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Tarrytown Board of Trustees Meeting 12/5/11

Police Officers Recognized for Capturing Robbers; Questions Continue on Confined Space Regulations; Tattoo Parlor Law Restricts Proximity to Schools

Two Tarrytown police officers, Gregory Budnar and Christopher Cole, were recognized with written accommodations for their quick actions in capturing robbery suspects in two separate incidents, one also involved attempted murder.  

Public Comments

Tarrytown resident Mark Fry said he reviewed all meeting minutes since 2005 and wanted to recognize the Board for a doing a good job.  

"I stand in awe at all this Board has accomplished," he said. "The silent majority is happy with what you are doing. Keep up the good work."

Michelle Casarella of Tarrytown read a prepared statement critical of the Board and Village regarding confined space training.

"In 2005, the trustees said confined space training was too expensive," said Casarella. "Only now, a year-and-half after two men died, did our DPW workers receive the training they need. You only did the right thing when you were forced to."

Lori Semeraro said she noticed that work to repair a sink hole on Martling Ave. was being done without confined space equipment. "I was told this work was being delayed until after confined space training was complete. So why aren't confined space procedures being followed?"

John Stiloski questioned why the law firm retained by the Village to do an independent review of the Village's actions before and after  was also now defending the Village.  "Isn't that a violation of ethics," he asked.  "How can they do that?"

A resident of Fairview Ave. complained that taxis waiting to pick up students at the were blocking traffic. "The kids are oblivious, they just wander out into the road," he said. "Someone is going to get hurt."

Pete Lombardi, an employee of the Village, accused Mayor Drew Fixell of "pulling the street sweeper (driven by Lombardi) off the road."  Later Diane Touhey demanded to know if Fixell had taken the street sweeper off the road.  "I don't think it's fair that I have to move my car and get a ticket for a service that is not being provided," said Touhey.

Fixell explained that he had only asked the question: "Would it make sense to stop the street sweeper until the leaves got picked up?", adding, "That is the extent of it. I didn't issue an order."

A resident of 36 Storm Street said her pile of leaves has been there since before the October snow storm.  John Stiloski asked if it is fair to have trees still down a month-and-a-half after the storm.

Resolutions

The Board passed a resolution to clarify which village boards are exempt from filling out financial disclosure forms. The exempt boards were defined as those with no decision-making authority such as the Lakes Committee, Senior Committee, etc.

Tattoo Parlor Public Hearing

Several residents spoke during a public hearing about a provision of Tarrytown's new law which allows tattoo parlors, but not within 500 feet of a school. The purpose of the hearing was to clarify the definition of school.  

The proposed location is 13-15 Neperan Road. Resident Diane Touhey read a letter from saying that the location was unsuitable even though it does fall outside the 500 foot restriction.  In addition Touhey said the proposed location is near a school bus stop and within a few hundred feet of where children gather.

"We are talking about the safety of children," said Touhey.

"You are talking about the safety of children," said Trustee Doug Zollo. "I don't think there is any conflict with the presence of a tattoo parlor and the safety of children."

Initially Tarrytown's new law also said tattoo parlors could not be located near a park, but that restriction was removed from the final language. 

"Why was the park restriction so easily stricken from the law?," asked Lori Semeraro.

"We are not trying to prevent children from ever seeing a tattoo parlor," said Mayor Fixell. "We tried to pass a law with reasonable limitations."

The Board proposed to define a school as an "institution for the education of children under age 18."

Several speakers, including Karen and John Garibaldi, argued that on Main Street, is a school for children. Diane Touhey also said the New York School of Esthetics accepted students as young as 17.

"It sounds like this law is being tailored to fit a vendor," said Karen Garibaldi.  "The graphic ads they had in the window were scary. No one should have to look at that."

The sign to which Garibaldi referred was indeed a violation of the new law restricting the type of window displays allowed. It was removed and a violation issued, according to Mayor Fixell.

The Board voted to approve the proposed definition of a school with Trustees Robert Hoyt and Becky McGovern voting no. 

"I am disappointed that we took the parks restriction out of the law," said McGovern.

John Anderson December 07, 2011 at 07:50 PM
There is NO village approved taxi stand by EF and there never should be anywhere near such a residential area.
Robert Solari December 08, 2011 at 12:03 AM
John, I agree with you. Why are they letting them line up all these taxis on Marymount Ave?
michael December 08, 2011 at 11:36 AM
It s time to put an end to the fear mongers.. this is rediculass. The martial arts is not a school, even if they teach there, and the other school is vocational. If these places are schools then they are right across the street from a bar, a store that sells beer , wine cigarets and porn. The new merchant has been a tatoo artest for many years and has never broken the laws of his trade. Never tatooed a minor! So all these precausions are baSED on fear and discrimination. Is this the way our town is going to treat a new merchant launcing his buisness. If so look falword to many many more empty store fronts, or more generic stores like SUB WAY , H&R block that isnt even open , DUNKIN DONUTS... not to mention the legality of singleing out one merchant and putting them through the ringer.
Daniel Silvers December 08, 2011 at 12:45 PM
I think the wording should read more like this: " Clarifying Information for the Definition of a School Data Definitions School definition: A school is an administrative unit dedicated to and designed to impart skills and knowledge to students. A school is organized to efficiently deliver sequential instruction from one or more teachers. In most cases, but not always, a school is housed in one or more buildings. Also, multiple schools may be in one building. By statute, a home-based private educational program is not a school. To help clarify the difference between a school and a program and to review the accountability reporting that is required at the school level, please see the following: A school: has an assigned administrator/principal responsible for all personnel actions has a unique identification code assigned by the DPI (referred to as a school code) provides or directly supervises the primary PK-12 educational services received by students in one or more PK-12 grade groups. has one or more teachers to provide instruction or care 5. may be located in one or more buildings; multiple schools may be in one building A school is not: a program for students enrolled in another public school a home-based private educational program" http://dpi.wi.gov/lbstat/defini.html Thanks to Wisconsin Department or Public Instruction.
John Anderson December 08, 2011 at 12:46 PM
Because it's Tarrytown, it's selective enforcement. They went after the tattoo guy pretty fast because he posted a sign in his shop window. Seems like there is no leadership in the village board. Robert, it is evident that corruption might exist within the vilage Government and/or Administration. Why would the village turn over the licensing of drivers to the WCTLC but not the taxi vehicles? Seems someone is protecting someones interest. Barbara Monahan, from the WCTLC stated" “If you license your drivers and in your village code you talk about anything and you don't do it: you're liable,” AND “If you have a taxi driver that's on drugs and gets into an accident, who's going to get sued? It's going to be the village.” So answer this for me. How is the village any less liable when it still licenses the vehicles (which the driver on drugs might be driving) and the so called companies? As far as I'm concerned, and anyone with a brain would not beg to differ, the village is still responsible for the taxi drivers actions. The village gives permission for a person or company to obtain taxi plates form the DMV. They are responsible for those plates AND the vehicles those plates are attached to.
Daniel Silvers December 08, 2011 at 01:07 PM
Also, is it not true that tattooing and tattoo removal are both taught at the New York School of Esthetics? And they are accepting students under 18? I would say that being in the same room with minors is violating that 500 foot regulation... But, on a side note, they have been doing it for a while and had no issues... Except that they have been violating the Tarrytown code that Mr Hognell helped change, being that there was to be no tattooing in town... So how does that work exactly? And all the salons that do cosmetic tattoing?
Scott Croft December 08, 2011 at 02:06 PM
On the tattoo parlor: "The graphic ads they had in the window were scary." This is headless horseman country people. Need I say more?
ralph brady December 08, 2011 at 06:29 PM
I dont really see what all the hoopla is all about as far as having taxis lined up on Marymount Ave. This is not a residential area and the closest house is quite a bit away. It really doesnt make any sense to have the taxis return to the stand and then come back to EF to pick up fares when someone calls. This just adds to the traffic and the pollution. If anything I can see limiting the number of taxis or have them pull into one of the numerous lots on campus and wait there. Maybe also not allow idling while parked.
John Anderson December 09, 2011 at 05:45 PM
Ralph, the companies have no idea what they are doing, the drivers have to fend for themselves, so they have to look for a place to hang out and solicit calls

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