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Village Board of Trustees Minutes 09/04/2012
                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Regular Meeting No. 15
                                                        September 4, 2012
                                                        8:00 p.m.

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

ABSENT:  Trustee McGovern

The meeting began with the Pledge to the Flag.

MOMENT OF SILENCE – ANTHONY RUGGIERO JR. AND JOHN KELLY

Mayor Fixell requested a moment of silence in honor and recognition of the second-year anniversary of the deaths of John Kelly and Anthony Ruggiero Jr.

REPORTS

Mayor Fixell stated that on Sunday, September 9th, there will be a September 11 Memorial Services.  We will assemble at 8:15 a.m. at the Main Street Fire House with speeches and prayers and then we will proceed to Patriot’s Park on the North Washington Street side where there will be further speeches and prayers.  The public is welcome to attend.

Trustee Zollo stated that Conqueror Hook & Ladder Company has taken delivery of their new fire apparatus.  We wish all our firefighters good health with the new fire truck and to use it with great success.

Trustee Hoyt stated that the Village-wide Tag Sale will be held on Saturday, September 22nd between 10 a.m. and 5 p.m.  For more information, please contact the Recreation Department.

Administrator Blau noted that the 2nd Annual Anthony Ruggiero/John Kelly Memorial Car/Truck/Bike Show will be held on Saturday, September 8th from 9 a.m. to 4 p.m. on Main Street, from Kaldenberg Street to Baylis Court.

CHANGES AND/OR ADDITIONS TO THE AGENDA

Mayor Fixell stated that there will be an addition to tonight’s agenda to include a fee for the Sidewalk Musician permit (if local law is adopted tonight).

VILLAGE ADMINISTRATOR’S REPORT

  • The regular work session of the Board of Trustees is being moved from Wednesday, September 12th to Monday, September 10th on the 2nd Floor of this Building.  This is due to a conflict with the Tappan Zee Bridge Hudson River Crossing Project meeting.
  • There will be an official meeting for the general public on the Tappan Zee Hudson River Crossing Project to hear from the officials from the state.  The Secretary to the Governor, Larry Schwartz will be attending this meeting.  This meeting will be held on Wednesday, September 12th at the Senior Center at 7 p.m.  Notice will be put on our website and the scroll.  The meeting will be taped and will not go out live because we do not have a live feed from the Senior Center, but we will have it televised to replay on our government channel.
  • The commuter parking situation for the train station – Today we opened the new Green Street parking lot; it was about ¾ full today.  That was constructed to replace the parking spaces that were being taken out of service for the construction of the new tennis/basketball court for the Pierson Park project.  We are also maintaining the temporary spaces along Green Street and also the temporary commuter spaces in the parking lot near the Senior Center (the parking lot between the senior center and the Recreation Department.)  Ultimately, we have created approximately 50 extra commuter parking spaces than we had years ago before the new Village Hall was built.
PUBLIC HEARING – SIDEWALK MUSICIANS (adopted)

Trustee Basher moved, seconded by Trustee McGee, and unanimously carried, that the hearing be opened.

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 4th day of September, 2012, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendments to Chapter 218 entitled “Parades” and Chapter 247 entitled “Sidewalk Cafes and Vending” 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 §218-1 “Authorization Required” of Chapter 218 entitled “Parades” and creating a new “Article III, Sidewalk Musicians” of Chapter 247 entitled “Sidewalk Cafes and Vending” of the Code of the Village of Tarrytown.

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.
The Village of Tarrytown has received requests to allow for entertainment on the sidewalks in the downtown commercial district to compliment the restaurants and other commercial enterprises in the downtown commercial district.  Prior to the request, an unregulated sidewalk entertainer provided music on Main Street, which was in violation of the Village of Tarrytown Code.  The Merchants Association has expressed their desire to allow for such sidewalk entertainment activities.  
B.      Legislative Intent.

It is the intent of the Board of Trustees of the Village of Tarrytown to allow for limited sidewalk entertainment pursuant to rules and regulations established in this amendment.  
 Material to be deleted appears in parenthesis ( ), material to be added is in bold typeface.

SECTION 2.   Amendment to §218-1, “Authorization Required” of Chapter 218 entitled “Parades” of the Code of the Village of Tarrytown.
No person shall participate in any parade, exhibition or the playing of musical instruments upon the streets of the village unless authorization has first been received by the Board of Trustees or a permit has been issued for a Street Musician pursuant to Chapter 247, Article III, “Street Musician”.
SECTION 3.  Amendment to Chapter 247 entitled “Sidewalk Cafés and Vending”
Chapter 247 of the Code of the Village of Tarrytown shall now be entitled “Sidewalk Cafes, Vending and Musicians”.
SECTION 4.  Amendment to Chapter 247 by adding a new Article III entitled Sidewalk Musicians
Article III. Sidewalk Musicians
§~247-16. Intent.

The sidewalk musician regulations as established in this article are designed to allow for sidewalk musicians on public property on the terms and conditions as specified in this article and to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:
A. To allow for sidewalk musicians in a specified area of Main Street and to establish regulations for such musicians so that the public can enjoy the music and the music does not negatively impact the residents on Main Street who reside above the commercial establishments on the first floor.
B. To promote sidewalk musicians as an amenity to the restaurants and other businesses on Main Street and throughout the Village.
C. To preserve and enhance the character of the Restricted Retail (RR) District.
§~247-17. Definitions.
For the purpose of this article, the following terms shall have the following meanings:

SIDEWALK
Any area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public.

SIDEWALK MUSICIAN
One (1) person playing a musical instrument without amplification on the sidewalk.    
§~247-18. Sidewalk musician regulations.
A. No person shall play a musical instrument on Village sidewalks except upon the granting of a revocable permit therefor by the Village Administrator pursuant to this article and in accordance with the terms and conditions of such permit.
B. The Village Administrator is hereby authorized to grant revocable permits for the use of the sidewalks for the playing of musical instruments upon the following terms and conditions:
(1) The permit and regulated activity shall be valid only during a single calendar year. All permits, regardless of when issued, shall expire on December 31 and shall be renewed each year thereafter on application of the applicant.
(2) The permitted activity shall be conducted only on Main Street between Broadway and Baylis Court.
(3)  The permitted activity shall only be conducted on Fridays, Saturdays, Sundays and holidays during the period from April 1 through October 31 between the hours of 5:00 p.m. and 9:00 p.m.  
(4) Only four (4) sidewalk musician permits shall be issued by the Village Administrator for a calendar year.  For the purposes of this Article, four (4) sidewalk permits shall mean that only four sidewalk musicians shall be allowed to play musical instruments on the street.  Permits and the locations occupied by sidewalk musicians shall be determined on a first come, first served basis.
(5) There shall be no more than two (2) sidewalk musicians per block (same side of street) and the sidewalk musicians shall be at least one-hundred yards apart, regardless of the side of the street on which the sidewalk musician is located.
(6) A sidewalk musician may play a non-amplified musical instrument and may sing along with the playing of the instrument.  Two (2) or more musicians shall not be permitted to play musical instruments or sing in a single location pursuant to this article.  
(7)  Drums shall not be permitted pursuant to this article.
(8) The applicant shall have the consent of the owner of the property and the proprietor of the business, if different than the owner, of the premises in front of which the permit activity is to be conducted.
(9) The sidewalk musician shall place a chair or stand next to the structure and shall not sit or stand next to the curb or obstruct in any way pedestrians walking on the street.  The sidewalk musician shall not obstruct ingress or egress to the door of the business in front of which the permit activity is to be conducted.
(10) The sidewalk musician shall not solicit, in any form, payment, tips or donations for their performance, including the placement of any type of container or other device on the sidewalk or in the vicinity of the sidewalk musician for the deposit of tips, donations or payments.
(11) The applicant shall agree, on a form approved by the Village Attorney, to indemnify and save harmless the Village of Tarrytown, its officers, agents and employees from and against any claim of loss, liability or damage by any person arising as a result of the applicant's playing of a musical instrument on the sidewalk
§~247-19. Application for permit.
A. Application for a permit pursuant to this article shall be made at least 14 days prior to the intended date(s) of the playing of a musical instrument on a form designated by the Village Administrator. Such form shall contain at least the following information:
(1) The name and address of the applicant.
(2) The proposed site for the activity.
(3) The printed name, address and signature of the owner of the property.
(4) The printed name, address and signature of the proprietor of the business in front of which the permit activity is to be conducted.
B. The application shall be accompanied by an application fee as set forth by resolution of the Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
§~247-20. Determination on application.
The Village Administrator shall grant or deny an application for a permit pursuant to this article within fourteen (14) days of its complete submission.
§~247-21. Notice of violation; denial, revocation or suspension of permit; sanctions.
Upon a finding by a Village Code Enforcement Officer that the applicant has violated any provision of this article or the terms and conditions of the permit, the Code Enforcement Officer shall give notice to the applicant to correct such violation or cease such practice within 24 hours. If the applicant fails to comply with such notice, the Code Enforcement Officer may suspend the permit for a period not in excess of 30 days, during which time the applicant shall be entitled to a hearing before the Village Administrator, at which the applicant may be represented by counsel, to present evidence in his or her behalf and confront the evidence against him or her. If, upon considering the evidence presented at the hearing, the Village Administrator adheres to the finding, the Village Administrator may reinstate the permit with additional conditions related to the violation or improper practice which has been found or revoke the permit and forfeit the applicant's cash deposit.
§~247-22. Reservation of rights.
Neither the adoption of this article nor the granting of any permit pursuant hereto shall be construed as a waiver of any right, privilege or immunity of the Village of Tarrytown with respect to streets and sidewalks, whether express or implied.
§~247-23. Penalties for offenses.
Any person who shall violate any of the provisions of this article shall be liable to prosecution in the Village Justice Court and may, upon conviction thereof, be liable to a fine that shall not exceed $500, imprisonment for not more than 15 days for each such offense, or both such fine and imprisonment. If a fine imposed pursuant to this article resulting from the maintenance, use or operation of sidewalk vending is not paid within five business days after the fine is imposed, the Village.

SECTION 3.  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

Christopher Reising, 51 Main Street, stated the following:
  • He thanked Administrator Blau and the Board of Trustees for taking this on and getting involved and developing new legislation with regard to Sidewalk Musicians.
  • He has brought musical ambiance to Main Street for the past few years, not knowing that he was breaking the law at the same time.
  • He is aware that the Village is concerned with noise levels.  He purchased a decibel reader device.  He measured the music he plays and the decibel reading is approximately 50-60 decibels.  The average conversation is at 60 decibels and a baby crying is from 40-80 decibels.
  • He noted that there are four things in the legislation that he doesn’t agree with:
  • He had submitted specific locations where he believes the sidewalk musicians should be located and there is no provision in the law specifying these locations.  He believes there should be 3 musicians; one at 51 Main Street, one at Mint and one at Coffee Labs.  He also noted that there was a musician on Broadway.  He is suggesting one musician per block.
  • A sidewalk musician may play a non-amplified musical instrument.  He requires a small amplifier to play his music.  
3.  The sidewalk musician shall not solicit, in any form including tips.  He believes that the main reason for his music is to interact with people and connect with the community and to make a few bucks.  This is not panhandling or begging.  It is sharing your love for music and adding ambience to the neighborhood.  If people like what they hear, they will tip.
4.  The permitted activity shall only be conducted from 5 p.m. to 9 p.m.  He believes the highest foot traffic is from 6 p.m. to 10 p.m.

Mayor Fixell stated that he would like to pass the legislation that is before the Board of Trustees tonight and then the Board of Trustees can take another look at it at a later time to make changes where they feel necessary.

Dave Thomas, owner of Little B’s on Main Street, stated that he is a big fan of music in the street.  Our Village is very “hip and artsy” and we have some great things and he believes that music in the street will work out great here.

Victoria, Tarrytown resident, stated that she thinks the street musicians are a welcome pleasure.  She believes it would be sad and unfair if they were not able to receive tips.  People are showing their appreciation for the music and it is a very important part of that exchange.  She also stated that she believes if a person wanted to sing along with the musician, that it should be permitted.

Administrator Blau stated that when the Board of Trustees directed him to draft a law for Sidewalk Musicians, he reached out to other communities in Westchester County.  Tarrytown is the first community to consider a law for sidewalk musicians.
                                  
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried, that the hearing be closed.

Trustee Zollo moved, seconded by Trustee Basher, 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 amend the Code of the Village of Tarrytown, Chapter 218 entitled “Parades” and Chapter 247 entitled “Sidewalk Cafes and Vending” to allow limited sidewalk entertainment.

WHEREAS, a public hearing was held for the proposed action on September 4, 2012; and

WHEREAS, a notice of public hearing was published in the Journal News on August 22, 2012; 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. 6 of 2012.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD ONLY ON AGENDA ITEMS.   SPEAKERS SHALL HAVE THREE (3) MINUTES TO ADDRESS THE BOARD OF TRUSTEES

Mayor Fixell asked if anyone wanted to address the Board on agenda items. No one appeared.

INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY – CABLEVISION

Trustee McGee 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 does hereby authorize and direct the Village Administrator to enter into an Inter-Municipal Agreement between the Village of Tarrytown and Westchester County in order for the Village to receive the provision of voice, video and data transmission services along a high-speed telecommunications network per the agreement between Westchester County and Cablevision Lightpath, Inc.

AMENDMENT TO THE MASTER FEE SCHEDULE – RECREATION PROGRAM

Trustee Basher 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 amends the Master Fee Schedule for the Village of Tarrytown as follows:

  • Adult Exercise Classes (Core Resistance Aerobics, Pilates and Zumba) - from $96.00 to $120.00
  • Add – Sidewalk Musician - $10.00 annual permit fee (maximum of 4 permits per year)
SURPLUS VEHICLE – OLD SENIOR VAN

Trustee Zollo moved, seconded by Trustee Basher, 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 declare the following vehicle as surplus:  

        2000 GMC – Old Senior Van

BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to dispose of the surplus vehicle.
        
SCHEDULE A PUBLIC HEARING – ALARM USER PERMITS
Trustee Zollo moved, seconded by Trustee Basher, 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 September 17, 2012, to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 76-3 entitled Alarm user permits; application; fee; violations; denial or revocation, to provide for renewals of alarm permits every two years as opposed to every year.  

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON AUGUST 20, 2012

Trustee Zollo 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 August 20, 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: 6-0     

BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers included in Abstract No. 3 and hereby orders the Audited Vouchers to be paid in the following amounts:

                        General         $    427,993.29
                              Water                  24,067.56
                        Sewer Fund                               0.00
                        Capital                 72,953.88
                        Library                 10,422.92
                        Trust & Agency                  15,323.84
                        Total                       $    550,761.49

The Board was polled all voting “aye” with the exception of Trustee Hoyt who recused himself from Voucher Numbers 2012237565 and 2012237566.   Motion carried.   6-0

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

Mayor Fixell questioned whether anyone wished to address the Board on any matter.  No one appeared.  

ADJOURNMENT

Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried, that the meeting be adjourned at 8:31 p.m.


Carol A. Booth
Village Clerk