Regular Meeting January 4, l988 Board of Trustees Village of Tarrytown Regular Meeting No. l7 January 4, l988 8 p.m. PRESENT: Mayor Pilla; Trustees Calvey, Lichtenberger, Agro, Demers; Counsel Spencer; Administrator Blau; Treasurer Barbelet; Clerk Camilliere; Police Chief Weaver ABSENT: Trustees Lustyik, Blood The meeting began with the Pledge to the Flag. Mayor Pilla stated she wished everyone a healthy and happy new year. She noted tonight is the first night the Board is being telecast live on Cable T.V. 429. PUBLIC HEARING - CABLE T.V. Administrator Blau read the following Notice of Public Hearing: PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 4th day of January, l988, at 8 p.m. in the Municipal Building, 2l Wildey Street, Tarrytown, New York, to hear comments from the residents of the Village of Tarrytown regarding the cable television service provided by American Cable Systems, One Van Cortlandt Avenue, Ossining, New York. Said American Cable Systems is proposed to be merged with Continental Cablevision, Inc. All interested parties are invited to attend and be heard. Access to the meetingroom is available to the elderly and the handicapped. Mrs. Emily Spaulding of American Cablesystems appeared before the Board along with other representatives of American and Continental Cablevision. Referring to a newspaper article in The Daily News on New Year's Day about the reduction in hours of a cable program conducted in Spanish, Mrs. Spaulding stated the company has reviewed the matter and Channel 47 will be coming back full time - on Channel 39. The company has had to purchase new equipment to accomplish this and hopefully it will be on line by the end of the month. She stated any customers with a converter box not reaching Channel 39 should contact the company. Mayor Pilla stated she appreciated the company addressing the concerns of the Spanish community. Mr. Danny Rodriguez, 35 Central Avenue, stated a cable company of this size should be dealing in demographics and with the large influx of Spanish-speaking people into the communities, this should have been taken into consideration before the cutback was made. Mr. John Campbell of American Cable stated they conduct annual viewership studies and that will continue. They did that with regard to the Spanish programming. The population showed low viewership; however, it is intense viewership. That is why the company has decided to again have this a full time channel. Mrs. Homolya, 37 Hudson Terrace, North Tarrytown, stated the Spanish-speaking community is asking for programming conducted in Spanish. She felt they should be seeking programming to help them with the English language - and these English lessons could be conducted at all levels. She stated cable television could be used as a tool to help the Spanish community overcome difficulties with the English language. Mr. Geraldo FitzGibbon, l River Plaza, stated the Hispanic residents do speak English; however, they enjoyed the Spanish programming and were merely seeking to have restored what was taken away. Board of Trustees -2January 4, l988 Ms. Sunny McLean, Director of Public Television on Hudson, stated they have been making three Spanish cable television programs on a regular basis, working with St. Teresa's Church in North Tarrytown and the C.O.C. She stated these are available on the public access channels. Mr. Paul Feiner, County Legislator from Greenburgh, stated he is impressed with American Cablesystems as well as Continental Cablevision who will be purchasing American. He stated he is working with U.A. Columbia and has had a very difficult time getting anything from them. Mr. Feiner stated a meeting has been scheduled for Tuesday, January 26, at Greenburgh Town Hall, pertaining to the cable industry. As a result of deregulation of the cable companies, it has been difficult for municipalities to have a voice. Mr. Feiner stated he is trying to form a citizens committee to deal with cable television matters and he felt competition would improve service for everyone. Mrs. Sandy Galef, County Legislator, thanked the cable company for restoring the Spanish programming. She stated when the cable franchise in the Tarrytown consortium first started, Roger McLean was very tuned in to community service and access; however, there has not been a growth in public access by the cable company. That has been accomplished through Sunny McLean and Hal Moore. She expressed hope that the cable company would make the equipment available to all the municipalities and provide paid staff coordination for public access as U.A. Columbia does. "I don't think we can rely on volunteers to take care of the needs in all the municipalities." Mayor Pilla stated Tarrytown took the initiative and has contacted all the municipalities in our franchise in order to meet and determine what is needed. Ms. Joyce Sciepura, 95 Beekman Avenue, North Tarrytown, stated cable television in this country should be for Americans. A representative from The Church of the Way to God stated he has been involved with public access for five or six years and he is concerned that it continue. It offers a service to various segments of the communities. Although it has been difficult to get people involved in public access television, it is a service that should continue. "If the cable companies as they merge find it to their benefit, there could be rapport with the cable producers to help public access." Mr. Ed Suarez, 53 Eunice Court, stated the Spanish community had not asked for more time or more channels. They only asked that what was taken away be restored. He stated his family speaks English but there are older Spanish residents, many in their 80s, who do not and this programming was greatly enjoyed by them. He thanked the cable company for restoring this programming. Mr. Nick Robinson, President of the Historical Society of the Tarrytowns, stated public access is very important. They have had several programs televised and would hope it is something they could continue. Rev. Samuel C. Hill, Pastor of the Foster Memorial AME Zion Church, stated they are very much in support of public access and last February a program was done on the Church (which is an historic building) and Amanda Foster one of the Church's founders. "I would like to hope people will continue to use it and it will remain in the community so people can have access to things happening in the community." Mr. Hal Moore, Franklin Courts, stated there are different parts of cable television. One is public access. He and Sunny McLean are presently running Public Television on Hudson and are setting up a full access studio with connection to cable for live as well as recorded programming. "In order to do this and maintain a strong public access source in the franchise area, we have now been working on a project of getting funding and talking to cable Board of Trustees -3January 4, l988 about them supporting the public access feature as they do in other areas of the country." Mr. Moore stated the studio should also help in training volunteers. The second matter is the consortium and he stated he was glad to hear they will be meeting. If they had held regular meetings this meeting tonight might have been unnecessary and there might not have been the haste with the sale of American to Continental. Nobody knows what Continental is bringing to the table - they are purchasing the franchise which American never lived up to. "I hope the changes are for the better and reflected by improvements in the entire cable system. We are dealing with an archaic system. There are so many advantages in the modern world of cable television. I wish you and me luck with this deal." Ms. Margaret Sofio, a representative of Continental Cablevision, stated, "What we want to do after the merger goes through is to spend time doing a review of systems operations to see if improvements can be made that are reasonable. Following the review of the systems operations, we will be preparing a report which we will submit to you and the State Cable Commission. I can assure you that public access will continue. Continental puts a high priority on local programming. We have been in business 25 years and over that time we have won more than our share of programming awards. I think local programming is an asset and will continue and built upon. It isn't true that because of our size we don't care what you do. Our size has been built because of our concern about what you are doing. We would not have won additional franchises and had the additional growth without our track record. The results of our survey will be shared with you by the end of the year. That is a promise and has been put in writing to the State Cable Commission." Trustee Calvey stated Tarrytown is an historic community and we are proud of the Hudson River and our Hispanic residents. He stated public access is important and must continue. Trustee Demers stated he was very concerned to read about the cutback of Channel 47; however, he is also concerned about the suspension of Channels 49 and 50 which were the public service channels. "Cable T.V. provides variety and that is important. If more and more television becomes commercial and subject to the influence of the market place, I think it is important that we have variety. The public service channels are extremely important to us. I want to make a strong play to preserve and increase the variety we have by maintaining the public service channels and increasing the public access televising services." Trustee Lichtenberger stated she brought up a number of matters last month and has subsequently had discussions with Emily Spaulding as well as representatives from Continental Cablevision. She felt this was the time to get a commitment on the record about specifics which will be provided (e.g., increased channels, discreet selection, etc.) "I want to know these are areas you will be addressing and you are committed to. I don't want to wait until the franchise is up. The other item I am concerned about is the age of the system. I would like some indication as to what avenue of financing you will have for the improvements and how will the subscriber be affected by those improvements." Mayor Pilla stated she too had concerns and was assuming this larger company would be making a capital investment and improvements to the system. She met with Mr. Sachs, Continental's Vice President on Development. When Continental has taken over other franchises, they have followed through and given reports to the communities involved. It is done by an outside firm and Continental submitted one such report, dated July 2l, l987, prepared by Kinley Simpson and Associates relative to Continental's provision of cable service to several cities in California. The report states in part, "This year we were in a position to check with our clients of last year to see how the company had done in keeping its commitments to them. We were pleased to hear that they had done very well. In addition to Board of Trustees -4January 4, l988 asking questions regarding the company's compliance with franchise requirements or commitments, we tend to focus on the company's record of customer service and their relationships with franchise authorities. A year ago we called cities in other parts of the country and got the same good response, which indicates to us that the company philosophy is uniform in all of its systems." The report went on to detail some comments from city representatives in the Western Region: --City of Fresno, California, Jim Katen, Deputy City Manager... "I would give them almost an unqualified recommendation..they really are customer and service oriented." --City of Madera, California, Nick Pavlovich, City Manager... found Continental representatives very conscientious and readily available when he needed them. --City of Clovis, California, Kathy Hunter, Assistant City Manager..."I would have to give them an `A'..it's a 300% improvement over the past operator." --City of Tulare, California, Lynn Dredge, City Manager... "They are very businesslike and professional." He added they are doing everything which was promised on time, including installing new converters and adding services. --City of Stockton, California, Gary Ingraham, Assistant City Manager...felt the service was too expensive but that the system was run well and the company responsive to its customers and the city. Mayor Pilla stated, "I want to reassure the people of Tarrytown who are cable viewers and users that I think this is a step in the right direction to improve this antiquated system which needs a capital investment." Ms. Sofio stated, "Continental commits to making sure all license demands and conditions are met. We are committed to do the review and share the results. It will not be a one-sided review. We will come up with specific recommendations. I am not in a position to say what those might be. At the present time the system has been upgraded and there are 40 channels. That is better than the number available in a number of nearby communities. We will be looking at picture quality, programming services currently offered, those not offered which people desire, and there may be a need in the future to rebuild the system. Within two years we would be approaching Tarrytown to discuss renewal and if there are major capital commitments, we would be discussing them then. If those are needed, we provide the capital. We don't look directly to subscribers and say you will entirely finance this system. We can't do that. There is a limit to what people will pay." No one further appeared to address the Board on this matter. Trustee Calvey moved, seconded by Trustee Lichtenberger, and unanimously carried, that the hearing be closed. MEETING RECESSED, 5 MINUTES MEETING RECONVENED 430. PUBLIC HEARING - PARKING - SOUTH BROADWAY Administrator Blau read the following Notice of Public Hearing: PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 4th day of January, l988, at 8 p.m. in the Municipal Building, 2l Wildey Street, Tarrytown, New York, to hear and consider the adoption of the following proposed amendments to the Traffic Rules and Regulations of the Village of Tarrytown relating to Restrictions on Parking on South Broadway: Material to be added is in full capital letters. Ordinance 3.5 Restrictions on Parking Board of Trustees -5January 4, l988 Section l. Restrictions Except as otherwise provided by Parking Meter Ordinance or as modified specifically herein, no person shall park a vehicle in any of the following places at any time. South Broadway East Side: NO PARKING FROM NEPERAN ROAD SOUTHERLY FOR A DISTANCE OF 54 FEET. All interested parties are invited to attend and be heard. Access to the meetingroom is available to the elderly and the handicapped. Mayor Pilla questioned whether anyone wished to address the Board on this matter. No one appeared. Trustee Lichtenberger moved, seconded by Trustee Calvey, and unanimously carried, that the hearing be closed. Trustee Demers moved, seconded by Trustee Agro, and unanimously carried, to amend the Village of Tarrytown's Traffic Rules and Regulations relative to Ordinance 3.5, Section l, South Broadway, as read in the Notice of Hearing tonight. 43l. PUBLIC HEARING - PARKING - WILDEY STREET Administrator Blau read the following Notice of Public Hearing: PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 4th day of January, l988, at 8 p.m. in the Municipal Building, 2l Wildey Street, Tarrytown, New York, to hear and consider the adoption of the following proposed amendments to the Traffic Rules and Regulations of the Village of Tarrytown relating to restrictions on parking on Wildey Street: Ordinance 3.5 Restrictions on Parking Section l. Except as otherwise provided by parking meter ordinance or as modified specifically herein, no person shall park a vehicle in any of the following places, at any time Wildey Street South Side: FROM A POINT 101 FEET WEST OF MECHANICS AVENUE WESTERLY FOR A DISTANCE OF 40 FEET 15 MINUTE PARKING BETWEEN THE HOURS OF 8 A.M. AND 4 P.M. ON TUESDAYS AND THURSDAYS. All interested parties are invited to attend and be heard. Access to the meetingroom is available to the elderly and the handicapped. Mayor Pilla questioned whether anyone wished to address the Board on this matter. Reverend Samuel C. Hill, Pastor of the Foster Memorial AME Zion Church, stated that at the present time there is no parking three days a week on that side of Wildey Street. The church is an historic site and with parking in front of it, it is frequently blocked from view. Also, they have funerals and weddings and it is a problem when cars are parked directly in front of the church. Reverend Hill stated, "We are asking the other two days we have no parking in front of the church for the two small spaces directly in front of the church. We are looking to have the church open during the day and this would make it more visible." Police Chief Weaver stated there are two concerns. The first is the concern of the church with vehicles parking long-term in front of the church and the second is the concern of the Board of Trustees -6January 4, l988 residents with limited parking because of the alternate side parking. This public hearing being considered would permit l5 minute parking in front of the church. With only l/2 hour notice the Police Department could post for No Parking because of a church event - funeral, wedding, etc. The Chief stated he felt this should be tried and if it does now work, then the Board could consider eliminating parking completely in front of the church. The Chief noted the next hearing to be considered by the Board tonight would permit parking on both sides of the lower portion of Wildey Street which should help the residents. Mrs. Barbara Young, a resident of lower Wildey Street, stated the Police Chief is suggesting one thing and Reverend Hill is suggesting something else. "I am questioning whether a l5 minute time slot can be enforced. Parking is limited on the street and I feel the residents should come first on a seven day basis. To an extent, because of the church, the parking is as bad as it is. I realize it is an historic site but a couple of years ago when the residents were here about Diamond Dairy, the Church did not have its act together and that is why we are in the state we are in. If there is no parking, the parking should be for no one the congregation or the residents." Mr. Ray Young, 93 Wildey Street, stated, "I think if we made the street one way down we would solve a lot of problems." Mayor Pilla stated she would have the Chief look into this. No one further appeared to address the Board on this matter. Trustee Lichtenberger moved, seconded by Trustee Demers, and unanimously carried, that the hearing be closed. Reverend Hill stated if the Board adopted this ordinance as presented tonight he would accept it; however, it was a disappointment. They had wanted no parking in front of the church - only for the two spaces. Mrs. Young stated the main problem on the street is caused by Diamond Dairy. She stated they have received approvals at various times before different Boards; however, they always exceed their approvals. The property is crowded with trailer trucks and employees must park on the street adding to an already congested situation. Trustee Demers suggested the Village Administrator investigate the approvals granted over the years to Diamond Dairy to see if in fact they have exceeded the approvals granted. The Mayor suggested the Board hold action on this matter until the Village Administrator can do this research and the Board can further discuss this with the Police Chief in Work Session. All agreed. 432. PUBLIC HEARING - PARKING - WILDEY STREET Administrator Blau read the following Notice of Hearing: PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 4th day of January, l988, at 8 p.m. in the Municipal Building, 2l Wildey Street, Tarrytown, New York, to hear and consider the adoption of the following proposed amendments to the Traffic Rules and Regulations of the Village of Tarrytown relating to restrictions on parking on Wildey Street: Matter to be added is in full capital letters. Matter to be deleted is parenthesized. Ordinance 3.5 Restrictions on Parking Section 2. No person shall park a vehicle in any of the following places Board of Trustees -7January 4, l987 between the hours specified below, regardless of whether or not any of the said places include parking meter spaces. The restrictions prescribed in this section shall be in addition to and not in substitution for any other limitations on parking prescribed in this chapter. Wildey Street (from Broadway to Orchard Street) North Side: No parking from 8 a.m. to 4 p.m. on Tuesdays and Thursdays from Broadway to A POINT 156 FEET EAST OF Valley Street. NO PARKING FROM 8 A.M. TO 11 A.M. ON TUESDAYS AND THURSDAYS FROM VALLEY STREET EASTERLY FOR A DISTANCE OF 156 FEET. South Side: No parking from 8 a.m. to 4 p.m. on Mondays, Wednesdays and Fridays from Broadway to (Valley Street) A POINT 109 FEET EAST OF CENTRAL AVENUE. NO PARKING FROM 8 A.M. TO 11 A.M. ON MONDAYS, WEDNESDAYS AND FRIDAYS FROM CENTRAL AVENUE EASTERLY FOR A DISTANCE OF 109 FEET. All interested parties are invited to attend and be heard. Access to the meetingroom is available to the elderly and the handicapped. Mayor Pilla questioned whether anyone wished to address the Board on this matter. No one appeared. Trustee Lichtenberger moved, seconded by Trustee Agro, and unanimously carried, that the hearing be closed. Trustee Demers moved, seconded by Trustee Lichtenberger, and unanimously carried, to amend the Village of Tarrytown Traffic Rules and Regulations relative to Ordinance 3.5, Restrictions on Parking, Section 2, Wildey Street, North Side and South Side, as read in the Notice of Hearing tonight. 433. PUBLIC HEARING - PARKING - WHITE PLAINS ROAD Administrator Blau read the following Notice of Public Hearing: PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 4th day of January, l988, at 8 p.m. in the Municipal Building, 2l Wildey Street, Tarrytown, New York, to hear and consider the adoption of the following proposed amendments to the Traffic Rules and Regulations of the Village of Tarrytown relating to Restrictions on Parking on Route ll9: Ordinance 3.5 Restrictions on Parking Section l. Restrictions Except as otherwise provided by Parking Meter Ordinance or as modified specifically herein, no person shall park a vehicle in any of the following places at any time. White Plains Road North Side: NO PARKING ON THE SHOULDER OF THE ROADWAY FROM CARROLLWOOD DRIVE EASTERLY TO THE VILLAGE BOUNDARY LINE. All interested parties are invited to attend and be heard. Access to the meetingroom is available to the elderly and the handicapped. Mayor Pilla questioned whether anyone wished to address the Board on this matter. No one appeared. Trustee Lichtenberger moved, seconded by Trustee Demers, and Board of Trustees -8January 4, l988 unanimously carried, that the hearing be closed. Trustee Lichtenberger moved, seconded by Trustee Demers, and unanimously carried, that the Board amend the Village of Tarrytown Traffic Rules and Regulations, Ordinance 3.5, Section l, relative to White Plains Road, as read in the Notice of Hearing tonight. 434. PUBLIC HEARING - C.D. BLOCK GRANT APPLICATIONS Administrator Blau read the following Notice of Public Hearing: PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 4th day of January, l988, in the Municipal Building, 2l Wildey Street, Tarrytown, New York, to hear and consider comments from residents regarding the Community Development Block Grant applications for l988-90. Items to be discussed will include, but not be limited to, the following: l. Sidewalk Replacement Program - Broadway 2. Improvements to Water System All interested parties are invited to attend and be heard. Access to the meetingroom is available to the elderly and the handicapped. Mayor Pilla questioned whether anyone wished to address the Board on this matter. No one appeared. Administrator Blau explained the purpose of the CD Block Grant program. He noted the County has established two items as high priorities for the upcoming three-year program: (l) Economic Development, (2) Improvement of Housing Stock. Mr. Blau reviewed anticipated projects for Tarrytown's grant application submissions. First, the sidewalk replacement program from the south end of the commercial district on Broadway to Dixon Street. The cost for this project is approximately $200,000. As a second priority of this project would be to extend the sidewalk program to the east side of Broadway. The cost to perform that work from Neperan Road to C-Town Supermarket would be approximately $l54,000. Second, dredging of the lower lake to improve the quality of water provided to residents in the low service area. The cost for dredging is estimated at $550,000. Trustee Calvey moved, seconded by Trustee Demers, and unanimously carried, that the hearing be closed. 435. PUBLIC HEARING - AMENDMENTS TO ARB LEGISLATION Administrator Blau read the following Notice of Public Hearing: PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 4th day of January l988 at 8 p.m. in the Municipal Building, 2l Wildey Street, Tarrytown, New York, to hear and consider the adoption of a local law amending Local Law No. 4 of the Year l987 adopted on August l7, l987, entitled Local Law Establishing Architectural Review Board. A complete copy of the proposed amended text of said local law is available for inspection in the office of the Village Clerk during normal business hours - 8:30 a.m. to 4:30 p.m. Monday to Friday. All interested parties are invited to attend and be heard. Access to the meetingroom is available to the elderly and the handicapped. Mayor Pilla questioned whether anyone wished to address the Board on this matter. Mr. Nick Robinson, President of the Historical Society of the Tarrytowns, stated, "The Society has been very interested in the strength of the ordinance and protection of historic sites in Tarrytown. We support the amendments. This Board supported the Board of Trustees -9January 4, l988 Historic Grove Street District in l978 which was the first historic district in the County. One of the reasons for having an historic preservation ordinance is you can qualify the commercial properties for income tax credits. This was continued in the Tax Reform Act of l986. It is a substantial incentive to keep old buildings. The owners only qualify for the historic tax credits if the ordinance has been certified. Ours was. We would request that the Village go ahead as a makes these amendments to proceed to have it recertified so there is no question the property owners can qualify. We would urge Tarrytown become the first community in Westchester to also certify the Tarrytown ordinance under State law. The Historical Society has requested an historic federation grant. The State of New York advised us because we did not have a certified ordinance under the State law they would take points away from us. There is no other community in Westchester who has the certification. They have not applied. The Historical Society would request you apply." Mr. Herbert Osterman, l5 Grove Street, stated, "I am concerned with two items specifically in the law you are about to adopt. The first has to do with the procedure to obtain a Certificate of Appropriateness. For the past eighteen months the Village has been involved in a lengthy determination in granting a Certificate of Appropriateness. It seemed there was no specific procedure that was set forth in the act itself. This despite the fact that you can find in the files of ARB a specific procedure to follow and also a written form that must be filed in order to obtain a Certificate of Appropriateness. It would seem appropriate to incorporate that in the law. Perhaps you don't have time to do that now but it is something that must be taken into consideration. If it is not incorporated into the law, perhaps the Board of Trustees could suggest to the ARB they want to adopt a definite procedure. That might alleviate some of the problems we did have. There is another item, based upon a cursory review. The Landmark and Historic District Act was amended in l979 putting forth a new Article 5, Enforcement, setting forth penalties for violation. I did not notice that in the new material you have before you." No one further appeared to speak. Trustee Calvey moved, seconded by Trustee Agro, and unanimously carried, that the hearing be closed. Mayor Pilla suggested that the Board consider passing the amendments put forth tonight and then having the Village Administrator work with Mr. Robinson on the certification. At an upcoming work session the Board can review Mr. Osterman's suggestions. Trustee Demers moved, seconded by Trustee Agro, that the Board adopt Local Law No. l of the Year l988 which amends Local Law No. 4 of the Year l987. Said Local Law No. 4 of the Year l987 is amended as made available to the public in the Office of the Village Clerk. The amended sections are as follows: Section 4: Construction affecting exterior visibility from street, windows, security grills, fencing, walls. Section 5: Sign variances. Section 6(B): Certificate of Appropriateness language from Landmark District Law included. Section 7: Length of time for ARB determination increased to 75 days. Section 8: Fees established. The Board was polled on the motion. Trustee Calvey stated, "Having voted against an Architectural Review Board at another Board meeting, I still look back to when we had an Historical Architectural Review Board which received national recognition and was a model for many subsequent formal boards in Westchester County. Why outside pressure would ever convince the Mayor or us on this board to disclaim and do away with such a credit to our community is hard to know. I vote no." Board of Trustees -l0January 4, l988 Trustee Lichtenberger stated, "While the modifications to the original local law establishing ARB are a step in the right direction and answer some of my objections to the original local law, they still do not go far enough - nor does it address the father of this legislation, the Historical Architectural Review Board. In the former, it still places an undue burden on the single family homeowner by adding yet another board, which consumes time and added expenses. The similarities/ dissimilarities portion is still too vague to permit the ARB to function without personal preference being a prime motivation. Windows, fences, etc. are still included. On the latter, the majority did away with a precedent setting model piece of legislation when it rescinded HARB. We would not be sitting here tonight or sitting in the future to add another part if we sat down as a Board and improved upon the original HARB legislation. Since this legislation does not address my concerns with the original legislation, I must vote no." Trustee Agro voted yes. Trustee Demers stated, "It seems the ARB legislation does incorporate the earlier HARB legislation and extends some of the protections of that legislation to other parts of the community. I don't think we have lost any of the protection of the historic district and we are maintaining the harmony of Tarrytown by this legislation. I see the present legislation as carrying forward everything we have tried to do in setting up the historic district. This is a logical further step in which we have lost nothing. The minutes of ARB do not show me we have imposed any undue burden to the residents. The impression from reading those minutes is a Board functioning very well and moving applications speedily. If Trustee Lichtenberger has other concerns she would like to see acted on, we would be willing to listen to those concerns at a work session as we always are. I vote yes." Mayor Pilla stated she felt the ARB legislation was a step forward and a step in the right direction. It took the HARB legislation one step farther and is an attempt to protect the entire community. Mayor Pilla voted yes. Motion Carried. 436. CHANGES TO AGENDA Board members agreed to the following changes to tonight's agenda: Trustee Lichtenberger --Letter to and from Congressman Gillman Mayor Pilla --Delete vote on Local Law No. 6 of the Year l987 --Report on Fire Trucks from Trustee Lustyik --Report on Recycling from Trustee Lustyik --Letters of commendation. 437. EXTENSION OF MINI BUS FRANCHISE Trustee Lichtenberger moved, seconded by Trustee Agro, that the mini bus franchise with Gautam Sankar, providing transportation from certain locations in the Village to and from the railroad station, be extended to December 3l, l988. Trustee Lichtenberger questioned whether the rate structure has changed. Mr. Blau stated he was not aware of any change in rates; however, he would look into this. Trustee Demers questioned whether there have been any problems with the service. Mr. Blau explained the Village received one complaint because the service was stopped for a short time when Mr. Sankar experienced some problems. Those have been resolved, and the service is back in operation. The Board was polled on the motion. All assented. Board of Trustees -llJanuary 4, l988 438. 1988 VILLAGE ELECTION RESOLUTIONS Trustee Lichtenberger moved, seconded by Trustee Demers, and unanimously carried, that the following resolutions be adopted: RESOLVED, that the Registration Day for the l988 Village Election shall be Saturday, March 5, l988, between the hours of l2 noon and 9 p.m. RESOLVED, that the central polling place for the registration of voters for the l988 Village Election shall be TARRYTOWN VILLAGE HALL, 2l Wildey Street, Tarrytown, New York, for all election districts. RESOLVED, that the Village Election shall be held on Tuesday, March l5, l988, between the hours of 7 a.m. and 9 p.m. RESOLVED, that the hourly pay for Election Inspectors shall be $5.00 per hour for Registration Day and Election Day, and that the Chairman in each district shall be paid an additional $l0.00 on Election Day. The hours for which the Election Inspectors shall be paid on Registration Day shall be from ll a.m. to 9 p.m. for a total of ten hours. The hours for which the Election Inspectors shall be paid on Election Day shall be from 6:30 a.m. to 9:30 p.m. for a total of fifteen hours. RESOLVED, that the Election Inspectors be appointed to serve on Registration Day, Saturday, March 5, l988, and/or on Election Day, Tuesday, March l5, l988, in accordance with Section l5-ll6(l) of the Election Law. RESOLVED, that all persons appearing on the permanent Voter Registration List provided by the Westchester County Board of Elections, in addition to those persons who register on Saturday, March 5, l988, (the final day to register for the Village Election) shall be eligible to vote. RESOLED, that the Village offices to be filled on Election Day, Tuesday, March l5, l988, and the terms of these offices are as follows: THREE TRUSTEES -- TWO-YEAR TERM EACH RESOLVED, that the Board of Trustees shall hold a Special Meeting on Tuesday evening, March l5, l988, at l0 p.m. at the Tarrytown Village Hall to canvass the vote of the l988 Village Election. 439. SALARY INCREASE - POLICE CHIEF Trustee Lichtenberger moved, seconded by Trustee Demers, and unanimously carried, that the following resolution be adopted: BE IT RESOLVED that a salary increase of $2,986. is hereby granted to Police Chief James Weaver for the period from June l, l986, through May 3l, l987; BE IT FURTHER RESOLVED that this salary increase shall be retroactive from June l, l986, through May 3l, l987. 440. CONTRACT - NOLAN ASSOCIATES, INC. Trustee Lichtenberger moved, seconded by Trustee Calvey, and unanimously carried, that the following resolution be adopted: BE IT RESOLVED that the Mayor is hereby authorized to sign an agreement with Nolan Associates, Inc. to conduct an affordable housing study. BE IT FURTHER RESOLVED that the cost to the Village to conduct the said study shall not exceed $l0,000. Board of Trustees -l2January 4, l988 44l. POLICE APPOINTMENT - KEVIN BARBELET Trustee Lichtenberger moved, seconded by Trustee Calvey, and unanimously carried, that the following resolution be adopted: BE IT RESOLVED that Kevin Barbelet is hereby appointed to the position of Grade 5 Police Officer in the Village of Tarrytown, effective January l8, l988, at an annual salary of $l8,500., contingent upon certification by Westchester County Civil Service. 442. POLICE REINSTATEMENT - PAUL AIELLO Trustee Lichtenberger moved, seconded by Trustee Calvey, and unanimously carried, that the following resolution be adopted: BE IT RESOLVED that Paul Aiello is hereby reinstated to the position of Police Officer, Grade 4, in the Village of Tarrytown, effective January l8, l988, at an annual salary of $22,l20. 443. SET PUBLIC HEARING RE PARKING CENTRAL AVENUE Trustee Lichtenberger moved, seconded by Trustee Agro, and unanimously carried, that the following resolution be adopted: BE IT RESOLVED that a public hearing be scheduled for January l9, l988, at 8 p.m. to consider amendments to the Village's Traffic Rules and Regulations, Ordinance 3.5, Section 2, Alternate Side Parking, as it pertains to Central Avenue. 444. BUDGET OFFICER Trustee Demers moved, seconded by Trustee Agro, and unanimously carried, that the following resolution be adopted: BE IT RESOLVED that the Village Administrator shall act in the capacity of Budget Officer for the Village of Tarrytown. 445. REPORT RE PURCHASE OF FIRE TRUCKS Mayor Pilla read the following report from Trustee Lustyik: "The Village awarded the purchase of two fire trucks; a l500 GPM Pumper and an ll ft. Aerial Ladder for a total aggregate bid of $499,467.00 to Emergency One, Nichols Fire Apparatus, Hyde Park, New York, at our Board meeting of Monday, December 28, l987. Since that meeting wasn't on cable T.V., I am taking this opportunity to advise the viewing public about this purchase. The pumper will replace the 22 year old Riverside Hose truck that has had several refurbishments over the years. It was time to replace this vehicle. The replacement of our ladder truck came about after investigating the cost and time element involved with refurbishing that vehicle. Refurbishment would have meant our Village would have been without a ladder truck for at least six to eighteen months. Since we have only such vehicle, this created other problems for us. The reasons for opting for a new vehicle are as follows: l. Manpower - the new ladder has the hose already in place, saving time and manpower pulling the hose up the ladder as we have to do on our present truck. 2. The hose, already being in the ladder, can be operated remotely from the bed of the truck, an added safety and manpower saving feature. 3. Our contract with the Town of Greenburgh for Glenville fire protection, which is almost $l00,000 a year, mandates that we have one ladder and two pumpers in service at all times. 4. The Nichols Fire Apparatus Co. was willing to work with the two companies involved and through the bidding process was able to give the fire department and the village a price for replacement of the two rigs that the Board felt was in the long-term best interest of the community. For the record and information of those interested, it is the intent of the Village to refurbish fire equipment and apparatus Board of Trustees -l3January 4, l988 when and where it is judged to be safe and fiscally sound management and only to buy new when the foregoing criteria can't be met." Mayor Pilla stated Trustee Lustyik wished to thank the Truck Committees from both Riverside Hose and Conqueror Hook and Ladder Company for their cooperation. Trustee Calvey stated he also wished the record to reflect that although specifications for these trucks had been picked up by several companies, only one company bid. The Board had been advised by Counsel that the award was satisfactory. 446. RECYCLING Mayor Pilla reported that Trustee Lustyik has received the following report from the Environmental Advisory Council and he will be meeting with them on this matter in the near future. Objective: To Increase Recycling in Tarrytown l. Immediate Goals a. Update the status of recycling - who gets glass and paper, how much is recycled, and what does the village receive. b. Clean old recycling area, put up clear, visible signs. c. Publicize recycling l. letter to residents on pickups, preparation, what village saves by recycling. 2. newspaper articles. 3. sign showing progress and money saved. d. Work with the county recycling coordinator to ensure continued market for materials, work out composting problem, get help on commercial recycling and apartment recycling. e. Environmental Council will get update in December on Westchester County's plans and report to Board. 2. Short Term a. Implement source separation ordinance for glass and newspapers. b. Set up publicity for ordinance and for recycling involve community groups; brochure, display for library and schools; monthly totals for tonnage and money saved to be displayed. c. Other publicity - school calendar can have notice, Pennysaver notice, notice in small phone book. d. Schools could implement recycling as part of curriculum. 3. Long Term Goals a. Implement office paper and commercial recycling. b. Scrap metal, aluminum can recycling. c. Tire recycling. d. Oil recycling at garages. 447. LETTERS RE HANDICAPPED RAMP AT POST OFFICE Trustee Lichtenberger reported that in response to her letter to Congressman Gillman regarding the handicapped ramp at the Post Office, the Congressman had written a letter stating that based on information he received from Judith Principe of the U.S. Postal Service, "plans for an access ramp are tentative at this time because of a legal dispute about the acquisition of the building." Trustee Lichtenberger stated she would again contact Congressman Gillman advising him that the U.S. Postal Service acquired the building a year ago. Board of Trustees -l4January 4, l988 448. OPPOSITION TAPPAN ZEE II Trustee Lichtenberger stated she would send a letter to Congressman Gillman seeking his support on the Federal level for the Village's opposition to Tappan Zee II. Mayor Pilla noted Congressman Gillman is the only representative who did not respond to the Village's previous request for support on this matter. 449. HANDICAPPED RAMPS - BROADWAY Trustee Lichtenberger stated she wanted to thank Mr. Anniccherico and the Highway Department for the handicapped ramps installed at the intersection of Broadway and Neperan Road and Main Street. 450. CORPORATE DONATIONS TO POLICE DEPARTMENT Mayor Pilla reported that two local corporations - Perk Up and Gibraltar Management Co. - have each made $500 donations to the Police Department for the purchase of a new police prisoner processing camera. She thanked these companies on behalf of the Village. 45l. THANK YOU TO LITTLE GARDEN CLUB Mayor Pilla stated she wished to thank the Little Garden Club for the wreath they provided for the front door at Village Hall. 452. THANK YOU TO FIRE DEPARTMENT Mayor Pilla reported receipt of a letter from Washington Irving Boat Club thanking the Tarrytown Fire Department for the exhibition they provided on the proper use of fire extinguishers. 453. THANK YOU FOR FENCE REPLACEMENT Mayor Pilla reported receipt of a letter from Jennifer Pradas, a Tappan Landing resident, thanking the Village for the prompt replacement of the fence along Tappan Landing and Church Street since she had felt there was a safety concern. 454. THANK YOU FROM DAY CARE CENTER Mayor Pilla reported that the Elizabeth Mascia Day Care Center has expressed their thanks to Tarrytown Fireman Fred Gross who played Santa Claus for their children. 455. CHANGE OF MEETING DATE Trustee Demers moved, seconded by Trustee Agro, that the next regularly scheduled meeting of the Board of Trustees be changed from Monday, January l8, l988, Martin Luther King Day, to Tuesday, January l9, l988, at 8 p.m. 456. APPROVAL AUDITED VOUCHERS Trustee Lichtenberger moved, seconded by Trustee Demers, that the following resolution be adopted: RESOLVED: The following Voucher Abstract bearing No. ll, dated December 2l, l987, containing Vouchers No. l743 through No. l900, is hereby ordered paid in the following amounts: General $l79,l4l.52 Library 6,608.0l †††††????††††††††††††???? Water 4,992.27 †††††???†††††††††††††???? Trust and Agency 47,758.07 Capital l0l,008.00 ___________ †††††††††††††††††††??????”†††††††††††???†††††???? Total $339,507.87 ”††††††? Board of Trustees -l5January 4, l988 Trustee Lichtenberger moved, seconded by Trustee Agro, and unanimously carried, that the following resolution be adopted: RESOLVED: The following Voucher Abstract bearing No. l2, dated January 4, l988, containing Vouchers No. l90l through No. l982, is hereby ordered paid in the following amounts: General $ 84,32l.30 Water 7,855.24 Library 260.00 Trust and Agency 5,092.l2 Capital 112,268.25 ___________ Total $209,796.9l 457. APPROVAL OF MINUTES Trustee Lichtenberger suggested the following amendments to the minutes of the Board's regular meeting of December 7, l987: No. 4l5, page l3, line 2, change word Choir to Aquatic No. 4l6, page l4, line 7, (top of page), change words "the thought" to the word "that". Trustee Lichtenberger moved, seconded by Trustee Demers, and unanimously carried, that the minutes of the Board's regular meeting of December 7, l987, be approved as amended. Trustee Calvey moved, seconded by Trustee Agro, and unanimously carried, that the minutes of the Board's executive session of December 7, l987, be approved as submitted. Trustee Calvey moved, seconded by Trustee Agro, that the minutes of the Board's special meeting of December 28, l987, be approved as submitted. Trustee Demers abstained. All others assented. Motion Carried. 458. ADJOURNMENT Trustee Calvey moved, seconded by Trustee Demers, and unanimously carried, that the meeting be adjourned - l0:45 p.m. LOUISE E. CAMILLIERE VILLAGE CLERK KATHLEEN D'EUFEMIA SECRETARY