BE IT RESOLVED that Grievance Day is hereby closed.
BE IT FURTHER RESOLVED that all grievances are hereby referred to the Village Assessor for a written report on the grievances filed on Grievance Day on or before March 30, 2012. The Village Assessor is hereby authorized and
directed to arrange for hearings with taxpayers who have requested hearings.
MAYOR’S PRESENTATION OF A PROCLAMATION TO KEVIN LUSTYIK
WHEREAS, Kevin Lustyik was first appointed by the Mayor and Board of Trustees to serve as Harbormaster for the Village of Tarrytown on November 21, 1988, has been reappointed numerous times and continues to serve currently; and
WHEREAS, Kevin has always carried out the duties of Harbormaster with unparalleled knowledge, dedication and care; and
WHEREAS, In addition to volunteering his services to the Village and its residents as Harbormaster, Kevin also served as member of the Committee on Waterfront Rezoning and has served for 48 years as a member of Conqueror Hook & Ladder; and
WHEREAS, Kevin’s volunteerism has been characterized by his deep commitment to ongoing education and to taking on the responsibilities of leadership positions, as he has completed classes in Marine Law Enforcement and Impaired Boaters Recognition Program served as Chief of the Tarrytown Fire Department in 1975-1976, and currently serves as co-Chair of the Conqueror Hook & Ladder Truck Committee; and
WHEREAS, Kevin was recognized by the U.S. Coast Guard Auxiliary, at this year’s annual Change of Watch ceremony, as the “Auxiliarist of the Year” for his work as Staff Training Officer.
NOW, THEREFORE, BE IT RESOLVED that on behalf of the Board of Trustees and all the residents of the Village of Tarrytown, I thank and commend Kevin Lustyik for his volunteer service to the Village and declare February 22, 2012, Kevin Lustyik Day in the Village of Tarrytown.
Mr. Kevin Lustyik responded with a public service announcement that Tarrytown’s Flotilla 6-6 is offering a Safe Boating Course on April 14th at the Tarrytown Boat Club at 9 a.m. You may sign up by contacting 914-631-2299 or go to the CoastGuard.org website.
REPORTS
Mayor Fixell stated that the Public Hearing on the Draft Environmental Impact Statement for the Tappan Zee Bridge Hudson River Crossing Project is scheduled at the Westchester Marriott Hotel on March 1st. Presentations will be held at 5 p.m. and again at 7 p.m.. For more information, you can contact tzbsite@dot.state.ny.us. He encouraged residents to participate.
Trustee McGovern asked how long tennis courts will be ready for use. Administrator Blau And how long the Pierson Project will take. Administrator Blau stated one year.
VILLAGE ADMINISTRATOR’S REPORT
Metro North Railroad Station – The new platform was opened on January 23 and the temporary bridge and the old red bridge are in the process of being removed from the station. According to Metro North, most of the work associated with the project will be complete by the end of this summer. It is anticipated that the entire project will be complete by the end of the fall of this year. Pierson Park Rehabilitation/Andre Brook Restoration – the project is
scheduled to be bid at the end of this month. Bids must be returned on April 2. Based upon the bid numbers, it is our hope that the award of the bid can come to the Board of Trustees for approval at the end of April or
beginning of May, which would allow for a full summer construction season.
New parking lot, Fire Training Center – this project is scheduled to be bid by March 15. This would allow for construction during the summer construction season and full coordination of work associated with the new tennis courts
and basketball court as part of the Pierson Park rehabilitation project.
Trustee McGovern asked when we can anticipate the tennis courts to be usable. Administrator stated most likely Spring of 2013.
Calibration of Meters – in a discussion of the calibration of the gas meters performed by AAA Fire Equipment, they agreed that they would attempt to obtain what they called a Mull cable that would enable them to download
calibration information from when the Village’s gas meters were calibrated. AAA has informed me that they cannot obtain the Mull cable. I am now obtaining information regarding future calibration and alternate gas meters.
Trustee McGovern asked Administrator Blau to give an update on Stop and Shop’s opening of the new store and closing of the old one. Administrator Blau noted that the opening of the new Stop and Shop is scheduled for March
23rd and the closing of the old Stop and Shop is scheduled for March 22nd. We have an agreement among the Village of Tarrytown, Town of Greenburgh and Stop and Shop to provide a type of green grocer with fresh fruits and
vegetables in that area along with the CVS store.
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, asked the following:
- Did we receive the data from the calibration of the DPW gas meters? Administrator Blau answered that all of the data received from the vendor who performed the calibration was forwarded to her. She noted that she is seeking more information. Administrator Blau asked Ms. Semeraro to email him the specific information she is requesting and he will reach out to the vendor.
- She stated that it seems pointless to re-approve the vouchers from a past meeting if they have already been paid. Administrator Blau stated that it was necessary to have the Board approve the payment of the vouchers that were in question.
- She questioned whether the tattoo parlor was legally approved by the Village to be open for business on January 10, 2012. According to his website, he was open for business on January 10, 2012. Administrator Blau stated that he will follow this up with the Building Department to see when the Certificate of Occupancy was issued for the tattoo parlor.
Steve Wilgermein, 330 South Broadway, stated that he wanted to follow up on an incident that occurred approximately 2 weeks ago in front of the old Van Tassel Cleaners where a private contractor entered a manhole. Administrator Blau stated that upon receiving notice of what was occurring, the Village contacted OSHA, then visited the site and thereafter spoke to the contractor who had obtained the work permit as well as the management company to inform them of what occurred and the fact that the action did not conform to confined space regulations. Mr. Wilgermein volunteered his services to be present and observe any Village confined space entries to point out anything that is wrong and assist in the training process.
Eleanor Miscioscia, 36 Storm Street, stated that the street light on Storm Street is still not fixed; it flashes on and off. She urged something be done. Administrator Blau stated that the issue has been brought to the attention of Con Edison on numerous occasions and it is their responsibility to address the power coming to the street light. He will once again reach out to Con Edison.
Michelle Cassarella, 36 North Washington Street, stated that they have a website, Truth for Tarrytown, for anyone who may be interested.
ESTABLISHING STANDARD WORK DAYS FOR APPOINTED AND ELECTED OFFICIALS
Trustee McGovern 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 hereby establishes the following as a standard work day for employees for the purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of this body:
Elected Officials: 6 hours per day. Mayor – 2 year term; Trustees – (3) - 2 year term; Village Justice – 4 year term; Acting Village Justice – 1 year term.
Appointed Officials: 7 hours per day. Village Administrator – 1 year term
BE IT FURTHER RESOLVED that the Village Clerk shall file a copy of this resolution and an affidavit of posting with the New York State Comptroller’s Office within 45 days of adoption.
BE IT FURTHER RESOLVED that the Village Clerk shall publicly post the resolution on the Village website for at least 30 days after adoption.
PARKING CHANGES – DIVISION STREET
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried, that the following resolution be approved: Approved: 7-0
Maximum Parking Time Limit – Division Street
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve
parking changes on Division Street as follows:
All new material is set forth in capital letters. Although the number 2 appears in parentheses, it is
not to be deleted as it correctly appears that way in the code.
§291-41. Maximum parking time limit; exceptions.
A.
(2)
Parking meter spaces located on the south and west sides of Depot Plaza AND THE NORTH AND SOUTH SIDES OF DIVISION STREET, where the time limit shall be 12 hours.
All new material is set forth in capital letters.
§291-90. Schedule XXV: Parking Meter Zones.
The following streets or parts of streets shall constitute parking meter zones.
Name of Street Side Location
DIVISION STREET BOTH FROM THE INTERSECTION OF THE
NORTHWEST LEG OF THE H-BRIDGE
TO THE VILLAGE LINE
AMENDMENT TO THE COMPUTERS AND ELECTRONIC COMMUNICATIONS POLICY
Trustee McGovern 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 rescind the Computer Use Policy adopted on September 20, 2010; and
BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby rescind the Electronic Communications and Use of the Internet Policy adopted on September 20, 2010; and
BE IT FURTHER RESOLVED that the Board of Trustees does hereby adopt the Computers and Electronic Communications Policy as included herewith below. A complete copy of this policy will be affixed to the official minutes of this
meeting.
POLICY STATEMENT - COMPUTERS AND ELECTRONIC COMMUNICATIONS
WHEREAS, the Village of Tarrytown provides Village staff with computers, electronic communications and vehicles for operational purposes to increase the efficiency and effectiveness of staff; and
WHEREAS, the Board of Trustees believes that it is necessary to establish a policy to promote the use of electronic communications by staff to enhance productivity by ensuring that internal and external electronic communications by staff of the Village of Tarrytown are used in an appropriate manner to facilitate contact between staff and other business and governmental organizations and to facilitate the official work of the Village of Tarrytown; and
WHEREAS, the Board of Trustees believes that it is necessary to establish a policy to promote and enhance productivity by ensuring that the Village computer systems are used in an appropriate manner to facilitate the official work of the Village of Tarrytown; and
NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby establish the following policy relating to electronic communications and, computer systems.
E-Mail
Usage Guidelines
When the Village grants a staff member an e-mail account it is the responsibility of the staff member to adhere to Village guidelines. All e-mail users shall:
Not use e-mail as an immediate means of communications since e-mail may be delayed minutes, hours or days. If a communication is time sensitive, employees should use the telephone or fax.
Not send messages that are threatening, obscene, insulting, abusive or derogatory.
Not send messages which include remarks that constitute harassment.
Not send messages which involve personal sales or solicitation, which are associated with any outside business activity or which could potentially embarrass the village of Tarrytown.
Not include in e-mail any message that should be kept private and confidential.
Not use e-mail for illegal or unethical activities.
Be courteous and follow accepted standards of etiquette.
Not unnecessarily send very large files, or inappropriately send messages to a large number of recipients, acts which unnecessarily consume network resources that are intended for use for Village business.
Not enable macros on a Microsoft Office document.
Print paper copies of e-mails which contain information that will be of value to the operation of the department and/or the Village and file such copies in the appropriate departmental file.
Security guidelines
E-mail messages are not personal and private.
Any e-mail message sent or received in conjunction with Village business may be releasable to the public under the Freedom of Information Law.
E-mail users must take all reasonable precautions to prevent the use of their account by unauthorized individuals.
E-mail users are prohibited from accessing another user's e-mail without his or her permission, with the exception of the Village Administrator or Village Attorney.
Village Rights
The Village reserves the right to access and/or disclose contents of e-mail messages when necessary for any reason including, but not limited to the following:
The need to access information when an employee is absent for an extended period of time.
To diagnose and resolve technical problems.
To investigate possible misuse of e-mail.
When investigating suspected breeches of security or violation of Village policies.
Use of the Internet
Usage guidelines
Use of the Internet should be for Village business, professional or informational use only. All Internet users must:
Respect the legal protection provided to programs and data by copyright and license.
Not download any file that the user suspects or should reasonably suspect would present a threat to any Village of Tarrytown hardware or software.
Download files only from trusted sources.
Protect data from unauthorized use or disclosure.
Not use the internet facilities for any illegal or unethical purpose.
Not use the internet facilities to transmit threatening, obscene or harassing materials or correspondence.
Not use the internet facilities to download or view material others may reasonably find offensive, such as adult oriented material.
Not use the internet facilities for unauthorized distribution of Village data and information.
Not use the internet facilities for private marketing or business transactions.
Not use the internet facilities for private advertising of products or services.
Not use the internet facilities for solicitation for religious and political causes.
Not use the internet facilities for unauthorized not-for-profit business activities.
Not enable any macro on a Microsoft Office document.
Security guidelines
A. Use of the Internet is not private.
B. Resources of any kind for which there is a fee must not be accessed or downloaded without prior approval.
Village Rights
The Village reserves the right to log network use and monitor file server space utilization by users.
The Village reserves the right to remove a user account from the network.
Use of Village Computer Systems
Section 1. General Policy
The Village of Tarrytown is responsible for providing computer systems for authorized and legitimate Village purposes. This responsibility includes informing users of expected standards of conduct.
Computer Systems includes but is not limited to computers and other electronic media that generate, store, transmit and display documents and correspondence.
Employee is a person who is a permanent employee, temporary employee, contractor, student intern or otherwise engaged by the Village of Tarrytown.
Private Business Use is the use of Village employees' time and/or computer systems and/or other resources to facilitate non official work of the Village of Tarrytown.
All Village provided computer systems used by employees are the property of the Village. All documents, data, messages, or other files created while using the Village computer systems are the property of the Village. The Village reserves the right to monitor and review computer system use. This monitoring includes, but is not limited to, reviewing documents, files or correspondence created by any software medium and periodic scans of an employee’s computer hard drive.
- Village computer systems are to be used only for Village operational purposes only.
- No external storage devices shall be connected to Village computer systems including but not limited to external hard drives, flash drives, memory cards, etc.
- All computer programs and data in the Village’s central computer systems exist for the sole use of the Village.
4. Employees have responsibility for correct operations, security, and maintenance of Village computers and data.
- Employees shall not disable any protective software (e.g. Anti-virus) which has been installed on Village computers by the Village or the Village’s Information Technology consultant.
- Should a computer become infected with a virus, worm, adware, spyware or any
other malicious software, the computer shall be immediately removed from the Village’s network.
5. Software may be loaded onto Village computers only if (1) it is licensed by the
Village or (2) it is licensed by the user of the computer and has been registered
with the Village.
- Employees will not make unauthorized copies of Village owned software. Software that is licensed for use on one computer may not be copied for another employee or for any outside third party. If you need to use Village software at home, you are responsible for determining if the software license permits use on another computer. If you are not sure, contact the Village Treasurer who will contact the Village’s Information Technology consultant.
- Unauthorized software from any outside source may not be loaded onto Village computers.
6. Computers should not be left unattended in a state which affords inappropriate or unauthorized access to Village records.
7. Passwords that have been issued shall remain confidential.
8. The Village may at any time review or monitor use of Village computers. The Village Administrator or departmental administrators may delete unauthorized software or data files.
9. The Village is committed to standardizing software use, e.g., word processing, spreadsheets etc. Employees are strongly encouraged to use standard software. If deemed to be in the Village’s best interest, the Village will not support non-standard software.
The use of an employee’s time for private business purposes is prohibited.
The use of the Village of Tarrytown computer systems and/or other resources for private business purposes is prohibited.
All employees are required to sign a Computer Systems Policy Statement Form (attached).
SALE OF PROPERTY
Trustee McGee moved, seconded by Trustee Zollo that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustee McGovern who abstained. Approved: 6-0-1
WHEREAS, on February 7, 2012, in response to a notice placed in the Journal News by the Village of Tarrytown, one bid was received by Paul and Tricia Rachlin for the purchase of a paper street at the end of Warner Lane; and
WHEREAS, the Board of Trustees does hereby declare as surplus land, the 5,470 square feet of vacant land at the end of Warner Lane; and
WHEREAS, the sale of the property is subject to the following conditions:
- No building may be constructed on the property; and
- An easement of twenty feet (20’) in width will be retained by the Village to provide pedestrian and vehicular access to Village-owned property by the Tarrytown Lakes.
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby accept the sole bid from Paul and Tricia Rachlin for the purchase of the Village owned, vacant land located at the end of Warner Lane in the amount of
$8,000.
BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute all documents associated with the sale of the property.
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON FEBRUARY 6, 2012
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 approve the minutes of the regular meeting of the Board of Trustees held on February 6, 2012 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS
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 included in Abstract No. 15 and hereby orders the Audited Vouchers to be paid in the following amounts:
General $ 147,988.52
Water 5,322.60
Capital 306,031.09
Library 6,069.61
Trust & Agency 4,196.57
Total $ 469,608.39
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 201234966, 2012235141, 2012234959, 2012235002, 2012235120 and 2012235146 and Trustee Hoyt abstained from Voucher Number 2012234889. Motion carried. 7-0
APPROVAL OF AUDITED VOUCHERS
Trustee Basher moved, seconded by Trustee McGovern that the following resolution be approved. Motion carried, all voting “aye” with the exception of Trustee McGee who abstained. Approved: 6-0-1
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve Vouchers Numbers, 2012234523, 2012234560, 2012234629 and 2012234641 in the total amount of $6,907.75, which were included in Abstract No. 13 of Audited Vouchers submitted to the Board of Trustees at the January 17, 2012 meeting.
ADJOURNMENT
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the meeting be adjourned at 8:30 p.m.
Carol A. Booth
Village Clerk
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