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NORTH TARRYTOWN, N.Y.
December 19, 1983

I,

A special meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

'.{fit

it

Philip E. Zegarelli,
Mayor

I

Vincent Buonanno
Joseph D. Lofaro
James J. Timmings
Emmanuel Lobato,
Trustees

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Robert J. Ponzini, Counsel

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Absent

Stephen Maceyak
William McBride,
Trustees

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Mayor Zegarelli called the meeting to order at 9:00 P.M. and
reminded the Trustees that the special meeting had been scheduled during
the public meeting of December 12, 1983.

'*!

&lt; Mr
'••' 1 1

The first item of business was to discuss the award of a contract
to J. C. Perri voted on October 24, 1983 for sewer and catch basin work.
The concern was the acceptance of the sole bid and the lack of minority
participation as it would impact the County Grant. John Biros addressed
the Board on the planning, coordination and evaluation used for this
program as well as later meetings with the County.
i
After discussion, Mayor Zegarelli moved, seconded by Trustee Lobato
to rescind the previous motion to award the contract for sewer and catch
basin work.
The Board will rebid this project using the same specifications. Bids returnable at the meeting of January 23, 1984. The Clerk
is to notify J. C. Perry and the County of this action.
Carried.

! »1

The Mayor announced that planning proposals had been received from
Fred Clark Associates, as well as, Raymond, Parish, Pine and Weiner.
The information in the two proposals will be transmitted in a confidential'
manner to the Board.
Trustee Buonanno moved, seconded by Trustee Lofaro that the salary
of H. Shubrick, Foreman Sanitation and Manuel Cappello, Foreman Water
be adjusted by 7%% retroactive to June 1, 1982 as granted other
professional employees. This will make salaries at a rate equivalent
to an annual salary of $21,094 for Cappello and $19,780 for Shubrick.
Funds for June 1, 1982-May 31, 1983 to come from accruals in General
and Water &amp; Sewer Funds. Funds for June 1, 1983 will be taken from
Contingency as required.
Carried.
Trustee
Mayor notify
to the Board
Fire Chief's

Buonanno moved, seconded by Trustee Timmings that the
the Board of Fire Wardens that they have not responded
of Trustees' request to furnish rules for the use of
cars.
Carried.

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Trustee Buonanno moved, seconded by Trustee Lobato that John
Biros be given the same percentage salary increase (7%%) for Purchasin
Agent, retroactive to June 1, 1982. Carried.
Trustee Buonanno moved, seconded by Trustee Timmings that the
meeting be adjourned at 10:30 P.M.
Carried.

Respectfully submitted,

12

(^J- —^
James J. Timmings
Acting Clerk

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y

NORTH TARRYTOWN, N.Y.
December 12, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli,
Mayor
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel Lobato,
Trustees
Robert J. Ponzini,
Counsel

Mayor Zegarelli called the meeting to order at 8:00 P.M. with
a prayer and salute to the flagf.
Mayor Zegarelli stated that North Tarrytown will be celebrating
its 109th birthday on December 17th and, as in the past, refreshments
will be served after the meeting and invited the audience to join in
the festivities.
Trustee Timmings moved, seconded by Trustee Lofaro that the
minutes of the meeting held on November 28, 1983 be approved as read.
Carried.
Mayor Zegarelli called for bids on a five man canopy cab fire
apparatus and equipment.
Treasurer Amato opened the following bids:
A.A.A. Emergency Supply Co.
White Plains, N.Y.
Pt. II
$21,075
Certified check in the amount of $2107.50 enclosed.
Pierce-Tyler
Elmira, New York
Pt. I (apparatus)
$162,566
Credit for 1960 apparatus
6,000
Total
$156,566
Bid bond enclosed.
Pt. II (Equipment)

$20,463

Trustee Lofaro moved to refer the bids to the Fire Committee
and Counsel for report back to the Board, seconded by Trustee Lobato.
Carried.
Mayor Zegarelli asked if there was anyone present who would
like to address the Board may do so at this time.

�-2Mr. Robert Carpenter, 106 Pocantico Street, inquired as to the
status of the structure which was erected by Exxon in their rear of
its property on Pocantico Street and North Broadway for which no
permit was obtained.

Trustee Buonanno stated that he talked to Mr. Biros and was tolt
that the individual who rents the property has applied for a permit
through Exxon and Exxon will render its decision. We hopefully will
have a report within a week, he said. He stated that Exxon would hav
to comply with the Village law and if necessary, apply for a variance
\

Mr. Ray Dool,M65 Webber Avenue, stated that the lights on the
flag poles have been out for sometime.
\

Mayor Zegarell^ stated that he did report this in the light book

Trustee Maceyak stated that he spoke to Mr. McCarthy and was
informed that he was having a problem with the fixture and is checkinj
into it.
Trustee Timmings stated that flag etiquette states that if there
are no lights on the flag, it should be taken down.
Mayor Zegarelli stated that flags will be flown at full staff
since the mourning period is over.

Mr. Tony Vitetta, 134 Cortlandt Street, stated that he has been
trying to have cable TV installed in his apartment and is having
problems with the neighboring property owner who refuses to allow the
cable company to install the wires on his property. He stated that
there are 25-30 residents of Cortlandt Street who cannot get cable TV
Counsel Ponzini stated that he talked to Rep. Ottinger's office
as well as Rep. Gilman's office to intercede for him. There is a
change of ownership and new personnel, said Counsel, and hopes that
the situation will be remedied.
Counsel stated that he will contact the new manager about the
problem.
On a question of Trustee McBride as to what happens when the
abutting property owner refuses to allow cable on his property,
Counsel stated that the franchise places a certain responsibility on
the company to get those wires in there.
Mr. Sylvester Williams, Cortlandt Street, inquired about garbage
rules. He stated that he left garbage out on the sidewalk and the
men would not remove it.
Mayor Zegarelli stated that there is no reason why they should
not pick up the garbage and referred the matter to Mr. Biros.
Mayor Zegarelli stated that there has been a lot of discussion
regarding appointments of individuals and as a result of same, a
compromise has been agreed to.

�-3Mayor Zegarelli proposed the following names for six positions
as a partial compromise:
Village Prosecutor
- Robert Peirce
Village Assessor
- Antonio Soares
Recreation Commission
- Eva Piedimonte, E. Tsekerides
Library
- Joan Levy
Planning Board
- James Galgano
Trustee Buonanno moved to confirm the appointments, seconded
by Trustee Lobato.
Trustee Maceyak moved to amend the motion that each individual
be voted upon individually, seconded by Trustee Buonanno.
On the amendment:
Trustee Maceyak
"
Buonanno
"
McBride
Mayor Zegarelli voted

Yes
Yes
Yes
"No".

Trustee Lofaro
- Yes
"
Timmings - No
"
Lobato
- Yes
Carried.

Mayor Zegarelli polled the Board on Robert Peirce, Village
Prosecutor, to fill the unexpired term of John Tucciarone:
Trustee Maceyak
11
Buonanno
"
McBride
Mayor Zegarelli voted

No
Yes
No
"Yes".

Trustee Lofaro
"
Timmings
"
Lobato
Carried.

- Yes
- Yes
- Yes

Mayor Zegarelli polled the Board on Antonio Soares, Village
Assessor, to fill the unexpired term of V. Page:
Trustee Maceyak
"
Buonanno
"
McBride
Mayor Zegarelli voted

No
Yes
No
"Yes".

Trustee Lofaro
- Yes
"
Timmings - Yes
"
Lobato
- Yes
Carried.

Mayor Zegarelli polled the Board on Eva Piedimonte, member of
the Recreation Commission, for a term of five years as follows:
Trustee Maceyak
"
Buonanno
"
McBride
Mayor Zegarelli voted

No
Yes
No
"Yes".

Trustee Lofaro
"
Timmings
"
Lobato
Carried.

- Yes
- Yes
- Yes

Mayor Zegarelli polled the Board on Elias Tsekerides, member of
the Recreation Commission, to fill the unexpired term of William Shroba
as follows:
Trustee Maceyak
"
Buonanno
"
McBride
Mayor Zegarelli voted

Yes
Yes
Yes
"Yes".

Trustee Lofaro
- Yes
"
Timmings - Yes
"
Lobato
- Yes
Carried.

�-4Mayor Zegarelli polled the Board on Joan Levy, a member of
the Library Board for a term of five years as follows:
Trustee Maceyak
- Yes
Buonanno - Yes
"
McBride
- No
Mayor Zegarelli voted "Yes".

Trustee Lofaro
- Yes
"
Timmings - Yes
"
Lobato
- Yes
Carried.

Mayor Zegarelli polled the Board on James Galgano, a member of
the Planning Board for a term of five years:
Trustee Maceyak
- Yes
Buonanno - Yes
McBride
- No
Mayor Zegarelli voted "Yes".

Trustee Lofaro
- Yes
"
Timmings - Yes
»
Lobato
- Yes
Carried.

Mayor Zegarelli stated that the position of building inspector
is still open.
Trustee Timmings moved that the salary of Assessor be establish
at a rate equivalent to the annual salary in the budget, seconded by
Trustee Lobato.
Carried.
Mayor Zegarelli stated that we may need to adjust it.

In connection with the position of Assessor, Mayor Zegarelli
read a letter from the N.Y. Telephone Company, Legal Department,
informing the Assessor that the N.Y. Telephone Company's 1983 statio
equipment assessment of $123,900 for the Village should be reduced t
none for 1984 and future tax years. The letter cited various judici
and regulatory determinations, including the court-mandated divestit
of A.T. &amp; T which have resulted in a reconfiguration of the Bell Sysl
network, including the N.Y. Telephone Co. portion of the network.
REPORTS OF COMMITTEES

Before going into committee reports, Mayor Zegarelli, addressing
his remarks to Trustee Maceyak, stated that he could not, at previous
times, attend Board meetings and work sessions.
He stated that what
concerns him and fellow members of the Board that he has not been as
attentive to the committees, work sessions and other meetings and tha
is why he sent out a memo to the recreation and public works commits
that the department heads report to him, as Mayor, until the matter
resolved.
He inquired of Trustee Maceyak as to where he stands.

Trustee Maceyak explained that he apologized at the last meeting
for his absences which were due for personal reasons and illness. Wi
regard to the interviews which were scheduled, he had called the
Village Clerk and told her that because of the bad weather, he would
have to work and that she call the other members of the committee to
see if they would be here to interview.
He stated that he had late
talked to Trustee Lobato and he would do the interviews. At 8:30 P.I
the Mayor had cancelled the interviews. He stated that he should ha

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Messrs. Lofaro and Biros to find out if he was abusing his committees. J
He stated that he has kept abreast of all activities in his departments.!
Trustee Titnmings stated that the Mayor is an ex-officio member of r
all committees and should be able to direct any department head to keep ;
him apprised of anything.
j,

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Mayor Zegarelli stated that he does not have the authority to
remove a Trustee from a committee and stated that it was up to the
Trustees to have him removed from his commitees if they so desired.

N

Trustee Lobato stated that he will remain on his committees.
Mayor Zegarelli then asked Trustee Maceyak to give his report.
PUBLIC WORKS
Trustee Maceyak gave the following report:
Repaired hydrants on Washington Street at College Avenue, County
House Road and River Street.
Balance as of December 12, 1983 in the Water Account is $16,161.
Repaired deteriorated sidewalk on Clinton Street.
Removed dead and/or diseased trees on New Broadway, Barnhart
Avenue, Bellwood Avenue and Riverside Drive.
Concentrated all efforts on picking up the remainder of leaves
under the no bagging policy which has been in effect since Oct. 17th.
As of this date, all streets have received attention at least three
times. Effective December 15th, all leaves, grass clippings, etc.
will again have to be placed in containers and at the curb and only
on Mondays and Thursdays.

M

I I'M

In connection with the replacement of the cab on the Mack
sanitation truck, Trustee Maceyak moved, seconded by Trustee Buonanno
that the Village Treasurer use her discretion, after discussion with
the finance committee, as to whether or not a capital note is necessary
for the payment of the cab replacement.
Carried.
In accordance with the Public Works contract, the public works
departments will close on December 26th and January 2nd, said Trustee
Maceyak.
POLICE &amp; LIGHT
Trustee McBride gave the following police report for the month
of November:
(In detail official minutes)
Trustee McBride stated that car 506 was totaled in an accident
and will not be replaced.

SI;

�-6After discussion, Trustee McBride moved, seconded by Trustee
Timmings that the police committee investigate whether or not parts
of the car can be salvaged and report back to the Board. Carried.
Trustee McBride moved, seconded by Trustee Lofaro that Ptl.
Michael Ulacco be granted permission to attend the Firearms Instrucl
School in Massachusetts, from June 18-22 at a cost of $116.25. Car!
Trustee McBride stated that North Tarrytown will be funded in
the 1985-86 County budget for our M.R.D. Program.
FINANCE &amp; REAL ESTATE
Trustee Buonanno reported a cash balance of $102,303.89 in the
General Fund as of December 12, 1983.
Trustee Buonanno moved, seconded by Trustee Timmings that actio!
of the Treasurer in depositing $400,000 due Dec. 29, 1983 and $200,0
due Jan. 4, 1984 with the First National Bank of North Tarrytown at
8% be confirmed, seconded by Trustee Timmings.
Carried.
With regard to the final payment in connection with the new
Village garage, Trustee Buonanno stated that Mr. Lamberti is riolding|
up County Asphalt who is requesting payment from him.
There is a
question of a swail which has to be corrected and we will not make
payment to Lamberti until the condition is corrected.
Following a discussion, the matter

was referred to Counsel.

Trustee Buonanno moved, seconded by Trustee Timmings that the
Clerk be instructed to inform department heads to submit their
budget requests for 1984-85 to the finance committee by January 15,
1984. Carried.
Trustee Buonanno made the Board aware that part-time employees
hired in public works and recreation and work twenty weeks or more
will be eligible for unemployment insurance. The matter will be
discussed in a work session.
TAX EXEMPT
Trustee Lobato stated that Pace University is sponsoring a cour
on Tax Assessment Administration from February 1, 1984 - May 16, 198
application charge of $30 and moved, seconded by Trustee Maceyak thai
the new assessor be authorized to attend the course one day per week
Carried.
LABOR RELATIONS
Trustee Timmings stated that two bargairing sessions were held w
the Teamsters.
He stated that he attented, with Counsel, the unfai
labor session with Perb in N.Y.C.
The Village filed a claim agams
the PBA. He stated that the Judge has not rendered a decision in tt
unfair labor practice against the Village by the PBA. Hopefully, we
will get a decision in the not too distant future, said Trustee
Timmings.

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-7During discussions with the Teamsters, said Trustee Timmings,
it has been brought up that there are a number of outstanding
grievances which have been filed.
When some of the other matters
have been settled, we will be looking into these grievances for a
solution, he said.
79 COLLEGE AVENUE
Trustee Timmings moved, seconded by Trustee Lofaro that a meeting
of the Directors be held after the Board meeting. Carried.
RECREATION
Trustee Maceyak gave the following report:

&gt;..

During the winter and spring seasons, the following programs
will be offered to the Village residents:
Aerobic Shape UP, Aerobic Dancercise, Calligraphy, Karate
(Self Defense, Mother-Child Playgroup, Stain Glass Design,
Typing (Advanced), Babe Ruth Baseball, Basketball (Youth), ,
Box LaCrosse, Dad's Club Baseball, Indoor Soccer (Youth,
Ice Skating and Ice Hockey, Kiddy Playtime, Kid's Wrestling,
Men's Softball League, North Tarrytown Girls Softball League,
Adult Open Gym, Racketball, Ski Trips, Teen Girl's Softball,
Teen Open Gym, Tiny Tot Baseball, Vacation Teen Gym, Womens
Softball League (Non Competitive), Ice Skating Olypics,
Bowling Trips, Easter Egg Hunt, Bicycle Rodeo, After School
Programs, Developmentally Disabled Recreation Program, Senior
Citizen Club, Senior Nutrition Program, Soccer (A.Y.S.O.),
Youth Employment Service.

»i'

I

The ski trip this weekend is to" Bellayre at the rate of $26 per
resident. Next week will be to Jiminy Peak for $34.

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The Andrews Lane tennis courts will be closed until April or
the first sign of warm weather.
Mayor Zegarelli stated that two North Tarrytown vacancies exist
on the Mt. Pleasant Senior Citizens Council and appointed Mrs. Fannie
D'Alessandro and Mrs. Julia Vydareny as our representatives.

M

Trustee Timmings moved to confirm the appointments, seconded by
Trustee Maceyak.
Carried.
ADMINISTRATION
Trustee Buonanno stated that Village offices will be closed on
December 26th and January 2nd.
Trustee Buonanno moved, seconded by Trustee Maceyak that action
of the Administration Committee in sending a letter to Tom Pellechi
for repairs to the door in the Municipal Building be confirmed. Carriec

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�-8FIRE
Trustee Lofaro stated that the whistle was not working due to
foreign matter lodged in the whistle which has not been cleaned out
MAYOR'S REPORT
Mayor Zegarelli stated that the Treasurer submitted the auditoi
report of the CDA program which has been filed with HUD. Final drawn
down will be made.
After the audit is accepted by HUD, closing documents will be
filed, said the Mayor.
Trustee Maceyak moved, seconded by Trustee Buonanno that actioi
of the Treasurer be confirmed.
Carried.
COMMUNICATIONS
Communication from Bessie7 Levy regarding a tree uprooting the
sidewalk in front of 19 Depeyster Street was read and referred to
the public works committee.
UNFINISHED BUSINESS
A short discussion was held regarding the Day Care Center. May
Zegarelli stated that the school was going to correct the violations
Counsel stated that if the repairs are made, the violations wl
be lifted.
He stated that he will contact their Attorney.
With regard to Search for Change, Trustee Maceyak moved, second
by Trustee Lofaro authorizing Counsel to write them to the effect
that the Village's position has not changed and there is no agreemen
Carried.
Trustee Maceyak moved authorizing the continuing of negotiation
with the County pertaining to the Modified Section 8 Housing
Rehabilitation Program, seconded by Trustee Lobato.
Carried.
Mayor Zegarelli stated for purposes of notice, there would be
a special meeting on Monday, December 19th, after the meeting with
Mr. Prezioso to decide various items still outstanding such as the
fire truck bid/ the catch basin contract and other administrative
items that may be necessary to handle before the end of 1983.
Trustee Lofaro so moved, seconded by Trustee Lobato.

Carried.

Trustee Timmings stated that the Technical Service Review Board
has now completed its meeting with all of the department heads of tl
Village.
They will now review and make recommendations, he said.

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-9Trustee Maceyak moved, seconded by Trustee Lofaro that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated
November 28, 1983 be paid after approval by department heads and that
the Treasurer be authorized to pay same and that a copy of this
resolution be attached to the warrants.
Carried.

• » *

There being no further business to come before the meeting,
Trustee Maceyak moved, seconded by Trustee Lofaro that the same be
duly adjourned.
Carried.
Respectfully submitted,

* .

-y.
Filomena Fallacaro
Clerk

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TELEPHONE

police department
Wage of Jiortft Otoxptototi, J i £ . 10591
POLICE REPORT
Total Number Charged by Police:
1. Summoned
2. Arrested

NOVEMBER

1983

.. ..

Persons Charged with Crimes or Violations:
1. V&amp;T Moving Violations
1
2. V&amp;T Non-Moving Violations-......
3. D.W.I
4. Breath Test Refusal
5. Criminal Trespass 3rd
6. Resisting Arrest7. Operating with Suspended or Revoked License
8. Scoff law
•
9. Petit Larceny
10. Promoting Gambling 2nd11. Possession of Gambling Records 2nd
12. Falsly Reporting an Incident
13. Bench Warrant - Failure to Appear
14. Harassment
15. Grand Larceny 2nd.
16. Criminal Possession of Stolen Property 2nd
17. Unlawful Possession of Marijuana
18. Criminal Mischief 4th
19. Assault 3rd
20. Disorderly Conduct
21. Criminal Possession of a Controlled Substance 7th
22. Criminal Nuisance
23. Unauthorized Use of a Motor Vehicle
24. Dog Ordinance Violations

*•

••••

732
107

Total

839

54
5
10
3
1
2
3
5
1
1
1
1
1
4
1
1
... 1
2
2
3
1
Total
107
1
1
2

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/
ip'

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TELEPHONE
914) 6M-O80O

^fHoPlp
^US&amp;P

RICHARD

J. SPOTA

G&amp;M/ of Polk*

police department
Wage ot JJnttt) tlarrptoton, ^L g. 10591
in

Parking Violations:
1. Metered Parking
2. Other Parking Violations

37
695
.Total

Investigations of
Investigations of
Investigations of
Aiding of Injured

Reported Felonies
Other Complaints/
Auto Accidents
at Accidents

732
8
237
31
4
?} 'J'&gt;

Total
Police Aid t o S i c k P e r s o n s
Ambulance R e q u e s t s
Responding t o Alarms
Escorts
Arrests on Warrants
Missing P e r s o n s
Checking 38 Dark Houses
Other C a l l s f o r A s s i s t a n c e

280
29
21
19
7
6
4
246
268

Total

600

Respectfully submitted;

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'*r

''.'i

M

NORTH TARRYTOWN, N.Y.
November 28, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown, N.Y. on the above date.
Present

Philip E. Zegarelli,
Mayor

\%

Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel J. Lobato,
Trustees

i '

Robert J. Ponzini, Counsel
Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag. u

f'

Trustee Lobato moved, seconded by Trustee Timmings that the minutes
of the meeting held on November 14, 1983 be approved as written. Carried.
Mayor Zegarelli asked if there was anyone present who would like to
address the Board may do so.
Mr. John Gasko, owner of Coffin Tree Co., made several suggestions
to the proposed tree law. He suggested that a permit be obtained for
the removal of a tree on properties of 2 - 3 acres instead of one acre.
The property owner should obtain the permit also, he said. The tree
man would not have any knowledge of the laws of that particular municipalit;
He also stated that tree men are competent and it is not necessary to have
a commission member supervise the tree removal.
&gt;i.

Mayor Zegarelli stated that Mr. Gasko's suggestions are well-taken.
He stated that he has received suggestions regarding the commission's
ability to collect fees that reside with the Village government, particular
the Village Clerk and Treasurer. Changes can be made to streamline the
proposed law, said the Mayor. He stated that something could be considered
for those people who own less than 2 or 3 acres of property.

V.v/

Mr. Heath stated that he would not like to see a small landowner
having to obtain a permit.
Following a discussion, Mayor Zegarelli suggested that Counsel,
together with Mr. Heath and Mr. Gasko meet to discuss the suggested changes
and report back to the board.
REPORTS OF COMMITTEES
PUBLIC WORKS
Trustee Maceyak gave the following report:
The Water department is winterizing hydrants throughout the Vilfage
,' 1

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�-2Hydrants No. 5 on Sleepy Hollow Road and No. 15 on County House Roai
have been repaired.
Operated air releases along entire length of gravity line.
Trustee Maceyak moved that the Village of North Tarrytown impose
special assessment of $80 for the supply and installation of remote
reading water meters. The $80 to be paid in quarterly installments of
$10 each, effective July 11, 1983, said billing to be in addition tot!
regular bill for water consumed in that quarter, seconded by Trustee
Buonanno.
Carried.
Bank balance as of November 28, 1983 is $16,900.
All available men and equipment are being used to remove leaves.
Trustee Maceyak proceeded to make a motion to borrow $15,000 for
the replacement of the cab on the Mack sanitation truck. To replace
the entire truck would be too expensive, he said.
Trustee Timmings suggested that legal opinion be obtained to
ascertain whether or not competitive bidding is necessary.
Following a discussion, the matter was referred to Counsel for
a legal opinion.
Trustee Maceyak stated that the committee will hold interviews for
sanitation man on December 7th at 8:30 P.M.
Trustee Maceyak moved, seconded by Trustee Timmings that the job
of sanitation man be posted and that the Clerk be instructed to send
out letters to applicants.
Carried.
POLICE &amp; LIGHT
Trustee McBride stated that the suburban for the police department
has been received and is now being painted.
It should be in service
within a week.
Trustee McBride stated that we have received the Infrared Intoxily
through the Westchester County STOP-D.W.I. Program Grant. The Chief ha
also applied for reimbursement for the additional training of our five
breath test operators which has been granted, said Trustee McBride.
Trustee McBride stated that the prisoner transportation reimbursei
contract with the "County of Westchester is now in effect. The Village
will receive $40, including meals, per trip.
FINANCE &amp; REAL ESTATE
Trustee Buonanno reported a cash balance of $498,090.56 in the Gen
Fund as of November 28, 1983.
TAX EXEMPT
Trustee Lobato reported "progress".

�/9y

-3LABOR-GOVERNMENTAL RELATIONS
Trustee Tinmiings stated that a negotiation session has been scheduled
with I.B.T. at their union hall for Wednesday, November 30th, at 8 P.M.
He stated that he prepared notes which he disbributed to the committee.
Trustee Timmihgs stated that we also have a session with Perb on
December 8th. We will have to select among ourselves who the Village
representative will be, he said.
79 College Avenue
A meeting will be held after this Board meeting.
RECREATION-SENIOR CITIZENS
Trustee Maceyak moved, seconded by Trustee Buonanno that the
following bids be awarded for recreation equipment:
Todd-Phelps
- $2515.1£
Allen Sports
224.79
Kensico Sports, Inc. 206.00
]l%l3ii^
Patchogue Surgical Co., Inc. $117.1-2
Parsson's Sports
$52.10
The Athletic Reconditioning Co. - $495.42
Three teens from the Boces Walkabout Program are presently working
in Douglas Park painting equipment, installing a picnic table, cleaning
paths and picking up garbage. This volunteer program is co-sponsored
with the Irvington Rec department. The boys will spend six days in
North Tarrytown and six days in Irvington.
Programs being offered in our department are hockey, mother-child
playgroup, volleyball, ceramics, typing, racquetball, dog obedience,
aerobics, teen gym night.
Twenty children participated in our second bowling trip on Nov. 5th.
Ten people attended the seminar on watercolor at the library on
November 5th.
250 children attended the annual Halloween party sponsored with
the Tarrytown Recreation Dept.
Eight children were home on Halloween night when the North Tarrytown
Great Goblin called.
110 residents of the Tarrytowns participated in the annual Pilgrim
Run on November 13th.
Trustee Maceyak stated that Pat Lofaro met with the architect from
Urban County on a grant. A meeting will be held with the recreation
commission and committee and any other member of the Board on Nov. 30th
in the court room to discuss Memorial Field and handicapped parking.

�-4ADMINISTRATION
Trustee Buonanno stated that the telephone system in the buildi
is thirty years old and in need of review and upkeep. The telephone
company reviewed the system and has recommended a new system which w
save the Village money and would update the equipment.
Trustee Buonanno moved, seconded by Trustee Timmings that the
Village Treasurer be authorized to sign a document of intent with
the telephone company for the Village offices.
Carried.
Trustee Buonanno stated that because of holidays in December,
there would be a conflict with the Board meeting and moved that only
one meeting be held during the month of December, said meeting to be
held on December 12, 1983, seconded by Trustee Maceyak.
Carried.
Mayor Zegarelli stated that this would be traditionally the
anniversary night meeting which reflects the incorporation of the
Village. Appropriate refreshments will be served, he said.
Trustee Buonanno reported that the Board discussed the PERMA
insurance which is being entered into by other municipalities. The
representative explained the workings of the program. This insurance
would save the Village money and is considered better than the existi
company we now have.
The company will set up a safety program also,
said Trustee Buonanno.
Trustee Buonanno moved, seconded by Trustee Lobato that the
following resolution be adopted:
WHEREAS, the Village of North Tarrytown seeks to provide worker
compensation protection for its employees who sustain personal injuri
arising out of and in the course of employment, pursuant to the provi
of the Workers' Compensation Law; and
WHEREAS PERMA, a corporation established by direction of the
Executive Committee of the New York State Conference of Mayors and Ot
Municipal Officials, has been organized to establish a program of ris
management, including one or more risk management plans, loss control
administration of claims and other services for workers' compensation
claims against New York Public employers, and to provide management
therefore; and
WHEREAS PERMA has contracted with qualified service organization
to provide claim services, loss control, actuarial services, legal
services, investment services, and other services • in connection with
the administration, evaluation, payment and disposition of workers'
compensation claims; and
WHEREAS it is desirable for, and in the best interest of.theVil
of North Tarrytown to agree with PERMA to administer, service and pay
its workers' compensation claims; and
WHEREAS PERMA has agreed to provide such services and protectio

�:*^^

/f?
-5NOW, THEREFORE, BE IT RESOLVED that the Village of North Tarrytown
join PERMA as a member organization, and hereby execute a membership
agreement; and
BE IT FURTHER RESOLVED that the Village of North Tarrytown join
the risk management workers' compensation plan of PERMA and, pursuant
thereto, PERMA shall administer,, service and pay all valid workers'
compensation claims of the said public employer's employees; and

;«fi
i'&lt; . »

hi

BE IT FURTHER RESOLVED that Philip E. Zegarelli, Mayor of the
Village of North Tarrytown be, and hereby is authorized and empowered
to execute a contract with PERMA to provide for statutory workers'
compensation coverage and related risk management services for the
Village of North Tarrytown for such coverage and services; and such
individual is further designated as the permanent representative of
the Village of North Tarrytown as a member of PERMA and such individual
is further authorized to designate an alternative representative from
time to time.
A
On the question, Mayor Zegarelli stated that since he serves as
a director, he would designate someone to serve on the PERMA board.
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak
Yes
"
Buonanno - Yes
McBride - Yes

Trustee Lofaro
Yes
"
Timmings - Yes
"
Lobato
Yes

Mayor Zegarelli - abstained.

Motion carried.

Trustee Buonanno moved, seconded by Trustee Timmings that the
Village Treasurer be authorized to notify the State Insurance Fund
that we will not be renewing our policy with them on January 1, 1984
Carried.

;

FIRE

.:

M
Trustee Lofaro moved the following, seconded by Trustee Buonanno:

RESOLVED that the Village of North Tarrytown reject all bids
previously submitted for the Rescue Hose fire apparatus and related
equipment, said right to reject all bids, having been provided for in
the notice to all bidders
~...

I!"

Mayor Zegarelli amended the motion that all checks be returned to
the bidders, seconded by Trustee Lobato.
Motion and amendment carried.
b'i

Trustee Lofaro moved, seconded by Trustee Buonanno that the
Rescue Hose Fire Company provide new specifications for a fire apparatus
pumper and related equipment and that the Village Clerk be authorized
to publish notice for the receipt of said bids, returnable on
December 12, 1983.

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-6On a question as to whether or not Counsel received any latest
correspondence from the Mack Company or Tyler Company (Pierce apparatj
Counsel answered in the negative.
»
MDtion carried.
Trustee Lofaro reported that someone poured acid over the First
Assistant Chief's car while it was parked.
General Motors was askec
if it could be repainted, but we were told that it would not be wortf
it, said Trustee Lofaro.
A committee meeting will be held to discus!
action to be taken.
MAYOR'S REPORT:
Mayor Zegarelli noted communication from the Division of Equalization and Assessment regarding options that the Village may take to
terminate local taxing jurisdiction and assuming jurisdiction of anotlj
agency, such as the Town.
Mayor Zegarelli stated that a letter was received from Con EdisoJ
regarding a cut-off notice on Sylvester Williams because of non-paymej
of his electricity bill.
Mayor Zegarelli stated that permission was granted to Congressman
Ottinger's office to use his office one day per month. The next use
will be on December 6th.
In connection with the Bi-Centennial closing of Washington Irvinj
death, Mayor Zegarelli stated that services were held for Washington
Irving on Sunday.
Congratulatory messages were received from the
President and Governor, said the Mayor.
Mayor Zegarelli stated that a presentation was made by the Scenil
Hudson, Inc. of New York regarding the scenic roads program in designi
that part of route 9 in the Village of North Tarrytown.
Trustee Buonanno moved, seconded by Trustee Lobato that the
following resolution be adopted:
WHEREAS, the Village of North Tarrytown recognizes the important
of its scenic resources and cultural heritage; and
WHEREAS, the New York State Department of Environmental Conservaj
tion has undertaken a study of scenic roads in the Mid-Hudson Valley
directed by the New York State Legislature; and
WHEREAS, certain roads have been identified as eligible for Scenj
Road designation under Article 49 of the Environmental Conservation Lj
including Route 9 in the Corporate limits of North Tarrytown; and
WHEREAS, the goals and objectives of the proposed Scenic Roads
Program are as follows:
1. To strengthen the regional identity of the Hudson Valley by
identifying its unique scenic qualities and their regional
unity and integrity;
2. To protect, preserve, and enhance the natural and man-made
scenic beauty of the Hudson Valley;

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-73. To promote a greater awareness of the aesthetic qualities
of the valley on the part of its residents and visitors
through an educational program which would support the
enhancement of the Valley's scenic, ecological, cultural,
and historic attributes;
4. To provide economic benefits to the Valley through increased
tourism and through the preservation and enhancement of the
landscape resulting in increased property values;

v'»

ill;

5. To provide a sound implementation strategy consistent with
the values of each participating community through State and
local cooperation; and
6. To establish a viable model for a scenic road program which
can be applied throughout New York State.
WHEREAS, these goals are beneficial to the community and worthy
of our support; now, therefore, be it

ft

RESOLVED, that the Village* of North Tarrytown urge adoption of the
Scenic Roads Program, and be it further
RESOLVED, that designation of Route 9jas a Scenic Road under Article
49 of the New York State Environmental Conservation Law is
supported by this body.
Carried.
Mayor Zegarelli stated that he is in receipt of a letter from
Gail Schaeffer, Secretary of State, concerning the adoption of the
new uniform fire prevention and building code.
Trustee Timmings moved, seconded by Trustee Lofaro that the
matter be referred to Fire Council for study.
Carried.

, i

.M
!"'ift

Mayor Zegarelli noted communication from the Department of Planning,
Division of Housing, that Rental Rehabilitation Demonstration is being
offered to rental property owners in five areas of Westchester County,
one of which is North Tarrytown. The program is designed to facilitate
improvement of rental properties in these communities by assisting
landlords who wish to upgrade their properties, said the Mayor.

&lt; l'!

The matter was referred to a work session.
Mayor Zegarelli stated that he wrote to the owner of 100 College
Avenue for a meeting regarding problems, but has not heard from him.

tu vkr

Counsel was instructed to write another letter.
Mayor Zegarelli stated that a letter was received from M.J. Mignogna
Department of Transportation, regarding a public information meeting
on December 13th at Greenburgh Town Hall to discuss New York State's
recent actions to bring its laws into conformance with the requirements
of the 1982 Surface Transportation Assistance Act. He stated that he
has requested John Biros to attend.

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�-8Mayor Zegarelli stated that in connection with the Administrate
Manager position, Mr. Sal Prezioso, the outgoing manager of Yonkers
would act as an adviser to the committee and Trustee Timmings so mov
seconded by Trustee Maceyak that Mr. Prezioso be designated official
as a special adviser.
Carried.
Mayor Zegarelli stated that he sent a letter to the County
Executive regarding three bridges in need of care, i.e., Beekman
Avenue, Palmer Avenue and the Headless Horseman Bridge.
Mayor Zegarelli stated that several appointments are still outstanding.
A series of discussions and proposals were held and he
reiterated his appointments for confirmation as follows: Village
Prosecutor-R. Pierce; Building Inspector-James Margotta; AssessorUgo Checchi; Building Board-Ugo Checchi; Recreation-Eva Piedemonte an
E. Tserides; Library-Joan Levy &amp; Tony O'Connor.
Trustee Timmings so moved, seconded by Mayor Zegarelli.
Mayor Zegarelli polled the&gt;Board as follows:
Trustee Maceyak - No
"
Buonanno - No
McBride - No
Mayor Zegarelli voted "Yes".

Trustee Lofaro - No
"
Timmings - Yes
"
Lobato - No
Motion not carried.

Mayor Zegarelli then suggested that we revert back to Assessor
as Joseph Jelenek and Trustee Timmings so moved, seconded by Trustee
Lobato.
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak
- No
Trustee Lofaro
- No
"
Buonanno - No
"
Timmings - Yes
"
McBride
- No
"
Lobato
- Yes
Mayor Zegarelli voted "Yes". •. Motion not carried.
Mayor Zegarelli stated that there are several cases that are
outstanding in court which will require a prosecutor.
Trustee Timmings moved, seconded by Trustee Lobato that Robert
Ponzini be appointed temporary Prosecutor and review outstanding
cases for report *to the Board.
Carried.
Mayor Zegarelli stated that John Biros will continue to act as
Building Inspector in the interim.
Mayor Zegarelli stated that since we have no assessor, that
the Board of Trustees be designated as the Board of Assessors. Any
items that come before the roll should be handled by the finance
committee, to which Trustee Buonanno objected.
A discussion ensued.
Trustee Lobato raised a point of order and moved to limit debate
thirty seconds, seconded by Trustee Buonanno.

�&lt;£&amp;3

-9.f*

Trustee Timmings moved to confirm the motion that the Board act
as a Board of Assessors, seconded by Mayor Zegarelli.
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak No
"
Buonanno - No
McBride - No
Mayor Zegarelli voted "Yes".

Trustee Lofaro - No
"
Timmings - Yes
"
Lobato - Yes
Motion not carried.

Mayor Zegarelli quoted Section 3-301(b) of the Village Law which
states that if we do not designate anyone as an assessor, the responsibility reverts back to the Board of Trustees as a whole or a group of
Trustees designated by the Board as the Board of Assessors.

if I

k

COMMUNICATIONS
Communication from Mrs. Pauline Geldern requesting sidewalk
repairs in front of her property at 86 Beekman Avenue was read and
referred to the public works committee.
Communication from W. Marmo, President of the Italian-American
Independent Club, requesting permission to hold a dance at the UAW
hall on December 31st from 8 - 1 2 was read and on motion of Mayor
Zegarelli, seconded by Trustee Lofaro permission was granted and police
department notified of same. Carried.

: i

UNFINISHED BUSINESS
Trustee Maceyak stated that the annual Senior Citizens Christmas
luncheon will be held on December 6th at 12 noon at Marymount.

Ml

Mayor Zegarelli stated that the week of December 5th should be
designated as Senior Citizens Week and Trustee Maceyak so moved,
seconded by Trustee Buonanno.
Carried.

\\

t h

Trustee Lofaro stated that Mr. Paul Visconti will have 50 years
as a fireman and Stanley Pulaski 25 years.
Following a short discussion, Trustee Lofaro moved that the,
matter be referred to Fire Council, seconded by Trustee Timmings. Carried.

f&lt;\

Trustee Timmings moved, seconded by Trustee Lofaro that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated Nov. 28,
1983 be paid after approval by department heads and that the Treasurer
be authorized to pay same and that a copy of this resolution be attached
to the warrants* Carried.
I»

There being no further business to come before the meeting,
Trustee Timmings moved, seconded by Trustee Lofaro that the same be
duly adjourned.
Carried.

fc' i&gt;!

Respectfully submitted,

u i h

'ilomena Fallacaro
Clerk

\&lt; I: i
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**-*m;L*

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NORTH TARRYTOWN, N.Y.
November 14, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli,
Mayor
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel J. Lobato,
Trustees
Robert J. Ponzini, Counsel

Absent

Stephentfaceyak,Trustee

Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
j

Trustee Timmings moved, seconded by Trustee Lofaro that the minutes
of the meeting held on October 24, 1983 be approved as written, with the
correction that the Mayor voted on the resolution approving Trustee
Timmings as our representative on the negotiations board. Carried.
Mayor Zegarelli asked if there was anyone present who would like to
address the Board.
Mr. Curtis Heath, Chairman of the Conservation Committee, stated
that over a year ago, the Board held a public hearing on a tree ordinance
which the committee had prepared and since that time, nothing has been
done.
Mayor Zegarelli stated that he thought the ordinance was adopted,
however, the matter will be taken up at the next Board meeting. He
stated that it should have been adopted at that time.
Mr. Patrick Munroe, 63 New Broadway, spoke on behalf of Robert
Carpenter, who has been having difficulty with the owner of the service
station adjacent to his apartment. Mr. Munroe stated that the Board
has a responsibility to safeguard the health of the people of the
community. He stated that Mr. Carpenter was being harrassed by the
owner of the service station.
Mayor Zegarelli stated that Mr. Biros, Acting Building Inspector,
was directed to look into Mr. Carpenter's complaints. He did send a
letter to the owner of the service station. The area has been cleaned
up and tires removed. Satisfactory progress is being accomplished,
said the Mayor. He stated that Mr, Biros has been in contact with
the Village attorney to go over the legal aspects and some progress
is being made.
Mr. Robert Carpenter stated that he received a copy of the letter
sent by Mr. Biros and noted several other items of harrassment by Mr.
Aruj .

�2Counsel stated that if the nuisance still persists, he should
call the building inspector between the hours of 9-5. After 5 P.M.
before 9 A.M. , he should call police headquarters and lodge a compl,

Mr. Thomas Curtin, President of Rescue Hose Company, stated thai
many hours were spent preparing the specifications for Rescue's new
apparatus and are wondering why the contract has not been signed, ft
stated that the apparatus they selected was also selected by the Boar
Trustee McBride stated that the majority of the Board was in
agreement, however the Mack Company sent a letter of protest and on
the basis of legality, the matter was held up. The point in question
said Trustee McBride, is that we might have a suit on our hands.

Mayor Zegarelli stated that the Board did award the bid, but
Counsel has been open and very candid in his feelings as to why the
contract should not be signed by the Mayor. We are under the knowled
that Pierce will keep its bid open until January.
An analysis was d
and the Board came up with three bidders who meet the specifications.
The Board did vote on them and wthe bid was awarded to Tyler Company
for a Pierce apparatus. In protecting the Village, said the Mayor,
we are open for suit and until we get word from the Mack Company that
the Village would not be liable to a potential suit, the Village wouli
have no other choice but to rely on Counsel's decision.
Mr. Fred Gross, 2 Maple Street, stated that he was the chairman
of the truck committee and summarized all the events that took place
in preparing the specifications for the new apparatus.

Trustee Lobato stated that every member of the Board is well-aws
of the desire for the Pierce truck.
The Mack Company has indicated
their possible intention to challenge the legality of the bid if we
go to contract, he said.
He quoted Section 4-414 (12) of the Villagi
Law whereby an officer or person who assumes to create a liability or
appropriate money or property of the Village without authority of the
law, or assents thereto, is personally liable for such debt, or to th
Village for such money or property, etc. If there is going to be
threatened litigation, he said, is a little more than he wants to be
personally liable for. We did not create it, we did not want it, he
said.
He stated that the Board discussed what the way out might be.
We are stalmated, said Trustee Lobato. Counsel has wisely advised us
he said.

On a question of Paul Ranieri if taking the higher bid was
unlawful, Counsel stated that there was no question that the Village
wants to buy a truck. The Board did
approve the bond resolution.
The specifications were so good that we had many bidders, said Counsel.
A tremendous amount of research was spent on the specifications, be
said, to allow you to accept the bid that was higher.
Counsel Ponzini stated that a letter was received from the Mack
Company which has created a problem.
Any claim by Mack is without
merit, he said.

Trustee Buonanno suggested that the bids be rejected and that we
re-write the specifications and call for new bids.

i

�-3Trustee Lofaro suggested that we write to Mack and ask them
of their intentions.
Counsel stated that he had written, but no answer was received.
He stated that he was told by Tyler (Pierce apparatus) that they would
hold the bid open another thirty days.
Trustee Timmings stated that since bids have been opened publicly,
companies know what amounts are contained in the other bids. We are
faced with one company that met all the terms of the specifications,
he said. They bid substantially less than the Mack bid. On a
subsequent bid, said Trustee Timmings, you would have a negative
impact on the low bidder.
Following a discussion, Counsel was directed to write another
letter to the Mack Company, however in the meantime, Counsel and
Fire Committee and any other Trustee who is interested, will work
with the apparatus group to modify the specifications.
At this time, Mayor Zegarelli recognized Sandy Galef in the
audience.
Mayor Zegarelli stated that it has been discussed at a recent
work session to reorganize some of the committees of the Board and
the following changes have been unanimously agreed upon.
Trustee Maceyak asked to be removed from the police committee
and Trustee Lofaro will assume the vacant seat, said Mayor Zegarelli.
Labor relations - Trustee Timmings will become Chairman of this
committee and Trustee Lobato will be leaving this committee; Trustee
Buonanno added to this conmittee.
Tax exempt - Trustee Timmings will step down and Trustee Lobato
will be Chairman of this committee and Trustee Timmings will remain as
a member.
Police - Trustee McBride Chairman, Trustees Buonanno, Lofaro.
Trustee Buonanno moved to confirm the changes, seconded by
Trustee Lobato.
Carried.
Mayor Zegarelli stated that he received a letter from John Harbour
that he could not serve on the Village Manager-Administrator Committee
because of a workload and he therefore asked Mr. James McGough to join
the committee.
Trustee Timmings moved, seconded by Trustee Lofaro that action
of the Mayor be confirmed.
Carried.
Mayor Zegarelli stated that various positions are still vacant
and made the following appointments which were so moved by Trustee
Timmings, seconded by Mayor Zegarelli: Village Prosecutor-Robert Pierce
Assessor-Antonio Soares; Building Inspector-James Margotta; Building
Board-Ugo Checchi; Recreation Commission-Eva Piedemonte and Elias
Tsekerides, Library-Jo an Levy and Tony O'Connor.
Trustee Buonanno moved to table the motion, seconded by Trustee
Lofaro.

�-4Mayor Zegarelli polled the Board as follows:
Trustee Buonanno - Yes
"
McBride - Yes
Mayor Zegarelli voted "No".

Trustee Lofaro - Yes
"
Timmings - No
"
Lobato - Yes
Motion carried.

REPORTS OF COMMITTEES
PUBLIC WORKS
In the absence of Trustee Maceyak, Trustee Lobato gave the
following report:
Repaired hydrants found defective during the recent inspection
and flushing of hydrants.
Quarterly water meter readings are in progress.
Bank balance as of Nov. 14th is $17,887.
Foreman Michael Apollonio has returned to work as of Nov. 7th.
Deteriorated sidewalks have been replaced on Clinton and Depeysti
Streets.
Replaced sidewalk doors to Rescue Hose basement.
Because of the failure of one of the compressors in the Municip;
Building, the compressor from the old highway garage was transferred
to the building.
These compressors are used to provide air for the
fire whistle.
All available personnel are picking up leaves with two vacuums,
snowloaders and front end loader and sweeper.
The 1982-83 infra structure repair program is now complete. Sevi
.four catch basins and/or drop inlets have been installed.
Michael Smutek has returned to his job as sanitation driver as
of Nov. 7th.
POLICE &amp; LIGHT
Trustee McBride gave the following police report for the month
of October:
(in detail official minutes)
Trustee McBride noted a letter from Rosary Hill thanking the
police department for the donation from the proceeds of the Softball
game between the N.T. Police Department and Tarrytown Police Dept.
FINANCE &amp; REAL ESTATE
Trustee Buonanno reported a balance of $68,529.27 in the Genera
Fund as of November 14, 1983.

i

�/ej

-5Trustee Buonanno moved, seconded by Trustee Timmings that action
of the Treasurer for re-investing c.d. notes in the amount of $500,000
and $200,000 at 8%, 30 days, at the First National Bank of North
Tarrytown be confirmed.
Carried.
Trustee Buonanno stated that the professional employees have not
received the remainder of their increase for the fiscal year 1982-83
and moved that those employees in administration, water, recreation,
street, Village Justice, Building Inspector and Assessor be granted
their increase of 2.5%, retro-active to June 1, 1982, money to be
taken from the General Fund, seconded by Trustee Timmings.
Trustee Lobato stated that the Board has taken a particular posture
in its labor negotiations which have taken us into arbitration. The
raises are not in line with policy statement negotiations and he
objects to it.

II
w

\%\

Mayor Zegarelli polled the Board as follows:
Trustee Buonanno
McBride

- Yes
- Yes '

Mayor Zegarelli voted "Yes".

Trustee Lofaro - Yes
"
Timmings - Yes
"
Lobato - No • .
Motion carried.

Trustee Buonanno stated that he has reviewed the financial report
of departments for October and there are two departments that are not
staying within their budget spending.
He stated that he will meet
with the parties concerned.
TAX EXEMPT
Trustee Timmings reported "Progress".
LABOR RELATIONS
Trustee Lobato stated that negotiations are still continuing.
He stated that a letter was going to be sent to the Attorney for the
Teamsters, but he would ask Trustee Timmings to do so.
79 COLLEGE AVE.
Trustee Timmings moved that a meeting be held of the 79 College
Avenue Board of Directors after this meeting, seconded by Trustee
Buonanno.
Carried.

Ml) \

RECREATION-SENIOR CITIZENS
In the absence of Trustee Maceyak, Trustee Lobato stated that a
letter has been received from Pat Lofaro requesting a replacement for
Gary Thomas. He stated that the title should be that of a Park Foreman
or Maintenance Laborer.
The matter was referred to the recreation commission.
ADMINISTRATION
Trustee Buonanno stated that the exit hatch on Rescue Hose Company
has been replaced.
• »i m&gt;vm

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�-6Radiators were also replaced in some firehouses, he said.
Trustee Buonanno moved that the following resolution be adopted]
seconded by Trustee Timmings:
WHEREAS the next general Village Election for officers will be
held on March 20, 1984; and
WHEREAS, the Board of Trustees must designate by resolution and
publish the offices .which are ta^Eilled in such election and the
terms thereof, now, therefore, be it resolved:
Section 1. That the Board of Trustees designates the following
offices as vacant at the end of the current official year, to be
filled at the Village Election to be held on March 20, 1984 for the
following terms: Three Trustees, two years each.
Section 2. The Village Clerk is hereby directed to publish the
resolution in full in the Daily News, a newspaper of general circulat
within the Village.
Section 3. This resolution shall take effect immediately. Carrie*
FIRE
Trustee Lofaro stated that a new electrical valve was installed
on the fire whistle. New Fire Alarm wires were replaced on Depeyster,
Street also, he said.
MAYOR'S REPORT

'

Mayor Zegarelli stated that the Board is in receipt of the
contract between the County of Westchester and Village for snow remov^
work on County roads for the 1983-84 season and was approved by Counsa
Trustee Buonanno moved, seconded by Trustee Lofaro that the Mayot
be authorized to sign the contract between the County of Westchester
and the Village of North Tarrytown for snow removal work on County
roads for the 1983-84 season.
Carried.
Mayor Zegarelli noted a letter from Hank Williams, D.E.C. that
North Tarrytown was granted 21% of our original grant request original
prepared by Mr. Curtis Heath.
The award will be on a reimbursement
basis. Further documentation will be forthcoming.

Mayor Zegarelli stated that a letter was received from Karen
Lobantz, BOCES, Walkabout Program, commending Pat Lofaro and his worke
for work accomplished on a volunteer basis in Douglas Park.
Mayor Zegarelli stated that a film was shown by Mary Lutters,
Dept. of Planning, regarding the Hudson Valley Scenic Road Program.
They would like the Board to adopt a resolution endorsing our stretd
of Route 9 as a scenic highway. There would be no additional respons
bility or expense to the Village, said the Mayor.
Mayor Zegarelli stated that the Board has received a letter from
Chief Glenn Amesbury regarding several problems at 100 College Avenue
and suggestions to*resolve them. A letter will be sent to the owners
for a meeting.
,

�/?/

-7Mayor Zegarelli stated that the League of Women Voters are holding
a seminar regarding the open meetings law on November 30th for anyone
to attend.
Mayor Zegarelli stated that he is in receipt of a letter from
Mayor Quigley of Larchmont regarding bar closing and turned it over to
Trustee McBride for suggestions.
\t

COMMUNICATIONS
»

Communication from Frank McCullough, Attorney for Edward Keegan,
owner of property at 285 North Broadway, requesting sidewalk repairs
was read and referred to the public works committee.

I

Communication from James Paolantonio, Sec'y. of Columbia Hose
Company, requesting the painting of their kitchen, as well as a
replacement for their stove was read and referred to the fire and
administration committees.

Jl

. 4!'

Communication from Curtis "keath, Chairman of the Conservation
Committee, submitting a report of a tree located at 120 New Broadway
was read and on motion of Trustee Buonanno, seconded by Trustee Lofaro
was referred to the public works committee with power to act. Carried.
Communication from Sec'y. of Fire Council, Gordon Ferguson,
regarding the condition of the lavatories in the firehouses and ambulance
building was read and referred to the administration committee.

&gt;'&gt;

m&lt;

Communication from Sec'y. of Fire Council, Gordon Ferguson,
reporting that the Council has suspended a fireman, Bruce Wright, for
falsely reporting an incident, 2nd degree, was read. This suspension
is as a result of an investigation, said Chief Ferguson in his letter.

' f

Trustee Lofaro moved, seconded by Trustee Buonanno to confirm
action of Fire Council.
Carried.
Communication from Calvin Weber, Assistant Commissioner, Westchester
County Dept. of Health, stating that our drinking water met the drinking
water standards at the time of their inspection was read. The
Commissioner is also requesting a written water supply emergency plan
and a gas mask be provided for the gas chlorine facility at the Croton
Aqueduct Pump Station.
The letter was referred to J. Biros.
Communication from A.A.A. Emergency Supply Company of White Plains
stating that they will extend their bid for parts for the new fire
apparatus another thirty days and that all price increases would have
to be absorbed by the Village was read and referred to the Village
Attorney.
The Clerk informed the Board of a notice of claim in the matter
of Dona Curtis against Police Officer Michael Ulacco and the Village
of North Tarrytown for false arrest on August 16, 1983 in the amount
of $50,000 and that she referred the same to the insurance carrier.

'•»,v* lU - «,

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�-8Trustee Timmings moved, seconded by Trustee Buonanno that actio
of the Clerk be confirmed.
Carried.
UNFINISHED BUSINESS
Trustee Lobato moved, seconded by Trustee Timmings that Christ
lights be turned on, on Friday, December 2nd through January 1st, ho
from 5 - 1 2 P.M., except on Christmas and New Year's eve, which will
be all night.
Carried.
Trustee Lobato offered the following resolution, seconded by
Trustee Timmings:
WHEREAS Almighty God has seen fit to take unto Himself the soul
of the late Henry Ludwig, and
WHEREAS the said Henry Ludwig was a former employee in the
Highway Department of the Village of North Tarrytown having been held
in the highest esteem by all those who knew him, now, therefore,
be it

j

RESOLVED that the Board of Trustees take official notice of
Henry Ludwig's death, and be it further
RESOLVED that this resolution be made a part of the official
minutes of this meeting and a copy sent to the family of the deceased
Carried.
Trustee Lobato stated that with regard to the public meeting he
with representatives from Search for Change, Dr. Schaeffer, who
represented the group was asked for copies of the State law which mig
apply to their request.
Questions were raised, but they were not
responsive, he said.
Mayor Zegarelli stated that they were specifically requested by
Mayor and Board of Trustees to provide, in writing, an assurance or
guarantee that the building would be used only for the program as nc
outlined and that the building and property would pay local taxes.
Mayor stated that to this date, he nor any Board member has received
any correspondence to this specific effect.
Trustee Buonanno moved, seconded by Trustee Lobato, that the bil
submitted on the General Fund and Water &amp; Sewer warrants dated
November 14, 1983 be paid after approval by department heads and tha
the Treasurer be authorized to pay same and that a copy of this
resolution be attached to the warrants.
Carried.
There being no further business to come before the meeting,
Trustee Buonanno moved, seconded by Trustee Lobato that the same be
duly adjourned. Carried.
Respectfully submitted,
Filomena Fallacaro
Clerk

�/f-3

TELEPHONE
RICHARD J. SPOTA

914) 6*1-0800

Chief of Police

police department

Si

Vfflage of JJortf)ftarrptoton,JL £ . 10591
POLICE REPORT

OCTOBER

Total Number Charged by Police:
1. Summoned. 2. Arrested

1983

m
685
134

.
Total

•'A

819

Persons Charged With Crimes or Violations:
1. V&amp;T Moving Violations
2. D.W.I

W.i

54
16

3.
4.
5.
6.
7.
8.
9.
10.

Driving While A b i l i t y Impaired
Possession of S t o l e n P r o p e r t y 3rd
D i s o r d e r l y Conduct
Scoff law
A s s a u l t 3rd
Operating w i t h a Suspended o r Revoked L i c e n s e
Possession of S t o l e n P r o p e r t y 1 s t
Burglary 3 r d .

.

11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.

Possession of Burglars Tools
Criminal Trespass 2nd
Trespass
•
Resisting Arrest
Leaving the Scene of a Personal Injury Accident
Assault 2nd
Criminal Possession of Marijuana
Family Court Order of Protection
Harassment
••••»
Unlawful Possession of Marijuana
Refusal to Submit to a Chemical Test
Unauthorized Use of a Motor Vehicle
Bench Warrant -.Failure to Appear
Dog Ordinance Violations

*

•

•

Total

2
2
12
1
2
8
2
1

r&gt;

1

IL

itt
Wi

1
1
1
4
1
2
1
2
3
1
2
3
1
11
134

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,

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TELEPHONE

RICHARD J. Sm

(914) 631-0800

polite department
Village of JJortfc afarrptoton, J i § . 10591
Parking Violations:
1. Metered Parking
,
2 . O t h e r Parking Violations,

83
602
Total

Investigations of
Investigations of
Investigations of
A i d i n g o f Injured

Reported Felonies.i
Other Complaints
Auto Accidents
at A c c i d e n t s

•

685

7
.... 245
37
18
Total

Police A i d to Sick Persons
Ambulance Requests
Responding to Alarms
Escorts
D.O.A
Arrests on Warrants
Missing Persons
Checking 29 Dark Houses

307

42
34
18
. .. 4
1
. ... 6
7
110
222
Total

Respectfully submitted.

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NORTH TARRYTOWN, N.Y.
October 24, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli,
Mayor
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings,
Trustees
Robert J. Ponzini, Counsel

Absent

Stephen Maceyak
Emmanuel Lobato,
Trustees
Mayor Zegarelli called the meeting to order at 8:00 P.M. with
a prayer and salute to the flag. A moment of silence was held in
memory of the Marines killed in Beirut.
Mayor Zegarelli called for bids for the furnishing and installation
of catch basins, sidewalks, etc.
Treasurer Amato opened the following bid:
V

J. C. Perri, Tarrytown, N.Y.
(Check in the amount of $2,000 enclosed)

$94,450.00

Mayor Zegarelli moved that the bid be referred to the public
works committee and Village Counsel for review and recommendation,
seconded by Trustee Buonanno.
Trustee Timmings amended the motion that we have a special meeting
to discuss and possibly award the bid, seconded by Trustee Buonanno.
Carried.
A special meeting was called for after the regular meeting, motion
carried on the amendment and main motion.
Mayor Zegarelli asked if there was anyone present who would like
to address the Board may do so.
Mr. Robert Carpenter, 106 Pocantico Street, speaking for himself
and tenants in their building, complained about the Aruj Service Station
adjacent to their building. He stated that Mr. Aruj dumped 100 tires
which is breeding rodents, insects, etc., as well as steam cleaning
right under his bedroom window. A letter signed by himself and the
tenants was sent to the building inspector listing many violations of
the zoning, health conditions. He stated that the condition is a fire
and health hazard and is requesting the board to do something about the
situation.
Mr. Carpenter stated that the then building inspector, Victor Page,
called the Exxon Company and they were supposed to do something the

�! II-

-2following week, but nothing was done.

'Mi

; 4

II'
!

•

'iWl

When Mr. Page left and Mr. Checchi took over, said Mr. Carpenter
Mr. Checchi sent him a response that the tires would be taken care of
Most of them were taken care of, however, Mr. Aruj left a single tirj
in the middle of the yard which he said is a sign of harrassment.
Mr. Checchi also informed him that Mr. Aruj is in a ligitimate busing
Trustee McBride suggested that summonses be issued to Mr. Aruj.
Counsel Ponzini informed the Board that once a summons is issued!
there is a time frame, otherwise it will be dismissed.
The matter was referred to John Biros, Acting Building Inspector]
Trustee Timmings suggested that Mr. Biros notify Mr. Carpenter,
as well as the Board, as to the developments.
REPORTS OF COMMITTEES
PUBLIC WORKS

IV.

In the absence of Trustee Maceyak, Trustee Buonanno gave the
following report:
During the week of October 11 - 14th, N.Y.City Water Dept. shut
down the Catskill Aqueduct down stream of Kensico for inspection and
repairs. It was necessary for us to take all of our requirements froij
the Croton system during this period.
h -

The semi-annual inspection and flushing of fire hydrants continuj
this week.
'i'-:

Bank balance as of October 24th is $20,317.
The deteriorated sidewalks on Beekman Avenue and Hudson Terrace
have been replaced.
Loose leaves are being removed with two of our vacuums and to dat
we are keeping up with the leaf fall.
A discussion was held regarding garbage pickups for November 8th,
Election Day and November 11th, Veterans Day.
Mayor Zegarelli stated that holding over the one holiday would mea
that there would be no bulk pickup for two weeks. This created a prob1
in the past.
Mr. Biros stated that if two holidays are held in one week, one
section of the Village would not receive a pickup.

Following a discussion, Trustee Lofaro moved, seconded by Trusteej
Timmings that the public works department celebrate the November 11th
holiday on November 14th and that the offices of Village Clerk, Treasuj
Court Clerk, Recreation and Water Departments celebrate the holidays oj
November 8th and November 11th.
Carried.

&lt;• 4j M

�/ / •

'?

-3In accordance with Civil Service procedure, Trustee Buonanno
moved, seconded by Trustee Timmings that Angela Everett be terminated
as Int. Account Clerk-Typist effective immediately.
Carried.
Trustee Buonanno moved, seconded by Trustee Timmings that Angela
Everett be re-appointed, on provisional basis, as Int. Account ClerkTypist, effective immediately, and to continue at her present salary.
Carried.
POLICE &amp; LIGHT
Trustee McBride stated that an agreement has been received between
the County of Westchester and the Village for reimbursement by the County
for the transporting of prisoners to and from the County Department of
Correction and so moved that the Mayor be authorized to sign same, at
$35.00 per transport, seconded by Trustee Buonanno.
Carried,
Trustee McBride stated that a road block was set for the second
time on Route 9, from 1 0 - 5 A.M. during which 1,000 vehicles were
checked and five arrests were made.
J

Trustee Brophy moved, seconded by Trustee Timmings that Lt. Brophy
be granted permission to attend the Smith &amp; Wesson Auto II Pistol course
in Massachusetts from January 16-20, 1984 at a cost of $450.
Carried.
Trustee McBride stated that candidates were interviewed for patrolman and upon recommendation of the committee, moved that Donald Pellegrinoj
be appointed Patrolman, subject to twelve weeks probationary period, at
\j
a salary of $17,135 per annum, effective October 31, 1983, seconded by
j|
Trustee Buonanno.
Carried.

IF

it

This is a replacement for Ptl. Reddy.
FINANCE &amp; REAL ESTATE
Trustee Buonanno reported a balance of $10,753.18 in the General
Fund as of October 24, 1983.
Trustee Buonanno stated that at a recent work session of the Board,
a discussion was held regarding the Daily News building and moved that
the following resolution be adopted, seconded by Trustee Lofaro:
RESOLVED: That the Real Property Tax Petitions now pending in
Westchester County Supreme Court for the tax years 1979, 1980, 1981, 1982
on behalf of College Avenue and Algo Two-Two Four Realty be settled by
the Village of North Tarrytown pursuant to the terms and conditions of
the memo of Village Counsel dated October 20, 1983 and further be it
resolved that the Mayor, and/or Village Attorney be authorized to execute
a stipulation for filing in Westchester County Supreme Court in
settlement of these four (4) separate petitions. Carried.
TAX EXEMPT PROPERTY
Trustee Timmings reported "progress".

151

,1'

�-4LABOR RELATIONS

In the absence of Trustee Lobato, Trustee McBride reported that
next negotiation session with I.B.Teamsters Union for a contract with
the blue collar workers will be held on October 25th at Union Hall in
Elmsford.

A five minute recess was called after which Mayor Zegarelli stati
that an item/would be coming before the Board concerning binding
arbitration, was discussed. There was a time restriction to fill the
three-man panel Board.
The Board asked, and Trustee Timmings consent!
to be as the designated PERB member on behalf of the Village. The sect
person will be selected by the Police Bargaining Committee and the thii
will be selected through a list supplied by PERB and by the PBA and thi
Village together.

Trustee Buonanno moved to confirm Trustee Timmings as the Board1;
selection on the Board, seconded by Trustee Lofaro.
Mayor Zegarelli polled the Board as follows:
Trustee Buonanno
"
McBride
Motion caizfrired.

- Yes
- Yes

Trustee Lofaro
- Yes
"
Timmings - Abstained.
0

79 COLLEGE AVE.

Trustee Timmings moved, seconded by Trustee Lofaro that a meetin
'be held by the Board of Directors of the N.T. Development Fund after t
regular Board meeting.
RECREATION-SENIOR CITIZENS
Trustee Buonanno stated that a Halloween Party will be held by
the Senior Citizens on October 31st.
ADMINISTRATION
Trustee Buonanno reported "Progress".
FIRE
Trustee Lofaro read a letter from the Sec'y. of Fire Council,
Gordon Ferguson, that the suspension of John Convery was extended to
October 28th for conduct bringing discredit upon the fire department.
Trustee Lofaro moved to confirm the action of Fire Council,
seconded by Trustee Buonanno.
Carried.

Trustee Lofaro stated that Union Hose Company was taking its
apparatus and the Fire Chief's car to So. Amboy on Thursday morning
and moved to confirm the action, seconded by Trustee Buonanno. Carried
MAYOR'S REPORT

Mayor Zegarelli stated that we are in receipt of a Notice of
Appeal by Emmanuel Lobato to the Appellate Court of the Second Departn
The Notice was served last Friday, he said.

�/ / /

-5Trustee Lobato is appealing the decision of the court regarding his
role in the case regarding the appointive powers of the Mayor as decided
in
article 78 preceding ruled by Justice Delaney.
Mayor Zegarelli stated that Mr. Lobato is the petitioner and he
will be requesting Counsel to defend his position.
Trustee McBride stated that he is not a party to this. Whatever
is being done, he said, he is doing it.
Trustee Buonanno stated that he is not a party to that also.
Mayor Zegarelli stated that it was unfortunate that this will
cost the Village more money.
He stated that he finds it disappointing
that Mr. Lobato did not have the courtesy to mention this at a work
session.Thursday evening. Some of these appointments could be settled,
said the Mayor. He (Mr. Lobato) is doing this on his own and not
entitled to protection of monies for the expenditure of this case. His
actions are done at his own expense, said the Mayor.
Mayor Zegarelli stated that he received a certified letter from
the N.Y. Power Authority regarding another increase in delivery charges
for State power.
Mayor Zegarelli stated that he is in receipt of a letter from
Dr. MacNaughton resigning as North Tarrytown's representative on the
Town of Mt. Pleasant Senior Citizens Council. He stated that he will
ask the commission to select someone from their group to represent North
Tarry town.»
Mayor Zegarelli sjtated that we are in receipt of a notice from the J
Department of Conservation that Sleepy Hollow Restorations will be dredging.
material from the bottom of the Pocantico River at Philipsburg Manor and
have met. the requirements.
Mayor Zegarelli stated that a letter has been received from
OSHA that our request for funding for the new Public Works building has
been denied because of lack of funds. Mr. Biros was instructed to
re-apply for a lesser amount.
The contract with the County of Westchester for snow removal
on State roads has been received, said the Mayor. Counsel reviewed the
agreement and it was found in order.
Trustee Buonanno moved, seconded by Trustee Timmings that the
Mayor be authorized to sign the contract with the County of Westchester
for snow removal on State roads for the 1983-84 winter season. Carried.
Mayor Zegarelli stated that a letter was received from Posner and
Posner, representing Antonio Rodrigues who was given a building permit
to build an apartment over a garage at 83 Pocantico Street, which was
later revoked. They have indicated in their letter that unless the stop
order is revoked, they will commence suit in Supreme Court.
Mayor Zegarelli stated that Counsel Ponzini has answered the
letter.
Trustee Buonanno moved, seconded by Trustee Lofaro to confirm
action of Counsel.
Carried.

�y
-6Mayor Zegarelli stated that a letter was received from Richard
Gordon, Commissioner, Division of Criminal Justice Services, that Norti
Tarrytown's application for funding under the Neighborhood Preservatioi
Crime Prevention Act was not selected for funding this year. North
Tarrytown will be placed on the mailing list if the legislature passes
a similar bill.
COMMUNICATIONS
Communication from Antonio Benitez of Chestnut Street, requesting
permission to hold a dance at the Strand Roller Skating Center on
October 28th was read.
Mr. Benitez, present at the meeting, stated that it would be a
private party to raise funds for skates.
Mayor Zegarelli stated that the Board is concerned that it would
be properly monitored.

Following a discussion, Trustee Buonanno moved, seconded by
Trustee Lofaro that permission be granted providing that Det. Ferguson
(Youth Officer) is contacted for proper security in monitoring the part
Carried.
Communication from David Gasperik, Birbrower Films, requesting
permission to use parking spaces in front of 94 Beekman Avenue (Cheng
Market) to film TV commercial was read.
Trustee Buonanno moved, seconded by Trustee Timmings that permis:
be granted and that the Chief of Police be notified of same. Carried.
Communication from Carol Tori, Adviser, National Honor Society,
SHHS, requesting permission to hold the Bike-a-thon on November 12th,
instead of November 5th was read.
Trustee Lofaro moved, seconded by Trustee Timmings that permission
be granted and that the Chief of Police be notified of same. Carried.
(Permission was granted at the last meeting.)

|

Communication from Gerald Bregman, 32-34 Beekman Avenue, requestii
sidewalk repairs was read and referred to the public works committee.
Communication from Doreen Quinley, 44 Clinton St., requesting
sidewalk repairs was read and referred to the public works committee.
Communication from Raoul Leveille, 44 Kendall Avenue, requesting
sidewalk repairs was read and referred to the public works committee.

Communication from John Lofaro, 29 Pine Close, requesting one sid
parking on Pine Close because of a fire hazard was read and referred to
the police committee and fire council.
Mayor Zegarelli noted a letter from County Executive O'Rourke
regarding the 300th Anniversary of the founding of the County of Westc
and that a special ceremony will be held in the County Office Building
on November 1st.

�/6

-7Mayor Zegarelli noted a letter from Thomas Green, Public
Information Committee, that the new Hudson Valley Unit of the American
Cancer Society's Westchester Division is participating in the "Great
American Smokeout" on November 17th and that every Village proclaim that
day as "Smokeout Day" was read.
Trustee Timmings so moved, seconded by Trustee Lofaro that
November 17th be proclaimed "Smokeout Day".
Carried.
UNFINISHED BUSINESS
Trustee Timmings stated that a meeting was held by the Technical
Service Review Board with the Chief of Police who .invited the three
detectives to discuss space requirements. The water office and recreation
offices were inspected, said Trustee Timmings. The next meeting will be
held on November 5th with Mr. Biros, he said.
Trustee McBride stated that he did not think Board members should
attend the meetings. He stated that the mere presence of Board members
might restrict the members to have conversations with the people involved.
Trustee Timmings stated that some of the department heads have
seen fit to write directly to the Technical Service Review Board. The
Board wants to render a report based on technical merit, he said. They
do not want to become involved politically.
Trustee McBride stated that he does not want to attend the meetings.
Trustee Lofaro stated that the Town was contemplating on moving
the second election district for the forthcoming November election. He
stated that people would like to keep it in the same area.
Trustee Lofaro moved, seconded by Trustee Buonanno that the
Village Board oppose such a move and that the second election district
remain in the same polling area.
Motion carried while .Trustee Timmings
voted "No".
NEW BUSINESS
Trustee Timmings stated that the Chamber of Commerce has designated
Dr. Edward Zegarelli, "Man-of-the-Year" and moved that the necessary
proclamation document be prepared for presentation to him, seconded by
Trustee Lofaro.
Carried.
Counsel Ponzini stated that for some unknown reason, a senior
citizen was not given her tax exemption on the 1983 assessment roll.
She complied with all of the requirements
Trustee Timmings moved, seconded by Trustee Lofaro that the 1983
Assessment Roll be amended to reflect the exemption of $2100 on property
known and designated on Village Tax Assessment Map as Section 17, Block 7,
Lots 18-19, and that the amount of $156.00 be reimbursed to Mrs. Ann
DeCarlo.
Carried.

�;ij'

H

-8Trustee Buonanno moved, seconded by Trustee Timmings that the
bills submitted on the General Fund and Water &amp; Sewer warrants dated
October 24, 1983 be paid after approval by department heads and that t!
Treasurer be authorized to pay same and that a copy of this resolution
be attached to the warrants.
Carried.

!l

Trustee Buonanno moved, seconded by Trustee Lofaro that the
meeting be adjourned.
Carried.
The Board held a special meeting to discuss the bid received this
evening for catch basins, sidewalks, etc.
A short discussion was held after which Trustee Buonanno moved,
seconded by Trustee Lofaro that the bid be awarded to J. C. Perri in
the amount of $94,450.00 and that the Mayor be authorized to sign the
contract after approval of Counsel.
Carried.
No further business to come before the meeting, Trustee Buonanno
moved, seconded by Trustee Lofaro that the meeting be adjourned. Carrie
lh

Respectfully submitted,
Is p

Filomena Fallacaro
Clerk

4

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(• i

M

PUBLIC HEARING

NORTH TARRYTOWN, N.Y
October 11, 1983

A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown, N.Y. on the above date.
Present

Philip E. Zegarelli,
Mayor
Vincent Buonanno
Joseph D. Lofaro
James J. Timmings
Emmanuel J. Lobato,
Trustees

• f

I'M

Robert J. Ponzini, Counsel
Absent

Stephen Maceyak
William McBride,
Trustees

•ku

Mayor Zegarelli called the meeting to order at 8:00 P.M. with
a prayer and salute to the flag.
Trustee Buonanno moved, seconded by Trustee Lofaro that the
minutes of the meeting held on September 19, 1983 be approved as
written.
Carried.
I!.::

Mayor Zegarelli called for bids on recreation equipment.

ft

Treasurer Amato opened the following bids on various items:
Sportsmaster, Pittsburgh, Pa.
Kensico Sports, White Plains, N.Y.
Allen Sports, New Rochelle, N.Y.
Todd Phelps Sporting Goods, Larchmont, N.Y.
The Athletic Reconditioning Co., Purdy, N.Y.
Patchogue Surgical Co., Sayville, N.Y.
Suprinas Sportlandt, Copack, N.Y.
B.S.N. Corp. , Dallas, Texas
Passons Sports, Philadelphia, Pa.
Trustee Timmings moved, seconded by Trustee Lobato that the bids
be referred to the recreation committee and commission for their analysis
and report back to the Board.
Carried.
Mayor Zegarelli read the notice of hearing to adopt a resolution
pursuant to the provisions of Section 467 of the Real Property Tax Law to
exempt from Village taxes within the control of the said Board to the
extent of 50% of its assessed value properties owned by one or more
persons 65 years of age or over who comply with the provisions and
asked if there was anyone present who would like to address the Board
may do so at this time.

n\
• ».

fe i

Ml

• i

Mayor Zegarelli stated that this resolution allows for those who
qualify to a reduction of 50% in their real property assessment.

I:

I i

�-2No one appearing for or against the resolution, Trustee Buonanno
moved, seconded by Trustee Lofaro that the hearing be closed and the
matter be taken up under Unfinished Business.
Carried.
Mayor Zegarelli asked if there was anyone present who would like
to address the Board may do so at this time.
1
Mr. Dominick Gagliardi, former Fire Warden, raised the question
as to the difference between suspensions for Chief Amesbury &amp; Mr. Cow
Mayor Zegarelli offered an explanation and referred the question
to the fire committee for a full report after the fire wardens meet.
REPORTS OF COMMITTEES
PUBLIC WORKS
In the absence of Trustee Maceyak, Trustee Lobato gave the follow
report:
Replaced hyrdrant damaged by a motorist on Route 9 in the viciniti
of Peabody. The motorist has been billed for the repair.
The semi-annual inspection and flushing of fire hydrants will begi
on Monday, October 17th, from 9 - 3 A.M. for two weeks. The Village
proper and Webber Park will be the areas affected the first week and
Sleepy Hollow Manor the second week.
Bank balance as of October 11, 1983 for the Water &amp; Sewer accoun
is $20,066.
^
Deteriorated sidewalks on Chestnut Street and Beekman Avenue have
been replaced.
I
Trustee Lobato moved, seconded by Trustee Buonanno that action of
the Village Clerk (at the request of the Supt. of Public Works) adverti
bids returnable at the October 24, 1983 meeting be confirmed. Carried
Trustee Lobato stated that the bids are to be part of the Urban
County program to rehabilitate deteriorated catch basins and sidewalks
in census track 116.
j
Commencing Monday, October 17th and until further notice, the
requirement to bag or place leaves into containers will be suspended.
Grass clippings, twigs, branches must still be placed in containers or
tied in bundles.
Trustee Lobato stated that the Elm Street parking lot is now in
use.
On behalf of the Public Works Committee and Board, Trustee Lobat
thanked John Biros for following up the project.
POLICE &amp; LIGHT
In the absence of Trustee McBride, Trustee Buonanno reported tha
one of our patrolman who has been out for some time had filed an
application for disability retirement. The Treasurer has received a
letter from the retirement system that the application has been approve

,'lr:

�/£
•;

V %

-3Trustee Buonanno moved, seconded by Trustee Timmings that the
approval from the retirement system for the ordinary disability
retirement for Patrolman Edward Ciffone be accepted and that he be
removed from the payroll effective October 14, 1983. Carried,.
(See attached)
In order to fill the void created by this retirement, Trustee
Buonanno stated that the Chief interviewed candidates and in the opinion
of the Chairman of the Police Committee and Chief, moved that Gregory
Camp be appointed patrolman, Grade IV, at a salary of $19,047 per annum
effective October 17, 1983, seconded by Trustee Lofaro.
On a question of Trustee Timmings as to the Grade IV position
instead of Grade V, Trustee Buonanno outlined Mr. Camp's background
and it was felt that the only way we can get him was to raise the
entry level by $1,000.
Trustee Buonanno stated that at a previous meeting, Thomas Walczak
was appointed patrolman, however he did not appear for work and moved
that his appointment be rescinded, effectively immediately, seconded by
Trustee Lofaro.
Carried.
*

..I
' tS

. •K

Trustee Buonanno gave the following report for September:
(in official minutes)
Trustee Buonanno read a letter from Robert Gendron of Scarborough
expressing his gratitude to Ptl. Caxiera for locating his stolen car.

".

Trustee Timmings moved, seconded by Trustee Buonanno that the letter
be placed in his file.
Carried.
FINANCE &amp; REAL ESTATE
\

Trustee Buonanno reported a balance of $157,302.73 in the General
Fund as of October 11, 1983.

j
\

Ml

i -,&gt;

i

I'-fc

Trustee Buonanno moved, seconded by Trustee Lobato action of the
I
Treasuer in depositing certificates of deposit in the amounts of $700,000 j
and $200,000 at 8% with the First National Bank of North Tarrytown be
\
confirmed.
Carried.
\
Trustee Buonanno stated that at one of the work sessions, Mrs.
•
Mascia, Director of the Day Care Center, appeared before the Board stating
that the center was in a financial hardship and requested aid from the
j
Village. Similar aid was also being requested from the Village of
Tarrytown, he said. The school authorities will be asked to consider
its charges to the Day Care Center for the use of its facilities.
i

Trustee Buonanno moved to transfer $5,000 from Cont. A1990.4 to
]
Day Care Center A8989 to provide funds for the operation of the Day Care
Center through the end of this calendar year, seconded by Trustee Lobato. j
effective September billing. Carried.

1
Mayor Zegarelli stated that this $5,000 contribution was a single
\
event and would not be repeated. He stated that the monies are to be
utilized solely for scholarship and tuition for those North Tarrytown
•
families who qualify on a monthly basis. The total amount or the ceiling
of North Tarrytown's contribution would be $5,000, said the Mayor.

} *' /

ii'

,n.

�-4TAX EXEMPT PROPERTY
Trustee Timmings reported "Progress".
LABOR RELATIONS-GQV'T.
Trustee Lobato stated that the committee is continuing with
negotiations with the International Brotherhood of Teamsters which
are going along smoothly.
The next session will be held on Monday,
October 17th in Village Hall, he said.
Negotiations with the police
are now in a stage whereby the police have petitioned for binding
arbitration and we are waiting for PERB to set dates for that event ti
occur, said Trustee Lobato.
Mayor Zegarelli moved that Robert Ponzini is duly authorized to i
on the Village's behalf and report through the labor relations commiti
the binding arbitrator's matter with the police, seconded by Trustee
Lobato.
Carried.
79 College Avenue

j

Trustee Timmings reported "progress".
ADMINISTRATION
Trustee Buonanno reported that the exit hatch for Rescue Hose
has been received and will be installed by Village employees within tt
next two weeks.
Trustee Buonanno reported that the garage doors on the firehousB
have been painted.
•
Trustee Buonanno offered the following resolution, seconded by
Trustee Lobato:
WHEREAS Almighty God has seen fit to take unto Himself the soul
of the late Frank Klueber, and
WHEREAS the said Frank Klueber was a former Trustee of the Villag
of North Tarrytown and resident of the Village for many years having
been held in the highest esteem by all those who knew him, now,
therefore, be it
RESOLVED that the Board of Trustees take official notice of
Frank Klueber's death, and be it further
RESOLVED that this resolution be made a part of the official
minutes of this meeting and a copy sent to the family of the deceased.
CARRIED.
Trustee Buonanno stated that we received a proposal from PERMA
as to the cost to the Village for insurance and suggested that the M
matter be discussed at the next work session of the Board. He stateM
that the Treasurer will make a comparison to ascertain whether or n 0 W
we should pursue this avenue.
V
Mayor Zegarelli stated that a decision must be made by January 4fl
Trustee Buona'nno stated that the administration committee is

•

�/ / /

-5volunteering to pursue the concept of a Village Manager form of government. He stated that this would eliminate political differences which
seem to exist. We will obtain some expertise that we so desire, he said.
Mayor Zegarelli stated that we have five individuals who have
agreed to work on the committee, i.e., John Harbour, Jim Donovan,
Chairman, Robert Starr, Judy Husted and Armando Galella.
Mayor Zegarelli moved to confirm the committee, seconded by
Trustee Buonanno.
Carried.
•••A

FIRE
Trustee Lofaro noted the passing of the oldest ex-chief, John
Tanaro.
Trustee Lofaro reported that the second assistant chief suspended
fireman John Convery.
A hearing will be held.

t

•*&gt;

Trustee Lofaro stated that the contract for Rescue Hose fire
apparatus with Pierce is being "held up until further notice.
RECREATION-SENIOR CITIZENS
In the absence of Trustee Maceyak, Trustee Lobato gave the following.
report:
Registration for dog obedience and all special event programs
has been extended.
The Hunter Safety Program was conducted on September 30th and
October 7th with six Village residents successfully completing the
course that taught Hunter Safety and Hunting techniques.
Gym programs at SHHS that will start October 17th do not need
registration.
the
All park equipment has been checked by/park employee and found
to be in good condition.
Minor repairs were made on swings, benches
and the Jack and Jill in the Clinton Street park.

u.

'?

M v

The Recreation Supervisor will meet with the Chief of Police
for his aid in having the parks surveilled at night in order to prevent
vandalism and loitering .
No. Tarrytown resident Karen McCarthy began work as the Recreation
and Parks Department's secretary on Wednesday, October 5th.
Vandals graffitied the Devries Avenue shed over the weekend of
October 1st.
The park crew is presently working to remove it.
MAYOR'S REPORT
Mayor Zegarelli stated that Mrs. Emma Taxter of Holland Avenue
has reached her 100th birthday.
A letter of congratulations will be
sent to her.

!,l

1 '

Hi

. V

|

,;

�-6Mayor Zegarelli stated that the N.Y.S. Confer ence of Mayors
has endorsed Proposition #1 which will appear on the November ballo
The conference is requesting that each municipality endorse the
proposition, said the Mayor, and so moved, seconded by Trustee Lobat
Carried.
COMMUNICATIONS
Communication from Sec'y. of Fire Council, Gordon Ferguson,
requesting an exempt certificate for Allen Williams was read and on
motion of Trustee Lofaro, seconded by Trustee Timmings, said certifi
be granted.
Carried.
Acknowledgment of expression of sympathy from James Friere Famil
was read and filed.
Communication from Dominick Favilla, Hudson Terrace, requesting
sidewalk repairs was read and preferred to the public works committee
Communication from Sal Donzella requesting repairs to his sidewalk at 95 College Avenue was read and referred to the public works
committee.
Communication from Mario Fastiggi, 18 Chestnut Street, request^
sidewalk repairs was read and referred to the public works committee
Communication from Duarte Oliveira, 51 Dell Street, requesting
sidewalk repairs in front of his property at 36 Beekman Avenue was
read and referred to the public works committee.
Communication from James Chalmers, representative of 1 Riverside
Drive, requesting the trimming and removal of dead trees in front of
the property was read and referred to the public works and conservati
committees.

Communication from A. DeCarvalho, President of the Portuguese
Club, requesting permission to hold a procession on October 16th froi
Franklin Street - Cortlandt Street to the St. Teresa's Church at 7 P.
was read and on motion of Trustee Timmings, seconded by Trustee Lobat
permission be granted and that the police be notified of same. Carrii
Communication from Mrs. Carmela Quattrociocchi acknowledging the
Board's expression of sympathy was read and filed.
Communication from Curtis Heath, Chairman of the Conservation
Committee, regarding the Council's recommendations on certain trees
was read and referred to the public works committee*
Communication from Richard Gross, Sec'y. of the apparatus commit
in answer to the Board's memo regarding Rescue Hose apparatus was r&lt;
Mr. Gross stated that at their regular meeting, it was unanimously
approved that the valuation sheet previously submitted to the Board
contained all the pertinent data necessary for the Board to make tM
decision and that the company feels that they have no further information regarding the matter at this time.

. _.,, •*»«&lt;**

�/73

-7Communication from Carol Tori, Adviser, National Honor Society
at SHHA requesting permission to conduct a Bike-a-thon for the Cystic
Fibrosis Foundation on November 5th from 1 2 - 5 P.M. on Harwood,
Palmer, Bellwood and Munroe Avenues was read.

m
&lt;i *;

Trustee Timmings moved, seconded by Trustee Lofaro that permission
be granted and that the Chief of Police and Recreation Department
coordinate efforts to make the event successful.
Communication from Leonard Galante, President of Central Veterans
Committee, requesting permission to use Patriots Park and invited the
Board to the services on November 11th was read and on motion of
Trustee Timmings, seconded by Trustee Lofaro permission was granted
and the invitation accepted with the thanks of the Board.
Carried.
Communication from William Marmo, President of the ItalianAmerican Independent Club, requesting permission to hold a dance on
November 5th at the Immaculate Conception Church from 9 - 1 2 was
read and on motion of Trustee Timmings, seconded by Trustee Lobato
permission was granted and that the police be notified of same. Carried,

"w

Communication from Ptl. Edward Ciffone submitting his letter of
retirement because of a disability was read and on motion of Mayor
Zegarelli, seconded by Trustee Lobato his retirement was accepted
effective October 14, 1983.
Carried.
UNFINISHED BUSINESS
With regard to the hearing this evening, Trustee Buonanno moved,
seconded by Trustee Lofaro that the following resolution be adopted:

:l
i «i
' -it!i

' if-

RESOLVED:
1. Any real property located in the Village of North Tarrytown
shall be exempt from taxation by the Village to the extent of fifty
(50%) percent of the assessed valuation thereof, pursuant to Section
467 of the Real Property Tax Law, provided that:
a. In the case of joint ownership of said real property, either
the husband or the wife must be sixty-five (65) years of age or over.

.in

b. The income of the owner or the combined income of all the
owners of the property does not exceed the sum of nine thousand
($9,000.00) dollars for the twelve (12) consecutive months immediately
preceding the date of the application for exemption. Where title to
the property is vested in either the husband or the wife, their combined
income may not exceed such sum. Such income shall include Social
Security and retirement benefits, interest, dividends, rental income,
salary or earnings and income from self-employment, but shall not
include gifts or inheritances. In connection with any application for
exemption, applicant shall furnish the Board of Assessors such evidence
of the income or combined income as the Board of Assessors may require.
c. The title to the property shall have been vested in the owner
or all of the owners of the property for at least twenty-four (24)
consecutive months prior to the date of making application for exemption.

iMv
iff.

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•

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d. The property is used exclusively for residential purposes.

;
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8e. The real property is the legal residence of and is occupied
in whole or in part by the owner or by all of the owners of said
property.
2. Application of such exemption must be made by the owner, or
all of the owners of the property on forms to be furnished by the
Board of Assessors of the Village. Said application shall furnish
all the information and shall be executed in the manner required or
described in such forms, and shall be filed each year with the Board
of Assessors not later than December 31st.
This resolution shall apply only to Village real estate taxes
for the fiscal year commencing June 1st, 1984. Carried.
Trustee Timmings stated that a couple of Trustees met with the
Technical Service Review Board reviewing space requirements and it
was requested to have drawings made of the building and so moved tha
his action of having the drawings reproduced be confirmed, seconded
Trustee Lobato.
Carried.
The next meeting will be held on October 15th at 9 A.M. at Villa
Hall with the Chief of Police, said Trustee Timmings and moved that
be notified of same, seconded by Trustee Lofaro.
Carried.
NEW BUSINESS
After consultation with Trustee Lobato and Attorney Ponzini,
Trustee Timmings moved, seconded by Trustee Lobato that action of
the Mayor in designating John Gorman to handle a specific court cas
on behalf of the Village at the standard amount for Prosecutor be
confirmed.
Carried.
Trustee Buonanno moved, seconded by Trustee Lobato, that the bil
submitted on the General Fund and Water &amp; Sewer warrants dated Octob
11th, 1983 be paid after approval by department heads and that the
Treasurer be authorized to pay same and that a copy of this resoluti
be attached to the warrants.
Carried.
There being no further business to come before the meeting,
Trustee Lofaro moved, seconded by Trustee Lobato that the same be
duly adjourned.
Carried.
Respectfully submitted,

Filomena Fallacaro

Clerk

: -i^^-^0^1

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TFLEPHONE
9l4)

RICHARD J. SPOTA

6M-080O

Chief of Polk*

^Police 3Btpartment
tillage ot JJartl) GTarrptoton, &amp;. § . 10591
POLICE REPORT

SEPTEMBER

1933

Total Number C h a r g e d by P o l i c e :
1. Summoned

588
150

2. Arrested
Total

Persons Charged with Crimes o r V i o l a t i o n s
1. V&amp;T Moving
2. V&amp;T Non-Moving

3.
4.
5.
6.

".

•
-

4

Criminal F a c i l i t a t i o n
&lt;
Criminal Possession of a Controlled Substance 7th,
Disorderly
Conduct
«
D.W.I

7. D. W. I. Felony
.8. Reckless Driving
;
9.
Operating
with
a
Suspended
or
Revoked
License
10.
isfl 11. Failure to take Breath Test
12. Criminal Possession of Stolen Property 3rd...
13. Unlawful Use of a Credit Card
14. Harassment
15.
16. Criminal Possession of a Weapon 4th
17. Menacing
18. Resisting A r r e s t
19.
20. Obstructing Governmental Administration
21. Violation of a Family Court Warrant
22. Criminal Possession of a Weapon 3rd
23. Attempted Sodomy 3rd
24.
•
25. P r o s t i t u t i o n
26. Drinking i n Public,V.O
27. Unlawful Possession of Marijuana
28. Scoff law
29.
30. Violation of Sentence

. Failure t o Appear Warrant
Criminal Mischief.4th•
Assault 1 s t
Possession of Stolen Property 1st
Dog Ord. Violations

*

Total

•

738
57
1
1
2
13
25
1
2
8
2
2
1
5
2
1
2
1
2
1
1
1
1
4
3
1
1
153
4
1
1
3

�l-t

TELEPHONE

(914) 631-0800

KlCHARD J. SPOI]
Chief of hlk,

polite JBtprtment
Vtlfage of Jtartf) SCattptoton, J l g . 10501
Parking Violations:
. 1• Metered Parking
2. Other Parking Violations

112
476
Total

Investigations of
Investigations of
Aiding of Injured
Investigations of
.t.'.

c*

Reported Felonies
Auto Accidents
at Accidents...../.....
Other Complaints.
• i:c.i

Police Aid to Sick Persons
Ambulance Requests
Responding to Alarms
Escorts on Warrants
Arrests
Missing Persons
D.O.A
Checking 16 Dark Houses
Assistance Other Than Above

-.)

&lt; » • . « •

588
7
27
11
282

' 'Total' '•:"

327

39
34
.'.,... 21
6
5
2
147
314
Total

569

Respectfully submitted,

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NORTH TARRYTOWN, N.Y.
September 19, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
v
Present

Philip E. Zegarelli,
Mayor
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel Lobato,
Trustees
Robert J. Ponzini, Counsel

Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
Mayor Zegarelli called for a moment of silence on the passing of
former County Executive Edwin Michaelian.
Trustee Maceyak moved, seconded by Trustee Lobato that the minutes
of the meeting held on August 22, 1983 be approved as written. Carried.
Mayor Zegarelli noted the presence of County Legislator William
Crosbie.
Mayor Zegarelli asked if there was anyone present who would like to
address the Board may do so at this time.
No one addressing the Board, the regular order of business resumed.
REPORTS OF COMMITTEES
PUBLIC WORKS
Trustee Maceyak gave the following report:
Replaced hydrant on Holland Avenue which was damaged by a trailer truck
Routine preventative maintenance of sanitary sewers with sewer jet in
the Village proper. •
Bank balance in water and sewer account as of 9/19 is $42,818.
Replaced deteriorated sidewalks on Clinton St., Cortlandt St.,
Francis St., Washington St. and Chestnut St.
Resurfaced a portion of Cortlandt Street to improve the bumps caused
by the water main break.
Trimmed low branches in Fremont Circle using our bucket truck.
Placed telephone poles on Hudson Street parking lot (proposed) to
outline the area.
Stairs at the railroad station have been repaired.

�-2Trustee Maceyak moved, seconded by Trustee Lobato that action be
taken against Roger Thomas, Water &amp; Sewer Maintenance Man, Grade II,
similar to that taken on former employee James Rogalski.
Carried.'
Trustee Maceyak stated that the stickers for Elm
lot have been received. The Village Attorney drafted
be signed by tenants to which they will agree that no
will be parked in the lot, no storage or repair work,

Street parking
an agreement to
commercial vehicl
etc.

Trustee Maceyak moved, seconded by Trustee Lofaro that the Clerk's c
commence issuing stickers for parking spaces on Elm Street. Carried.
Trustee Maceyak moved, seconded by Trustee Lofaro that $2400 be
funded for fencing around the Hudson Street lot and that the money be
obtained from the current budget.
Carried.
Trustee Maceyak moved, seconded by Trustee Buonanno that the Mayor
be authorized to sign the agreement with Westchester County for the
$100,000 Urban County Grant to repair catch basins and sidewalks in
census tract 116 after review by the Village Attorney.
Carried.
Trustee Maceyak moved on recommendation of the Public Works Commits
that George Crouch be promoted to M.E.O. effective October 1st, 1983,
seconded by Trustee Buonanno who amended the motion that funds be obtain*
from Contingency and that the Treasuer make the necessary adjustment,
seconded by Trustee Lofaro.
Carried.
Trustee Maceyak moved, seconded by Trustee Lofaro that the Board
advertise and post two Motor Equipment Operation positions; one in
sanitation and the other in highway.

I

Trustee Timmings questioned the number of 8 M.E.O. and 4 laborers
and noted that we are in new negotiations.
Trustee Lobato'noted grievance problems from the department and stat
that it was unfortunate that we have a small work force.
POLICE &amp; LIGHT

Trustee McBride reported that the Police Bargaining Committee met on
September 9th with Mediator Paul Kell, Trustee Timmings, Counsel Ponzini
and himself.
They met for six hours and were unable to resolve any of
the differences between either side. The next step is binding arbitratio
said Trustee McBride, which has been tentatively scheduled for the end of
the month.
Counsel stated that we will receive a letter from the Mediator to
the effect that he will be notifying PERB of the impasse after which a
date will be scheduled.
Trustee Lobato stated that we do not have -to go into arbitration if
we say we are at an impasse. He stated that he would like to hold off
until the next work session. We have not considered a fall-back positio
he said.

�/$/

3

-3Trustee Timmings stated that one of the small sessions involved the
mediator, police lawyer and himself.
Only change the police would
consider was one that was cosmetic.
They considered what the Village
thought was minutes of a meeting to be a memo of agreement and consequently,
would not back away from it.
Mayor Zegarelli stated that he does not think the Board is entertaining
e
any motion
at this
this time
time. rTWe
entertaining any *thoughtjof
otion at
~ are -not
--1- -----—--•--»-* -» ~ going
- into
1
binding arbitration unt::il we hear from the mediator.
Counsel stated that once the report is filed by the mediator, we are
heading for arbitration. If we want to go back to mediation, it should be
with the consent of both parties.
Trustee Lobato proceeded to recommend that the Board somehow decide
whether we are going to wait for the mediator's report or make an affirmative!
attempt to talk one more time with the police.
Trustee Timmings stated they did not want to talk about anything,
except the piece of paper.
Trustee McBride stated that we are not close at all.
where we are not going to resolve it.

The feeling is

Mayor Zegarelli suggested that the Labor Relations Committee meetlas
soon as possible to discuss the matter and ramification of pursuit after
the report is filed by PERB.
Trustee McBride stated that fines collected in July report amounted
to $1922. This is based on past due tickets, said Trustee McBride. The
practice will be continued, he said.
Trustee McBride stated that the off-street parking committee have
recommended three sites for the bus shelter with the agreement of the police
department and moved that they be situated as follows: Entrance to the
Sleepy Hollow Manor, Triangle at Broadway and Harwood Avenue and south of
the Pocantico River bridge, west side, seconded by Trustee Buonanno. Carried
Trustee McBride stated that the police, in conjunction with the County,
set up a road-block on Route 9 on September 9th for a D.W.I. Sobriety
check.
He commended the department and all involved in the road-block
check.
Trustee McBride stated that a request has been made by Ptl. James
Reddy for a transfer to the Buchanan Police Department. His two main
reasons are money and closeness to his home.
Trustee McBride moved, seconded by Trustee Buonanno that action of
the Mayor in approving Ptl. Reddy's transfer to Buchanan, effective
September 19, 1983 be approved.
Carried.
Trustee McBride stated that he has a recommendation from the Chief
to replace Ptl. Reddy with Thomas Walczak. He read Mr. Walczak's qualifications who served on our police force from October 1977 - April, 1979.

�-4Trustee McBride moved, seconded by Trustee Timmings that Thomas
Walczak be appointed patrolman effective September 26, 1983, third
grade, at a salary of $20,960 per annum.
Carried.
Trustee McBride submitted the following report for August:
(In detail official minutes)
FINANCE &amp; REAL ESTATE
Trustee Buonanno reported a balance of $158,516.42 in the General
Fund as of September 19th.
Trustee Buonanno moved to confirm action of the Treasurer in
depositing a certificate of deposit in the amount of $700,000 at 8% in
the First National Bank of North Tarrytown and a certificate of deposit
in the amount of $300,000 at 8% with the First National Bank of North
Tarrytown.
Carried.
Trustee Buonanno offered the following resolution, seconded by
Trustee Maceyak:
BOND RESOLUTION DATED SEPTEMBER 19, 1983, AUTHORIZING THE
ISSUANCE OF $185,000 SERIAL BONDS OF THE VILLAGE OF NORTH
TARRYTOWN, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE
ACQUISITION OF A FIRE APPARATUS WITH EQUIPMENT FOR THE VILLAGE
AND APPROPRIATING THE PROCEEDS TO SUCH PURPOSE.
I
(In detail official minutes)

I

Mayor Zegarelli recognized Sandra Galef County Legislator in the
audience.
TAX EXEMPT PROPERTY
Trustee Timmings reported progress.
LABOR RELATIONS

Trustee Lobato reported that the committee will be meeting with
representatives from the International Brotherhood Teamsters on Sept. 2
to commence negotiations for a contract with the Village blue collar
workers. This is the first meeting since the de-certification of CSEA
and certification of IBT, he said.
The labor relations committee will prepare a job description for
a Village Manager, said Trustee Lobato.

Trustee Lobato stated that a meeting will be held on September 21s
with representatives from CRISP and the Board of Trustees, County
Legislators Galef, Crosbie and Brady will also be here, he said. The
meeting is open to the public.

�&amp;s

-5Trustee Titnmings stated that at the last meeting, the Board
approved referring the space allocation matter in Village hall to the
Technical Service Review Board. The first meeting was held last Saturday
morning. We have assessed work assignments for various people for the
next meeting. There will be another meeting on October 1st and we will
continue to meet periodically, he said. A memorandum will be sent to
various department heads for a meeting to discuss various problems they
might have, said Trustee Timmings.
Trustee Timmings moved that action of the committee in authorizing
the Technical Service Review Board to commence interviewing department
heads to obtain their view for their needs and future needs be confirmed,
seconded by Trustee Buonanno.
Carried.
79 COLLEGE AVENUE
Trustee Timmings called for a Directors meeting after the Board
meeting to discuss matters in connection with 79 College Avenue.
RECREATION &amp; SENIOR CITIZENS
Trustee Maceyak offered the following resolution, seconded by
Trustee Lofaro:
WHEREAS Almighty God has seen fit to take unto Himself the soul
of the late Joseph Quattro, and
WHEREAS the said Joseph Quattro was the former Superintendent of
Recreation and a resident of the Village of North Tarrytown for many
years having been held in the highest esteem by all those who knew
him, now, therefore, be it
RESOLVED that the Board of Trustees take official notice of
Joseph Quattro's death, and be it further
RESOLVED that this resolution be made a part of the official
minutes of this meeting and a copy sent to the family of the deceased.
Carried.
Trustee Maceyak stated that Mr. Quattro did a lot for recreation
in the Village and will be sorely missed.
Trustee Maceyak moved that specifications be prepared and bids
be received on October 11th for recreation equipment, seconded by
Trustee Buonanno.
Carried.
Trustee Maceyak stated that the Fall and Winter brochure is out.
The registration deadline is October 7th.
Vandalism - bench uprooted in Barnhart Park and was cemented in
by employees. There was excessive garbage in Clinton St. playground and
was removed.
Trustee Maceyak stated that the Recreation Commission has requested
that the Clinton Street park be closed because of the vandalism problem.
The matter will be discussed at the next work session of the Board, said
Trustee Maceyak.

�-6Trustee Maceyak stated that the senior citizens have scheduled
a Halloween Party on October 31st; a Christmas Party on December 6th
and a trip to the Evening Theater on October 5th. There were seven
new members.
Trustee Maceyak moved, seconded by Trustee Timmings that a lettebe sent to the senior citizens congratulating them on their 8th anniv&lt;
sary.
Carried.
Trustee Maceyak stated that since Mr. Soriano is ill, there was
no one to represent North Tarrytown at the Town of Mt. Pleasant Senior
Citizens Council.
Mayor Zegarelli called for suggestions from the Board.
ADMINISTRATION

Trustee Buonanno moved, seconded by Trustee Lofaro that a public
hearing be held on October 11th on a proposal to adopt a resolution
pursuant to the provisions of Section 467 of the Real Property Tax
Law to exempt from Village taxes within the control of the said Board
of Trustees to the extent of 50% of its assessed value properties ownej
by one or more persons 65 years of age or over who comply with the
provisions of said Section 467 as to occupancy, income, length of ownei
ship and otherwise. Carried.

Trustee Buonanno stated that a meeting was held with our Animal
Control officer, Sally Isler, and an agreement was made with her. He
suggested that the Board consider the Village providing total serviced
in animal control and that we request the Town of Mt. Pleasant to I
reimburse the Village for a full time person. We would not then need!
the Town Control Officer.
Mayor Zegarelli stated that obtaining a dog warden from
an outgrowth of the secession report. We negotiated services
State required payment of taxes, regardless, said the Mayor.
need to further negotiate this item with the Town Supervisor
the suggestion to be entertained.

the Town:
because t
We would
to enable

Trustee Buonanno stated that sometimes, meetings are being held i
the courtroom. The committee is looking into the feasibility of insta
a lavatory off the lobby on the first floor.

Trustee Buonanno stated that he met with the Building Inspector w
issued notices of violations to several owners and moved that the Boar
confirm the action of the Building Inspector in sending out notices
of violation, seconded by Trustee Maceyak.
Carried.
Trustee Buonanno offered the following resolution, seconded by
Trustee Maceyak:
WHEREAS Almighty God has seen fit to take unto Himself the soulg
of the late James Friere, and
I

WHEREAS the said James Friere was the former Chairman of the ZoiJ
Board of Appeals and former resident of the Village ofr many years
having been held in the highest esteem by all those who knew him, now,
therefore, be it

�fyy

-7RESOLVED that the Board of Trustees take official notice of
James Friere's death, and be it further
RESOLVED that this resolution be made a part of the official
minutes of this meeting and a copy sent to the family of the deceased.
Carried Unanimously.
Trustee Buonanno offered the following resolution, seconded by
Trustee Timmings:
WHEREAS Almighty God has seen fit to take unto Himself the soul
of the late H. Tilden Swan, and
WHEREAS the said H. Tilden Swan was the former Mayor of the Village
of North Tarrytown and resident of the Village for many years having
been held in the highest esteem by all those who knew him, now,
therefore, be it
RESOLVED that the Board of Trustees take official notice of H.
Tilden Swan's death, and be it further
RESOLVED that this resolution be made a part of the official
minutes of this meeting and a copy sent to the family of the, deceased.
Carried Unanimously.
FIRE
Trustee Lofaro moved to confirm the taking of fire apparatus to
Mr. Friere's funeral, seconded by Trustee Buonanno.
Carried.
Trustee Lofaro stated that Fire Prevention Week is coming up and he
has received a request from the Fire Chief for funds to have a small
band perform in front of Central headquarters to alert people to Fire
Prevention Week.
Trustee Lofaro moved, seconded by Trustee Lobato that $300 be."allocated for a band.
'Carried. L
* ," " "
' e^
~
. Carried.
Mayor Zegarelli stated that a letter has been received from
Mayor Barbella of Tarrytown, requesting North Tarrytown to support their
efforts toward changing the way the MTA distributes funds between the
LIRR and the Metro-North lines. A letter will be sent.
Mayor Zegarelli noted a letter from Senator Alphonse D'Amato
regarding his support of the the $500 death benefit and G.I. insurance
bills and a copy will be forward to Mr. John Carroll.
Mayor Zegarelli read a Western Union Mail-Gram, a copy of which was
given to each Trustee, from D. R. Wickline, Mack Trucks, formally
protesting the awarding of the fire apparatus to Tyler Fire Equipment
(Pierce). This was in view of the Board's failure to award the contract
to the lowest bidder, a difference of $15,000 between the two bids. Mr.
Wickline requested that the award be rescinded and tendered to his firm
and failure to do so will force them to take appropriate action.
The matter was referred to Counsel.
itayor Zegarelli stated that the meetings for October will be
held on October ljLth and 24th.

�-8Mayor Zegarelli stated that tickets are available for the WCVOA
Dinner-Dance to be held on October 21st. He stated that officials may
be reimbursed by the Village for his own ticket. This has been confirm
by the Dept. of Audit &amp; Control and confirmed.
Trustee Timmings so moved and that the Clerk and Treasurer be
included, seconded by Trustee Lofaro. Carried.

I
I

Mayor Zegarelli thanked all the people who sent him cards for
good health.

Mayor Zegarelli stated that he has received Article 78-Court
Decision signed by Gerard Dalney and submitted a copy to be made a part
of the minutes.
Based on the decision which revolved mainly around the Village
Attorney and Prosecutor and in accordance with the same, Mayor Zegarell
stated that Village Attorney Robert Ponzini is designated as the Villag
Attorney by the Court decision.

With regard to the Village Prosecutor, Mayor Zegarelli stated that
the position is vacant and under the provision of the court decision,
it is the Mayor's appointment subject to the approval or disapproval
of the Board.
He stated that he proposed names for consideration as
part of an agreement between both sides to solve the impasse. Appointments not approved by the Board of Trustees, Mayor Zegarelli stated tha
he will revert back to his position on each appointment outlined in the
April 4th minutes.
Mayor Zegarelli moved that Robert Pierce be appointed Village
Prosecutor, seconded by Trustee Timmings.

I
I

Trustee Lobato inquired of the Mayor if he entertained interviewin
someone other than Robert Pierce.

At the work session, Mayor Zegarelli stated that he had mentioned
a name, but he (Trustee Lobato) had different names which were not
brought up at the time. He stated that he finds it difficult to do it.
He stated that the court decision is quite clear. We have all seen
Mr. Pierce in action. He is an excellent choice and he is available,
said the Mayor.
Trustee Lobato stated that he does not know who he is.
Mayor Zegarelli stated that he represented Mr. Amesbury when Fire
Council brought action against him.
Trustee Lobato stated that his proposal should be interviewed.
Mayor Zegarelli stated that he does not know Trustee Lobatofs .
proposal, Thomas McKenna.
He stated that he does not know the individ
personally or otherwise. Mr. Pierce was available at the work session
said the Mayor.
Your name was obviously proposed at their own sepai
meeting, said the Mayor.
No consideration was given to the Mayor al
to who the majority intended to propose, said the Mayor.
|
Trustee McBride stated that the Justice decision is very clear.
It is the Mayor's appointment, however, if the position is vacant, it

�/yf

-9is subject to the approval of the Board.
The Village law says it is
the Mayor's appointment subject to the approval of the Board. You have
to have approval of the Board, said Trustee McBride.
Mayor Zegarelli stated that the majority of the Board had given
Trustee Timmings a list of names of proposals last Saturday, however,
the appointees were none of which they had proposed at a previous work
session. He stated that they had every opportunity to have interviews.
This is an attempt to restrain sufficient operation of the Village,
said Mayor Zegarelli.
Trustee Buonanno stated that they called a meeting in executive
session prior to tonight's meeting to iron out differences. This was
their last attempt to negotiate the differences.
Mayor Zegarelli stated that the list reflects total partisan people.
Mayor Zegarelli called for a vote as follows:
Trustee Maceyak
"
Buonanno
McBride

- No
- No
- No

Mayor Zegarelli voted "Yes".

Trustee Lofaro
- No
"
Timmings - Yes
"
Lobato
- No
Motion not carried-no Prosecutor.

Village Assessor - Mayor Zegarelli stated that there is a vacancy and
appointed former Trustee and Building Inspector, Joseph Jelenek.
Trustee Timmings moved to confirm the Mayor's appointment, seconded
by Mayor Zegarelli.
Trustee Buonanno stated that they attempted to negotiate their list
of appointments in total. Essentially, we had to go back in and renegotiate.
We did try to negotiate, he said.
Trustee Lobato stated that they had a second name and that they
would entertain the name as part of an overall compromise.
Mayor Zegarelli stated that the individual involved was Herbert
Rogers who he originally proposed sometime • ago, but found out that other
legislation has to be enacted because he does not live in North Tarrytown.
In accordance with Village law, the Village Assessor must be a resident
of North Tarrytown and Mr. Rogers is not. You would have to pass a Local
Law accepted by the State, he said. The time frame is very time-consuming
You will have to have special legislation.
Trustee Lobato stated that a Local Law may be a point of compromise.
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak
- No
"
Buonanno - No
"
McBride
- No
Mayor Zegarelli voted "Yes".

Trustee
"
"
Not carried -

Lofaro
- No
Timmings - Yes
Lobato
- No
no assessor.

�-10Recreation Commission - Mayor Zegarelli stated that there are five
members of the commission, one term is expired, another to fill the
unexpired term of W. Shroba.
As a compromise, Mayor Zegarelli stated
that Miss Piedemonte, whose term expired 1983, continues until 1988 and
proposed the name of Elias Tsekeridesjto fill the unexpired term of w
Shroba (1985).
»
Trustee Timmings moved to confirm the Mayor's appointments, seconl
by Mayor Zegarelli.
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak
- No
"
Buonanno - No
"
McBride
- No
Mayor Zegarelli voted "Yes".

Trustee Lofaro
- No
"
Timmings - Yes
"
Lobato
- No
Motion not carried.

Mayor Zegarelli stated that Miss Piedemonte continues in office
and the term of W. Shroba is now vacant, there is no appointee at this
time.
The compromise was offered, said the Mayor and was rejected.
Member of the Planning Board - Mayor Zegarelli stated that James
Galgano is a hold-over and continues as a member of the Planning Board
for a term of five years.
Trustee Timmings moved to confirm the Mayor's action, seconded by
Mayor Zegarelli.
A poll of the Board:
Trustee Maceyak
- No
Trustee Lofaro - No
"
Buonanno - No
"
Timmings - Yes
McBride
- No
"
Lobato - No
Mayor Zegarelli voted "Yes" and under the provision of the court
order stated that Mr. Galgano continues in office.
Village Historian - Mayor Zegarelli stated that he designated Joseph
Finnegan and the majority proposed Wally Buxton.
Trustee Timmings stated that Mr. Buxton was voted historian for a
number of years. During one of the years, he submitted a letter of
resignation indicating that he was not able to fulfill the requirements
of the job.
Trustee Timmings moved to confirm action of the Mayor, seconded by
Mayor Zegarelli.
A poll of the Board:
Trustee Maceyak - Yes
Trustee Lofaro - Yes
"
Buonanno - Yes
"
Timmings - Yes
McBride - Yes
*"
Lobato - Yes
Mayor Zegarelli voted "Yes". Motion carried and declared Joseph
Finnegan Village Historian'for a term of one year.

m

�/&lt;r/

-11Building Inspector - Mayor Zegarelli proposed James Margotta as
Building Inspector and Ugo Checchi as an assistant. He stated that
the position of Code Enforcement Officer is non-existent. He stated
that he is proposing the two individuals in toto, J. Margotta as
Building Inspector at a rate of $11 per hour and U. Checchi, his
assistant at a rate of $10 per hour.
Trustee Timmings moved to confirm the Mayor's action, seconded
by Mayor Zegarelli.
Trustee Maceyak asked the Mayor to reverse the compromise having
J. Margotta the assistant and U. Checchi the inspector.
Mayor Zegarelli stated that Mr. Margotta has been in construction
a length of time and is well-versed in it. He knows the Village having
served on the Zoning Board of Appeals and Library Board and Clerk of the
Works during the addition to the Warner Library.
Mayor Zegarelli stated that Mr. Checchi has worked beyond the 17%
hours per week.
For the remainder of 6% months left in the year, he
thought this is an excellent compromise.
Trustee Timmings stated that Mr. Margotta is basicly retired and
Mr. Checchi is still active in the plumbing business. He stated that
he was cautioned to be very careful of a conflict of interest situation.
Trustee Maceyak cited Mr. J. Brophy of having two positions also.
Trustee Timmings moved to confirm the Mayor's proposal, seconded
by Mayor Zegarelli.
Trustee Buonanno stated that the Administration Committee is
charged with the responsibility of interviewing potential candidates
for the position.
When Mr. Margotta's name came up, he declined the
position.
He stated that the Mayor alone offered Mr. Margotta more
money and responsibilities.
A poll of the Board"
Trustee Maceyak
- No
"
Buonanno - No
"
McBride
- No
Mayor Zegarelli voted "Yes".

Trustee Lofaro
"
Timmings "
Lobato
Motion not carried, no

No
Yes
No
Building Insp.

Mayor Zegarelli stated that in the interest of covering the system,
designed as an additional duty, John Biros, building inspector on a
temporary basis.
Trustee Timmings so moved, seconded by Mayor Zegarelli. Carried.
Mayor Zegarelli stated that he will ask Counsel Ponzini to review
the files on cases pending for the Prosecutor and to handle them.
Library Board: Mayor Zegarelli proposed the name of Joan Levy to continue
on the Library Board for a term of five years.

�-12Trustee Timmings moved to confirm the Mayor's proposal, seconded
by Mayor Zegarelli.
A poll of the Board:
Trustee Maceyak
- No
"
Buonanno - No
"
McBride
- No
Mayor Zegarelli voted "Yes".

Trustee Lofaro
"
Timmings
"
Lobato

- No
- Yes
- No

Under the provision of the court ruling and according to the
minutes of the April Ath meeting, Mayor Zegarelli stated that Joan Lev]
continues in office as North Tarrytown's representative on the Library
Board.
Mayor Zegarelli stated that Mr. Margotta was going to vacate his
position on the Library Board and he would have proposed Terrence
O'Connor their designee.
Trustee Timmings stated that the majority was offered a 20c soluti
to the problem to the Attorney General, however, the majority of the
Board refused that option and forced the position that involves spendii
thousands of dollars of taxpayers money. In view of this, Trustee
Timmings moved that the following resolution be adopted, seconded by
Mayor Zegarelli:

WHEREAS, a resolution was enacted by five (5) members of the Norti
Tarrytown Board of Trustees to compensate an attorney of their choosil
to defend their personal interests in a lawsuit brought by the Mayor I
and Village Attorney of North Tarrytown, and

WHEREAS, the Trustees who proposed and favored said resolution are
Vincent Buonanno,. Joseph D. Lofaro, Emmanuel J. Lobato, Stephen J.
Maceyak and William McBride, and
WHEREAS, as part of his official duties to protect the laws and
public interests of the citizens of North Tarrytown, Mayor Philip E.
Zegarelli commenced an action in the New York State Supreme Court,
Westchester County to require said Trustees to recognize his authority
to appoint the Village Attorney, and

WHEREAS, the Honorable Gerald E. Delaney, Justice, Supreme Court
State of New York, in a decision dated August 30th, 1983 concluded that
the actions of said Trustees abolishing the position of Village Attome
were based solely on political concerns and taken in bad faith, and
WHEREAS, said Trustees were provided with reasonable opportunity
to resolve said disagreements with Mayor Philip E. Zegarelli prior to
the initiation of said lawsuit, and
WHEREAS, Trustee Emmanuel J. Lobato specifically stated that it I
was his desire to bring this dispute to the Court of Law, in spite of•
numerous legal opinions in support of the position of the Mayor, and I

�^3

-13WHEREAS, Section 31-4(A) of the General Code of the Village of
North Tarrytown provides: "the duty to indemnify and save harmless
prescribed by this subsection shall not arise where the injury or damage
resulted from intentional wrongdoing or recklessness on the part of the
employee," and
WHEREAS, Section 18(B) of the Public Officers Law of the State of
New York provides: "Except as otherwise provided by law, the duty to
indemnify and save harmless prescribed by this subdivision shall not
arise where the injury or damage resulted from intentional wrongdoing
or recklessness on the part of the employee," and
WHEREAS, the actions of the Trustees aforementioned were deemed
by a Court of Law to have been taken in bad faith, and therefore
constitute reckless and intentionally wrong conduct, and
WHEREAS, said reckless and intentionally wrong conduct resulted in
a waste of public funds pursuant to the General Municipal Law of the
State of New York,
NOW, THEREFORE, be it resolved, that said Trustees, Vincent
Buonanno, Joseph D. Lofaro, Emmanuel J. Lobato, Stephen J. Maceyak and
William McBride, for their recklessness, wanton and intentionally wrong
actions, all of which are deemed as a matter of law to be taken in bad
faith, be ordered jointly and severally to repay to the public treasury
those several thousand dollars in funds, together with the interest
thereon which were paid to their attorney, which expenditures were a
waste of the municipal treasurer of the Village of North Tarrytown.
Trustee Lobato inquired the identity of the people who prepared
the resolution.
Trustee Timmings stated that the people he had talked to indicated
that it is extremely unusual for a Justice in his written opinion to
say that people acted in bad faith.
A poll of the Board:
Trustee Maceyak
- No
"
Buonanno - No
"
McBride
- No
Mayor Zegarelli voted "Yes".

Trustee
"
"
Motion not

Lof aro
- No
Timmings - Yes
Lobato
- No
carried.

Mayor Zegarelli stated that if individuals would care to have a
copy of the resolution they may pick up a copy.
Mayor Zegarelli read a memo that he sent to department heads citing
the Court's decision.
(In official minutes)
Mayor Zegarelli stated that North Tarrytown will host the Village
Officials meeting on October 13th.
The meeting will be held at the
Restoration.

�-14COMMUNICATIONS
Communication from Marilyn Benjamin, 132 Palmer Avenue, requests
that a tree in front of her property be pruned was read and referred
to the public works committee.

Communication from William Barstow, 227 Kelbourne Avenue, requei
sidewalk repairs was read and referred to the public works committee.

Communication from Mr. &amp; Mrs. G.deCarvalho, 51 Howard Street,
requesting the removal of a tree in front of his property was read and
referred to the public works and conservation committees.
Communication from Edward Belliveau requesting sidewalk repairs
in front of his properties at 179 Beekman and 173 Beekman Avenue,
was read and referred to the public works committee.
Communication from Joseph DeFelice, 291 No. Washington Street,
requesting repairs to his driveway apron was read and referred to the
public works committee.
Communication from Anna Kaleta, 134 Depeyster Street, requesting
sidewalk repairs was read and referred to the public works Committee.

Communication from Diego Ranieri, 58 Hudson Terrace, requesting
the removal of a tree in front of his property because it is creating
a hazard was read and referred to the public works and conservation
committee.
I

Communication from Raymond Hordell, Executive Director, No.
I
Tarrytown Housing Authority, requesting three parking spaces for the "
authority was read.
Mayor Zegarelli stated that the matter will be discussed at a
work session.

Communication from George Bollenbacher, 71 Miller Avenue, Tarryto
requesting permission to hold bicycle races in North Tarrytown on Sundi
June 17th was read and referred to the recreation and police committee!
for further study.

Communication from Sec'y. of Fire Council, Gordon Ferguson, regar
changes in personnel in Fire Patrol, Rescue Hose, Columbia Hose and
Union Hose Companies, and exempt certificates for K. Poli and G. Dukes
was read and on resolution duly made by Trustee Timmings, seconded by
Trustee Lofaro was confirmed by the Board.
Carried.
Communication from Sec'y. of Fire Council, Gordon Ferguson,
regarding repairs to emergency vehicles having priority was read and
referred to public works committee.

Communication from Sec'y. of Fire Council, Gordon Ferguson,
regarding employees responding to alarms was read and referred to the
public works and fire committees for review.

�Ar

-15Communication from Sec'y. of Fire Council, Gordon Ferguson. ,
regarding better cooperation between the fire department and other
Village departments was read and referred to the fire committee.
Communication from Elmer &amp; Marguerite Kenyon, 10 Gory Brook Road,
regarding violation notices received to remove an obstruction from
Village property by Sept. 20th was read. The Kenyons stated in their
letter that according to their deed, they own the land to the street
with no mention of any portion belonging to the Village. They noted
that every house on the east side of Gory Brook Road has a retaining
wall.
The matter was referred to the building inspector, John Biros.
Communication from John Keels, C.O.C., stating that the C.O.C.
has a balance of $3000 of unexpired funds was read.
Trustee Timmings stated that he called Mr. Keels this afternoon
and explained the situation to him.
Mr. Keels will be receiving a
copy of the financial report from the Village Treasurer.
NEW BUSINESS
Due to personal reasons and family ties, Trustee Maceyak stated
that he is resigning from the police committee effective September 20,
1983.
Resignation accepted.
Mayor Zegarelli stated that he will bring up the matter at the
next work session for a replacement.
Trustee Maceyak moved, seconded by Trustee Timmings that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated Sept. 19,
1983 be paid after approval by department heads and that the Treasurer
be authorized to pay same and that a copy of this resolution be attached
to the warrants.
Carried.
No other business to come before the meeting, Trustee Timmings
moved, seconded by Trustee McBride that the same be duly adjourned.
Carried.
Respectfully submitted,

Filomena Fallacaro
Clerk

�VILLAGE OF NORTH TARRYTOWN
INTERNAL MEMORANDUM
To
From

ALL DEPARTMENT HEADS
Mayor Zegarelli

Subject

Article 78-Court Decision

Date 9/15/83

Attached for your information and review is a copy of Justice
Delaney's decision regarding Article 78-Court Decision centering around
the appointment powers of the Mayor.
You will note the conclusions of Justice Delaney pertaining, in
particular, Village Attorney, Mr. Ponzini. However, please note
commencing on page 2, subsection "Law" the specific paragraph as to
the appointing and appointment powers of the Mayor.

With this court

decision in mind, I wish to officially notify you that all appointments
of Village employees or officers whether full time or part-time must h
the appointment of the Mayor.

You will also note that the Mayor may

delegate this authority to others for specific positions. *
Since numerous .department heads routinely hire part-time individual
for normal work categories in the Village, please notify me in writing
the types of jobs that you require your specific latitude in hiring.
After due consideration and discussion, I am willing to delegate certai
specific hiring capacities to you in order to continue the smooth operat
of Village government.
If you have any questions, please feel free to contact me at your
convenience.
Att.

cc: Board of Trustees
Counsel Ponzini

�i- H
Tr i

w

ir n mil" iwwr:r~riTir f i-- '*7i'i

.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
In the Matter of the Application of
PHILIP E. ZEGARELLI, Mayor of the
Village of North Tarrytown, New York,
and ROBERT PONZINI, Village Attorney
of the Village of North Tarrytown,
New York,
Petitioners,

FILED .::••••:•
AND "* •'•

ENTERED

'

WESTCHESTER,'.
COUNTY CLERK '"

• '.!'.

INDEX NO. 7602/83.*
Motion Date 7/7/83
Cal. No. 78
• .•

•

*"

•

•».

For a Judgment Pursuant to CPLR
Article 78
-against'STEPHEN MACEYAK, VINCENT BUONANNO,
WILLIAM MC BRIDE , JOSEPH D. LOFARO,
and EMMANUEL LOBATO, as Trustees of
the Village of North Tarrytown,
New York, and JOHN TUCCIARONE, '

M,

Respondents.
DELANEY, J.

.. .
This is an Article 78 proceeding in the nature of .

mandamus.

The petitioners, Mayor of the Village of North

Tarrytown and .the Village Attorney, seek a judgment commanding
the respondent, Board of Trustees of North Tarrytown, to recognize
the petitioner's authority to appoint the Village Attorney.

The

respondent filed a cross-motion for judgment declaring that the

I? i 'I

office of Village Attorney has been abolished and the' office of
Village prosecutor, never existed or, having existed, has been
abolished.
FACTS
\ 1.

In March of 1983, the Village of North *Tarrytown conducted their mayoral elections.

The Republican mayor, Philip E.

Zegarelli, was re-elected but the political composition of trie
Village Board of Trustees changed.

s

•' t

"'

I C-

There are now five Democrat
!;*''

\i !•.:

*\i&amp;ti,£*

-%-

�RE:

In the Matter of the Application of
PHILIP E. ZEGARELLI V. MACEYAK et al
INDEX NO. 7602/83
PAGE 2

trustees who constitute a majority on the Village Board.

i

After the election, the new Board of Trustees held*
•

%

an organizational meeting on April 4, .1983. At this. meeting''.;
*

.

%

• .*•

the Mayor proposed the redesignation of Robert Ponzini as

Village Attorney and of John Tucciarone as Village Prosecutor. •

Neither attorney had been removed or resigned from his position.!'
The new Village Board declined to designate either Mr. Ponzini
or Mr. Tucciarone.

They then resolved to abolish the position

of Village Attorney and to contract counsel for "all future
legal services to be performed on behalf of the Village of North
Tarrytown...".
Subsequent to the Board of Trustees resolution the
•
*•

i

•

*_

*

*

Mayor instituted this Article 78 proceeding seeking to keep the
previously appointed Village Attorney and Village Prosecutor.
The Court was advised that on July 7, 1983, -Mr* Tucciarone resigned as Village Prosecutor. This occurrence moots all issues
with regard to the Village Prosecutor's position,
*

•

•

•

•

"

»

•

*

LAW
A Mayor's right to appoint Village employees is
clearly set forth in the New York Village Law S4-400(l)(c), whic
provides it shall be the responsibility of the Mayor;
M

To appoint all department and non-elected

officers and employees subject to the approval . ,,
of the Board of Trustees, however, the Mayor

�RE:

In the Matter of the Application of
PHILIP E. ZEGARELLI v. MACEYAK et a!
INDEX NO. 7602/83
PAGE 3
may delegate the power to appoint certain
employees to other village officers or
employees... M .
The legislature has left no ambiquity as to their

intention to vest in the mayor the power of appointment. The
Board of Trustees extent of involvement in. the appointment ;process is restricted to approval (or disapproval) of the appointee.^
and nothing beyond that.

%

*. '

*

:_ .-.'-.V

The powers of the Board of Trustees are 'defined '/n^

}\%

Village Law §4-412'and in no way indicate any authority to appoint j ^-j

i&gt;*

or remove Village employees. By contrast, there is an express,^,. .
grant of power to the mayor to appoint and an implied power to.', V;:
remove any appointee.

These powers were further enunciated in

the 1974 Attorney General Informal Opinion 204, which concluded:
" "The appointment of a village attorney is a

... - •;•.,.

mayor's appointment, subject only to approval

i"

by the board of trustees, but the village
mayor alone has the power to remove the village • •' . •
attorney and this power is not subject to consent or approval by the board of trustees."

..,',....
• ••

In the event that the mayor's appointee, who is an in^
cumbent, does not receive board approval for reappointment, as in j
the instant case1/ the incumbent will continue in office. This*

m

position was confirmed by a recent Attorney General decision which

f^^H^*'"

!,^**

l1

l«W

&gt;• i

�RE:

In the Matter of the Application of
PHILIP E. ZEGARELLI v. MACEYAK et al ,".
INDEX NO. 7602/83
PAGE 4

... •

* •

involved similar circumstances where the Board of Trustees
failed to confirm the appointment of the mayor.

In this case

the Attorney General found that an incumbent will "hold over
and continue to-discharge his duties until.his successor has
been chosen and qualified (Public Officers Law, §5).°

(1983

Atty. Gen. Inf. Opns. 31.)
It is the opinion of this Court- that the. Village'
Attorney of North Tarrytown should be "held over" in his present
position until a successor acceptable to the Mayor and the Board
of Trustees is duly appointed.
We must now address the issue of the propriety of theI
Village Board of Trustees resolution abolishing the office of I
the Village Attorney and contracting counsel for legal services!
needed by the Board of Trustees.

•

Village Law §4-412(1) outlines the general powers of,
•

the Board of Trustees.

•

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.

•

•

'

.

.

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•

•

•

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*

In this section, tjie Board of Trustees.,,

are given the right to "create or abolish by resolution offices.,
In addition to the express grant of authority by the legislature
to abolish offices, there is case law to support that premise,'.
Meaney v. City of New Rocheller 395 N.Y.S. 2d 209 (1977);
Switzer v. Sanitary District No. 7, 73 A.D. 2d 617 (1979); Matt
of Hiatt v. Bahoe, 59 A.D. 2d 652 U977).

£f the'action to.

abolish a job is done in good faith, the public employer has unchallenged authority to do so.

Absent evidence of an. improper

%

�/£/

RE:

In the Matter of the Application of
PHILIP E. ZEGARELLI V. MACEYAK et al
INDEX NO. 7602/83
PAGE 5

motive or result, there is no judicial or administrative
review of any abolition of a job.

In 1977 .the .Appellate

,. ,'•.

Division Court stated:
"Where the act of a municipality in
abolishing a position is accomplished

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;

in good faith and is not designed to

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cloak an illegal purpose or produce an
•

*

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illegal result, it will not be judicially *
disturbed.

Matter of Buffalo PBA, 56 A.D.

2d 732, app. denied, 42 N.Y. 2d 802 (1977).w
"Good faith" justification for job abolition is defined as
economy and efficiency. Matter of Aldazabel, 58 A.D. 2d 120
(1977); Matter of Wipfler v. Kelbes, 284 N.Y. 248 (1940); Matter
•

•, •

— — — — ,

of Westchester County CSEA v. Cimino, 58 AID. 2d 869, 396 N.Y.S.
2d 692, aff'd. 44 N.Y.. 2d 985; Matter of Devin v. Saver, 233 N.Y.
690 (1922); Vasquez v.' Water ford, 72 A.D. 883 (3rd Dept. 1979),
neither of which guidelines have been shown by respondents.

i

To determine whether the motive, of the Village Board I
•t

1

of Trustees was in good faith, we must examine the resolution;
Neither the official minutes of the Board meeting nor the reso- ;
lu^ion itself, reveal any concern for economic or efficiencyrelated problems as a basis for abolition.

The primary motivate

for the resolution is stated in the language of this part of the!
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resolution:
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�RE:

In the Matter of the Application of
PHILIP E. ZEGARELLI v. MACEYAK et al
INDEX NO, 7602/83
PAGE 6
"WHEREAS, a dispute has arisen as to the* . *
role of the Board of Trustees in selecting the attorney who will perform legal
services on behalf of the Village of North '
Tarrytown and who will act as Counsel to
the Board of Trustees of the Village of
North ^Tarrytown;
WHEREAS, an impasse has been reached in
the process of retaining an attorney to
perform legal services on behalf of the
Village of North Tarrytowh and to act as
Counsel to the Board of Trustees of the
Village*of North Tarrytown; and"
(Official Minutes of Village Board of Trustees,

April 4, 1983).
Further erosion of the good faith motive is uncovered
when the Board resolves not only to abolish the office of

i

Village Attorney but simultaneously resolves*to contract for
legal services needed thereafter.

Indeed, Trustee Lobato states

in the second paragraph of his affidavit that;"(t)his is essen;
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*
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tially a political. dispute." Trustee Lobato* also states in para
"

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graph 8 of his affidavit that it was his intention and his co- ,
trustees intention "to explore whether to improve the efficiency
of Village government by creating the Office of Village Corporat

�RE:

In the Matter of the Application of
PHILIP E. ZEGARELLI V. MACEYAK et al
INDEX NO. 7602/83
PAGE 7

Counsel, consolidating Village legal offices...".
added).

(Emphasis ;

But this is only an expressed intention to explore,•

by one trustee, the possibility of consolidation which provides
no basis in fa'cjt. to find a "good faith" reason to sanction
this abolition particularly in the absence of any mention on

If

the official record of economic efficiency concerns.
It is the opinion of this Court that the primary
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motive for abolition of the office, of the. Village Attorney was'
not for proper legally recognized good faith reasons.
CONCLUSION

-.

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The abolition by the respondent. Board of Trustees,

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was primarily motivated by political concerns and, therefore,
taken in bad faith under law and cannot stand.
that abolished the position is vacated.

The resolution

n

The incumbent Village

Attorney shall maintain his present duties until an agreed upon
successor is chosen by the Mayor and approved; by the Board of • •
Trustees.

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Petitioner's motion is granted.with respect to the

Village Attorney and his actions are deemed to be cloaked with; .'
the full power of the office.

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Respondents cross-motion -its .deilie'd

and dismissed.
ll

Dated:

August 30, 1983

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•&lt;i •

�RE:

TO:

In the Matter of the Application of
PHILIP E. ZEGARELLI V. MACEYAK et al
INDEX NO. 7602/83
PAGE 8

...

.

*. ..

ANDERSON, RUSSELL, ILL &amp; OLICK, P.C.,
Attorneys for Petitioners
666 Third Avenue
New York, New York 10017
BELKIN, NATALE &amp; OXMAN, ESQS.
Attorneys for Respondents, Maceyak, Buomanno,
McBridge, Lofaro &amp; Lobato
1523 Central Park Avenue
Yonkers, New York 10710
WALSH, MARONEY AND PONZINI, ESQS. '
Attorneys for Robert J. Ponzini
14 North Broadway
Tarry town. New York 10591
% \-

�/*S

TELEPHONE
RICHARD J. SPOTA
Chief of Police

k4) 6?1-0800

polite department
Wage of ^ottlj tlarrptoton, &amp; g. 10591
POLICE REPORT

AUGUST

1983

Total Number Charged by Police:
1. Summoned*
. . .,
2. Arrested
...............

880
245
Total

1125

Persons Charged with Crimes or Violations:
1. V&amp;T Moving V i o l a t i o n s
154
2. V&amp;T Non-Moving V i o l a t i o n s
.......
7
3.
P
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Larceny
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.
.
.
.
2
4.
11
5. Operating w i t h a Suspended or Revoked License
12
6. Possession of a Controlled Substance 7 t h .
7. Possession of a Hypodermic I n s t u r m e n t . . . . . . . . . . . . . .
4
8. Scoff law
..••••...•'
. ...
7
9. Disorderly Conduct.
,
D.W.I
.10
0. Unlawful Possession
of M a r i j u a n a . . . . ,
8
1. V i l l a g e Ord. - No Taxi Driver Permit,
2
2. Trespass
,
2
3. V i l l a g e Ord. - Open Container
,
5
4.
6
5. R e s i s t i n g A r r e s t ; .
6. Obstructing Governmental A d m i n i s t r a t i o n . . . . . . . . .
3
7. Harassment
2
8. Damage t o V i l l a g e Property - V i l l a g e O r d . . . . . . .
1
9. Leaving the Scene of a Personal Injury Accident,
2
0.
1. Possession of a Deadly Weapon
1
2. Robbery 3rd.
1
3. Criminal Possession of Stolen Property 3rd.....
Criminal Sale of a Controlled Substance 3rd...
14
1
4. Aggrivated Harassment,
Criminal Possession of a Controlled Substance 3rd.
8
1
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245

Total

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TELEPHONE

(914) frfl-0800

RICHARD J. SPO,
C***/ of Pol«,

polite department
Vfllage of ^ortlj Sfarrptotan, JL g . 10591
Parking Violations:
1, Metered Parking..
2. Other Parking Violations

••••

•
.".

• •... 224
656

Total
Investigations of
Investigations of
Investigations of
Aiding of Injured

Reported Felonies
Other Complaints...
Auto Accidents
at Accidents

.............

Police Aid to Sick Persons.
Ambulance Requests
Responding to Alarms
Escorts
Arrests on Warrents
•
Missing Persons.
D.O.A
.
Checking 43 Dark Houses..
Assistance Other Than Above

» . . ..
5
346
. 23
5

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880

Total

379
47
34
24
9
8
3
1
653
321

....
. .•
•

Total

Respectfully submitted.

C-^t^^O/
Richard „J. ^ppata
Chief of Polfce
/

/

1100

�BOND RESOLUTION, DATED SEPTEMBER 19, 1983,
AUTHORIZING THE ISSUANCE OF $185,000 SERIAL BONDS OF
THE VILLAGE OF NORTH TARRYTOWN, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE ACQUISITION OF A FIRE
APPARATUS/FOR THE VILLAGE AND APPROPRIATING THE PROCEEDS TO 'SUCH PURPOSE.
^

BE IT RESOLVED.by the Board of Trustees of the
Village of North Tarrytown, New York as follows:
Section 1.

The Board of Trustees shall issue its

t*

Serial Bonds of the aggregate principal amount of $185,000
pursuant to the Local Finance Law of New York, in order to
finance the specific object or purpose hereinafter described-. m
Section 2. The specific object or purpose (hereinafter referred to as "purpose") to be financed by the issuance of said bonds is the acquisition of a fire truck us'"?"*/
for use by the Village- The proceeds are hereby appropriated
to such purpose.
Section 3. The Board of Trustees has ascertained
and hereby states that .(a) the estimated maximum cost of
the fire trucMis $185,000; (b) no money has heretofore
been authorized to be applied to the payment of the cost
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of the purpose; (c) the Board of Trustees plans to finance

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TELEPHONE

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(914) frf 1-0800

RICHARD j.
Chief of Pdn

police department
Vfltege of J^ortfjflfarrptoton,J*, g*. 10591
?

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Parking Violations:
1. Metered Parking
2. Other Parking Violations.....

............... 224
'.
656
Total

Investigations of
Investigations of
Investigations of
Aiding of Injured

Reported Felonies
Other Complaints
Auto Accidents
at Accidents

. ••

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................ 346
....•••.
23
... 5
Total

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Police Aid to Sick Persons.....
Ambulance Requests
Responding to Alarms
Escorts
.
Arrests on Warrents
•
Missing Persons.
D.O.A
Checking 43 Dark Houses
.
Assistance Other Than Above

.

Respectfully submitted.

&lt;^C^L^y^//^
Richard _J. ^3ppt:a
Chief of Police

1r»

379
47
34
24
9
8
3
1
653
321

Total

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880

1100

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0&gt;

BOND RESOLUTION, DATED SEPTEMBER 19, 1983,
AUTHORIZING THE ISSUANCE OF $185,000 SERIAL BONDS OF
THE VILLAGE OF NORTH TARRYTOWN, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE ACQUISITION OF A FIRE
APPARATUS/FOR THE VILLAGE AND APPROPRIATING THE PROCEEDS TO'SUCH PURPOSE.
^.

!/

BE IT RESOLVED.by the Board of Trustees of the
i/i'

Village of North Tarrytown, New York as follows:

-1
Section 1.

The Board of Trustees shall issue its

Serial Bonds of the aggregate principal amount of $185,000

\'i\

pursuant to the Local Finance Law of New York, in order to
.finance the specific object or purpose hereinafter described.
Section 2.

The specific object or purpose (herein-

&lt;,*
5 '

after referred to as "purpose") to be financed by the issuance of said bonds is the acquisition of a fire truck us'*?"*/
for use by the Village. The proceeds are hereby appropriated
to such purpose.
Section 3. The Board of Trustees has ascertained
and hereby states that .(a) the estimated maximum cost of

.8'. i.i

the fire truckAis $185,000? (b) no money has heretofore
been authorized to be applied to the payment of the cost
of the purpose; (c) the Board of Trustees plans to finance

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�the purpose entirely from funds raised by the issuance of
obligations herein authorized.
Section 4.

It is hereby determined that the

purpose is an object or purpose described in Subdivision
27 of Paragraph a of Section 11.00 of said Local Finance
Law and that the period of probable usefulness of the purpose is five years.
fi

-\

Section 5.

Subject to the terms and conditions of

this resolution and the Local Finance Law, and pursuant to
the provisions of Sections 30.00, 50.00 to 60.00, inclusive
of said Law, the power to,authorize bond anticipation notes
in anticipation of the issuance of the Serial Bonds authorized by this resolution and the renewal of said notes and the
power to prescribe the terms, form and contents of said Serial
Bonds and said Bond Anticipation Notes, and the power to sell I
and deliver said Serial Bonds and any Bond Anticipation Notes (
issued in anticipation of the issuance of such bonds is hereby delegated to the Village Treasurer of said Village. The
Village Treasurer is hereby authorized to sign any Serial
Bonds issued pursuant to this resolution and any Bond
Anticipation Notes issued in anticipation of the issuance of
said Serial Bonds, and the Village Clerk is hereby authorized

�to affix the corporate seal of said Village to any of said
Serial Bonds or any Bond Anticipation Notes and to attest
such seal.

Each interest coupon representing interest pay-

able on such Serial Bonds shall be authenticated by the
facsimile signature of the Village Treasurer.
Section 6.

This resolution shall be published

in full by the Village Clerk of said Village, together with
a notice in substantially the form prescribed by Section
81.00 of* said Local Finance Law, and such publication shall
be in The Daily News, a newspaper having a general circulation
in said Village.

The validity of said Serial Bonds or of any

Bond Anticipation Notes issued in anticipation of the sale
of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which the
Village is not authorized to expend money, or the provisions
of law which should be complied with at the date of publication of this resolution are not substantially complied
with, and an action, suit or proceeding contesting such
validity, is commenced within twenty days after the date of
such publication; or if said obligations are authorized in
violation of the provisions of the Constitution of New
York.

...

�Section-7.

This resolution shall be effective

immediately upon its adoption.
Trustee
motion was adopted.
Timmings and Lobato

Maceyak

seconded the motion and the

Trustees Maceyak, Buoanno, McBride, Lofa
voting -for the affirmative,

and no one voting against it.

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NORTH TARRYTOWN, NEW YORK
September 12, 1983
A Special Meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
PRESENT

Philip E. Zegarelli, Mayor
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel Lobato,
Trustees
Robert J. Ponzini, Counsel

ABSENT

Stephen Maceyak,

Trustee

Mayor Zegarelli called the meeting to order at 8:00 P.M. and
announced that the only order of business would be the consideration
of a new fire apparatus for Rescue Hose Co. #1. Trustee Lofaro moved
seconded by Trustee Lobato that the apparatus proposal of Tyler Fire
Equipment for one new Pierce 1500 gallon pumper be approved at a bid
price of $162,566 less $5,000 trade in for the used Mack apparatus.
On the discussion a letter from the Fire Company (attached) recommending purchase of the Pierce apparatus was introduced. On the motion
Trustees Buonanno, McBride, Lofaro and Lobato voted yes. Trustee
Timmings and Mayor Zegarelli voted no. Motion carried.
Trustee Lofaro moved, seconded by Trustee Lobato that bid part II
for equipment to be installed on the new apparatus be awarded to AAA
Company of White Plains, N.Y. in the amount of $19,435.75. Carried
unanimously.
Trustee Lofaro moved, seconded by Trustee Lobato that bid bonds
be returned to unsuccessful bidders. Carried unanimously.
The Board was reminded that the bid had been accepted prior to
the time limit of the permissive referendum.
Motion to adjourn by Trustee Lobato seconded by Trustee
Buonanno. Carried.
Respectfully submitted,

" James J. Timmings
Acting Clerk

�H0

MEMBER:
VOLUNTEER &amp; EXEMPT FIREMEN'S BENEVOLENT ASSN OF NORTH TARRYTOWN
WESTCHESTER COUNTY VOLUNTEER FIREMEN'S ASSOCIATION

HUDSON VALLEY VOLUNTEER FIREMEN'S ASSOCIATE
FIREMEN'S ASSOCIATION, STATE OF NEW YORK

Itecue $Me Co., j£o. 1
Jfrrtfj 3focrptoton Jftre department
ORGANIZED

REGULAR MEETING
FIRST TUESDAY OF EACH MONTH

NOVEMBER

8.

NORTH TARRYTOWN. N . Y .

1887

lQ59t

~

• '.

September 9, 1983

Honorable Mayor and Board of Trustees:
Be it hereby resolved that at our regular monthly business meeting
held on September 6, 1983 the company voted unanimously to reaffirm
the Apparatus Committee's choice and supported the selection of a
Pierce Arrow fire apparatus.
We consider this make of apparatus to be the finest choice in meeting
the needs of our company and of the Village of North Tarrytown.
Respectfully submitted,

John D. Vydareny
Recording secretary

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NORTH TARRYTOWN, N.Y.
August 22, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown, N.Y. on the above date.
Present

James J. Timmings, Deputy Mayor
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
Emmanuel Lobato, Trustees
Robert J. Ponzini, Counsel

Absent

Philip E. Zegarelli, Mayor

Deputy Mayor Timmings called the meeting to order at 8:00 P.M.
with a prayer and salute to the flag and wanted the record to show
that Mayor Zegarelli was absent this evening because he was hospitalized.
Trustee Maceyak moved, seconded by Trustee Buonanno that the minutes
of the meeting held on July 11, 1983 be approved as written.
Carried.
Deputy Mayor Timmings asked if there was anyone present who would
like to address the Board may do so at this time.
Mrs. Alice Croke, 95 Beekman Avenue, stated that she, together with
tenants of the Van Tassel apartments are here this evening to oppose the
operation of the Strand Young Adult Club because of the noise and havoc
it creates.
She stated that tenants are kept awake all night because
of the music, vibrations and blaring radios. She suggested that the
Board consider a curfew because of the crowds congregating outside the
club.
She also stated that people are disco dancing in the middle of
Beekman Avenue.
Deputy Mayor Timmings stated that the Board discussed this problem
based on a police report, during a work session.
Trustee Buonanno moved to deviate from the normal order of business
so that a formal motion can be adopted to cover the subject, seconded by
Trustee Lobato.
Carried.
Trustee McBride outlined briefly police reports regarding the club
containing numerous complaints of youths gathering outside the club
after the hall is closed and causing disturbances.
Several reports
contained requests for aid from outside police departments and in some
instances, the K9 dogs were used.
Trustee McBride moved, seconded by Trustee Lobato that the following
resolution be adoDted:

�/ / /

NORTH TARRYTOWN, N.Y.
August 22, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown, N.Y. on the above date.
Present

James J. Timmings, Deputy Mayor
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
Emmanuel Lobato, Trustees
Robert J. Ponzini, Counsel

Absent

Philip E. Zegarelli, Mayor

Deputy Mayor Timmings called the meeting to order at 8:00 P.M.
with a prayer and salute to the flag and wanted the record to show
that Mayor Zegarelli was absent this evening because he was hospitalized.
Trustee Maceyak moved, seconded by Trustee Buonanno that the minutes
of the meeting held on July 11, 1983 be approved as written.
Carried.
Deputy Mayor Timmings asked if there was anyone present who would
like to address the Board may do so at this time.
Mrs. Alice Croke, 95 Beekman Avenue, stated that she, together with
tenants of the Van Tassel apartments are here this evening to oppose the
operation of the Strand Young Adult Club because of the noise and havoc
it creates.
She stated that tenants are kept awake all night because
of the music, vibrations and blaring radios. She suggested that the
Board consider a curfew because of the crowds congregating outside the
club.
She also stated that people are disco dancing in the middle of
Beekman Avenue.
Deputy Mayor Timmings stated that the Board discussed this problem
based on a police report, during a work session.
Trustee Buonanno moved to deviate from the normal order of business
so that a formal motion can be adopted to cover the subject, seconded by
Trustee Lobato.
Carried.
Trustee McBride outlined briefly police reports regarding the club
containing numerous complaints of youths gathering outside the club
after the hall is closed and causing disturbances.
Several reports
contained requests for aid from outside police departments and in some
instances, the K9 dogs were used.
Trustee McBride moved, seconded by Trustee Lobato that the following
resolution be adopted:

�-2WHEREAS on or about May 19, 1983, Unique Entertainment;, Inc. also 1:^
as the Strand Young Adult Club (hereinafter referred to as the appliCa
requested a license for the operation of a dance and entertainment
center at 80 Bcekman Avenue, North Tarrytown and*
WHEREAS the Village of North Tarrytown (hereinafter referred to as th
Village) is authorized by local law to regulate the operation of danc
in the Village of North Tarrytown by the issuance of permits and
WHEREAS said applicant made representations with respect to the operat
of said premises and
WHEREAS said representations included that the premises would be used
primarily by children for birthday parties and other early teen and pn
teen activities and
WHEREAS the Village authorized temporary permits permitting said dance!
with a strict proviso that all dances and entertainment be in strict
compliance x^ith all local, State and Federal law and in keeping with tl
peace and good order of the surrounding community and
WHEREAS the applicant embarked on an enterprise that was not consistent
with its original representation and
WHEREAS the Village after close monitoring by its police department an&lt;
all neighboring community was informed that the establishment had becon
an unruly premises where laws and the peace and good order of the
community were violated and
WHEREAS at a public meeting held on August 22, 1983, the applicant was
permitted to be heard and present evidence that would pursuade the Vill
not to reject any permits and
WHEREAS members of.the community were present who unanimously spoke
against the continuation of said dance permit and
WHEREAS the North Tarrytown Police Department opposed the continued
operation of the premises, now, therefore, be it
RESOLVED that: after due deliberation and upon providing an opportunity
to be heard to all interested parties any and all permits originally
issued or granted to the applicant are hereby revoked, terminated
and rescinded retroactive to August 14, 1983.
' - ~-

Mr. Herbert Posner, offices at 56 Clinton Street, Attorney for the
club, spoke with respect to the operation of the youth center. He stati
that the owner did spend a lot of money and understands the position of
the Village regarding unruly crowds. Crowds of this nature would congti
anywhere, said Mr. Posner. He stated that the Strand does provide aw
for the youth to go. Mr. Posner stated that Jthe operator should have '&lt;
hearing. His only violation was to stay open beyond*the limit.

�/&lt;Rd

-3-

Trustee McBride stated that marijuana was found and was asked by
Mr. Posner if charges were filed, and was answered that he did not know.
Mr. Posner stated that if someone walks in with marijuana, the
owner cannot search that person. It would be against the law, he said.
Deputy Mayor Timmings stated that from the time that the application
to use the hall for dance purposes or young adult club, members of the
j
Board made it very clear that they had reservations about the conditions; ;
He stated that members of the Board also made it clear that their concerns;
were the residents of the Village who live across the street. Your coming
in tonight is countered to all of the expressed concerns of the Board of
Trustees over the several months that the Strand has been opened as a
young adult club.
Even those who voted in favor of the permit did so
with reservations, he said.
He stated that during the early period of
the operation, the crowds were extremely small and complaints generated
were few and far between.
Trustee McBride stated that from the Village's standpoint and people
here tonight, the place has not worked out, both from the standpoint of
the noise and police blotter.
Directing his comment to Mr. Posner, Trustee McBride stated that
the permit will be rescinded tonight and you can take any stand you want.
Trustee Maceyak stated that in the beginning, he was one of the
supporters. He stated that he felt that everyone deserved a chance.
The Club has become unruly and there is no control. There is no leadership or supervision, said Trustee Maceyak.
Trustee Buonanno stated that he was also a strong supporter of the
club. They were given an opportunity, but they did not live up to their
expectations. He stated that the Board was advised by the owner that
the hall would be supervised. It was hoped that it would be a recreationa
facility, but it has not happened, said Trustee Buonanno.
Mrs. Margaret McClintock, 95 Beekman Avenue, stated that one night,
there were five cars double parked with Conn, plates. These are not our
people, she said. Information from the police department showed that
most attendees are from Yonkers, etc. It has not been a recreational
outlet for the youth of this Village, she said.
Trustee Maceyak stated that there were no complaints when the
building was a skating rink.
Mr. Thomas Carroll, 95 Beekman Avenue, stated that the Strand is
a public nuisance. He stated that he was awakened four times in one
night, which happened again the following week.
Deputy Mayor called for a vote and the motion was carried.
Trustee Maceyak moved that the Village Attorney search into the
legality of a curfew and report back to the Board, seconded by Trustee
Buonanno.

il;

�*

-4Trustee Lobato stated that the matter has not been discussed in a
work session.
Trustee Timmings stated that before any local law could be adopt
a public hearing would have to be held. A motion to start a study
of a curfew in the Village isn't something that will be decided upon
next month, he said.
!N

Trustee Lobato stated that we can decide the handling of each
business problem as they occur on a case by case basis.

riA

Trustee McBride stated that the legal possibilities should be
explained before entertaining the idea to go further.

,(

Trustee Lobato stated that once the ordinance is adopted, it deve
a blight of its own. We have developed local ordinances to which he
voted against, he said. If we followed the procedure of adopting
ordinances that aren't enforced, they will become a burden.
Trustee Buonanno stated that numerous complaints have been receive
before. The idea is excellent and should be researched, he said.
Miss Barbara Stevens, 95 Beekman Aivenue, stated that there is a
need for a curfew. If we cannot have the curfew, it should be patrolec
,n

^

Trustee Lobato stated that there are laws to protect children who
are not being supervised. He stated that he objected to setting the
machinery in motion by drafting an ordinance before we consider the
specifics of the communities needs.
Deputy Mayor Timmings polled the Board as follows:

i t

Trustee McBride
- Yes
Trustee Lobato - No
"
Buonanno - Yes
"
Maceyak - Yes
"
Lofaro
- No
Deputy Mayor Timmings voted "Yes" and declared the motion carried.

)' &amp; i

Trustee Maceyak moved to close the deviated part of the meeting,
seconded by Trustee Lobato.
Carried.
Deputy Mayor Timmings asked if there was anyone present who would
like to address the Board.
Miss Eva Piedemonte stated that she was concerned about the fact
the the Village is without an animal control officer. She stated that
she called police headquarters, but was told that she was no longer
employed.
She stated that Mt. Pleasant has someone coming in
two days per week, but is unsuccessful in alleviating the problem. Shi
inquired what the Board is doing about the problem.
Trustee Buonanno stated that he was unaware of Mrs. Eisler resign
He stated that he has not seen any letter of resignation or anything t
the contrary. He stated that she was questioning her hours being cut.
If she chose to resign, she should submit a letter, said Trustee Buonai

�/JL

t

^

-4Miss Piedemonte stated that the woman from the Town of Mt. Pleasant
has no control over animals and asked if the Village was going to do
something about removing the animals.
Trustee Lobato stated that the Board was not aware of the situation
and would try to work it out and get some coverage. With regard to the
situation with Mt. Pleasant, the matter will be taken up with the Town
Supervisor, said Trustee Lobato.
Mrs. Alice James, Pierson Avenue, inquired as to why Sally's hours
were reduced. There is a general feeling in the community that Sally's
taking the job as animal warden was about the best choice. She stated
that she always helped everyone when she wasn't employed in the building.
She stated that she does not see the logic of cutting back her hours.
Trustee Buonanno stated that he did not want to make any comments
in public, since this concerns a personnel matter.
At this time, Trustee Lofaro moved for a five minute recess, seconded]|
by Trustee Buonanno.
Carried.
Deputy Mayor Timmings stated that a meeting will be held with Mrs.
Eisler during a work session.
After a five minute recess, the Board continued the regular order
of business.
REPORTS OF COMMITTEES
PUBLIC WORKS
Trustee Maceyak gave the following report:

\%\

Replaced hydrant broken by an unknown motorist on College Avenue
and Valley Street.
Replaced broken section of 8" water main on Cortlandt Street.
Trustee Maceyak commended the departments and John Biros for a job
well-done. Service was returned in a minimal amount of time, he said.
Trustee Maceyak moved, seconded by Trustee Lobato that John Biros
be granted permission to attend the fall meeting of the N.Y. Section
American Water Works Association from Sept. 13-16th at Grossinger*s,
with expenses.
Carried.
Balance in water and sewer account as of August 22nd - $25,994.00.
Replaced sidewalks on Beekman Avenue, Barnhart Avenue and Clinton
and Depeyster Streets.
Constructed catch basin and piped across the road on Gory Brook Road.
The catch basin is to relieve trapped storm water.
Coffin Tree service is trimming trees along Beekman Avenue and New
Broadway, Rice and Tappan Avenues.
J.C. Perri is continuing on the catch basin program in the Manors
and Webber Park. About ten more to go.

�-6-

The Elm Street parking lot will be completed by the end of this
month with the exception of the sidewalk which is part of the Urban Cou
program.
.

In connection with the parking lot, Trustee Maceyak moved that a
fee of $15 per month be charged for parking and that the Village Attor
draft a suitable contract as was done for the Valley Street parking lot
seconded by Trustee Buonanno.
Deputy Mayor Timmings stated that people have expressed a concern
to have meters installed.

Trustee Maceyak stated that each space would be numbered. A
resident with three cars would be allowed one space for one car. A
permit will be one per family. The Clerk has been taking names for spa
Trustee Maceyak stated that the Village has another lot on Hudson
Street which will soon develop into another parking lot.
Motion carried.
The specifications for the $100,000 Urban County grant are ready.
We are presently waiting for a contract with the County. Sidewalks,
curb cuts for the handicapped will be included in the project.
Trustee Maceyak moved, seconded by Trustee Lofaro that the followi
resolution be adopted:
-

WHEREAS upon resolution of the Board of Trustees seven separate I
distinct charges were filed against Michael Smutek, an employee of thq
Village of North Tarrytown all pursuant to Section 75 of the Civil Sed
Law of the State of New York, and

WHEREAS the Honorable Dennis Fitzgerald, with offices at 49 Beekma
Avenue, North Tarrytown, N.Y. was appointed Hearing Officer on these
charges by resolution of the Board of Trustees dated June 13, 1983, ad

WHEREAS a hearing was held on July 21, 1983 on these charges befoi
the designated Hearing Officer, and

WHEREAS on August 1, 1983, said Hearing Officer rendered his find
of fact and recommendations for discipline and
WHEREAS a copy of those findings of fact and recommendations for
discipline were forwarded to the Mayor and Board of Trustees of the
Village of North Tarrytown, and
WHEREAS said Mayor and Board after due deliberation and a review
of said recommendations, charges and all relevant facts have reached
a decision to impose disciplinary measures upon the employee, Michael
Smutek, now, therefore, be it
RESOLVED that Michael Smutek be suspended, without pay, for a
period of forty-five (45) working days commencing on the day of his
return from his regular scheduled vacation and, be it further

�M

-?-

RESOLVED that said employee be demoted in grade to the position of
Sanitation Man, and be it further
RESOLVED that a copy of this resolution, the findings and fact and
recommendations of the Hearing Officer and the official record be filed
with the Westchester County Department of Personnel Service and the
Village Clerk and all pursuant to Civil Service Law of the State of
New York.
Carried.
Trustee Maceyak moved, seconded by Trustee Buonanno that the
following resolution be adopted:
WHEREAS James Rogalski was employed as a Sanitation Man with the
Village of North Tarrytown, and
WHEREAS pursuant to his employment contract with the Village of
North Tarrytown, he is provided the protections of the Civil Service
Law of the State of New York, and
WHEREAS on January 26, 1982, James Rogalski was injured while in
the employ of the Village of North Tarrytown, and
WHEREAS on June 22, 1983, pursuant to the direction of the Mayor
and Board of Trustees of the Village of North Tarrytown, said employee
was terminated pursuant to Section 73 of the Civil Service Law, and
WHEREAS at the request of said employee, a hearing was scheduled
on said termination for August 3, 1983 before the designated Hearing
Officer, the Honorable Dennis Fitzgerald, and
WHEREAS on August 3, 1983, prior to the commencement of said
hearing, a stipulation was entered by and between James Rogalski and
the Village of North Tarrytown providing that said employee will submit
to a one year leave of absence pursuant to Section 71 of the Civil Service
Law of the State of New York, now, therefore, be it
RESOLVED that James Rogalski's employment is terminated with the
Village of North Tarrytown, effective June 22, 1983, all pursuant to
Section 71 of the Civil Service Law of the State of New York, and be
it further
RESOLVED that a copy of said stipulation shall be filed with the
Village Clerk of the Village of North Tarrytown and the Westchester
County Department of Personnel.
Carried.
Trustee Maceyak moved, seconded by Trustee Lobato that the vacancy
of Sanitation Man be posted and interviews held.
Carried.
Trustee Maceyak moved, seconded by Trustee Lobato that the vacancy
of M.E.O. be posted and interviews held.
Carried.
POLICE &amp; LIGHT
Trustee McBride gave .the following report for the month of July:
(copy in detail official minutes)

�-8Trustee McBride stated that warrants are continuing to be issued
They are being serviced on people ignoring any kind of parking tickets
he said.
Renewals of licenses will have a definite effect on these
people, he said.
Trustee McBride stated that a public hearing was held at the las
meeting of the Board to consider General Motors request for No Parkin*
in front of its entrance on Beekman Avenue.
Trustee McBride moved, seconded by Trustee Lofaro that the follow:
be adopted:
The Board of Trustees of the Village of North Tarrytown at a
regular meeting assembled and after published notice and public hearh]
do hereby ordain and enact Local Law #3 of 1983 entitled "No Parking/
Loading Zone" which amends Section 57-18 - "Parking prohibited at
designated areas" of the General Code of the Village of North Tarrytowr
adding as follows:
P-A. Parking shall be prohibited, except for loading and unloadii
for all vehicles on the northerly side of Beekman Avenue commencing at
the northerly curb cut of the General Motors parking entrance and
proceeding in a westerly direction a distance of eighty (80) feet. Sm
area shall be marked with standard police signs and/or such other mark
deemed necessary and proper by the Chief of Police, indicating that sa
area is a No Parking Zone.
Such signs or markings shall indicate ttv
hours of the day during which these parking restrictions shall apply.

Any person, firm or corporation violating the terms of this propc
local law shall be punishable by a fine of $5.00 (Five Dollars) for ea3
and every offense. In addition, violators of this section shall be deej
to be disorderly persons and shall be punishable as such.
This Local Law shall become effective within the time prescribed
by law.
Deputy Mayor Timmings polled the Board as follows:
Trustee McBride - Yes
"
Buonanno - Abstain
M
Lofaro
- Yes
Deputy Mayor Timmings voted "Yes".

Trustee Lobato - Yes
"
Maceyak - Abstain|
Motion carried.

FINANCE &amp; REAL ESTATE
Trustee Buonanno reported a balance of $26,329.20 in the General
Fund as of August 22, 1983.
Trustee Buonanno moved, seconded by Trustee Lofaro that action of
the Treasurer in investing the following certificates of deposit with
the First National Bank of North Tarrytown be confirmed:

�/J 6

-9$700,000 for 30 days at 8% interest maturing on August 25, 1983;
$600,000 for 30 days at 8% interest maturing on August 30, 1983
$100,000 for 30 days at 8% interest maturing on Sept. 8th, 1983
Carried.
Trustee Buonanno stated that the auditing firm of Landry &amp; Singler
prepared and submitted audit reports of the General Fund and Water &amp;
Sewer which are available for inspection.
Trustee Buonanno stated that the department is in the process of
purchasing fire apparatus and moved for a permissive referendum in the
amount of $185,000 and that the Treasurer be authorized to take the
necessary action for funding, seconded by Trustee Maceyak.
Carried.
Trustee Buonanno stated that he met with the Administrator of
Tarrytown regarding the payment of bills in connection with the C.O.C.
He stated that we have allocated $10,000 for the following uses: ^
Electricity, fuel oil, building insurance, boiler insurance and sewer tax
Trustee Buonanno moved, seconded by Trustee Lofaro that the Board of
Trustees hereby appropriate an amount of money not to exceed $10,000 for
the purpose of reimbursing the C.O.C. for expenditures attributable to
the following: electricity (Con Ed), fuel oil, building insurance, boiler
insurance and sewer tax.
Carried.
LABOR RELATIONS
Trustee Lobato stated that on August 25th, Counsel and Trustee
McBride will be attending a hearing before the Public Employee Relations
Board in New York City in connection with the charge of unfair labor
practice against the Village which arose during police negotiations. He
stated that the Board will be advised of the results.
The committee will hold negotiations on September 9th and will meet
on August 24th in preparation of same.
Trustee Timmings suggested that the meeting be restricted to members
of the relations committee.
Trustee Lobato stated that various foremen from the highway,
sanitation and water and sewer departments have asked the committee to
meet with them to discuss having their own contract with the Village.
They deferred doing this because of the fact that it was thought that
they belonged to the former CSEA union and might be considered an
unfair labor practice.
Trustee Lobato moved, seconded by Trustee Lobato that the labor
relations committee be authorized to inform the highway, sanitation
and water and sewer foremen that the committee will meet with them to
discuss individual contracts of employment. .Carried.
Counsel stated that he had conferences with the Attorney for the
International Brotherhood Union and he stipulated that the foremen are
no parT of the union.
Motion carried.

�-10Trustee Lobato stated that on October 13th, North Tarrytown will
host the Village Officials meeting and the governmental relations
committee will coordinate it.
It will be discussed at a work sessior
on September 1st.
Trustee Timmings stated that he has been reading articles in Labo
Trends and noted important facts which he suggested be included in the
minutes.
(see attached)
RECREATION &amp; SENIOR CITIZENS
Trustee Maceyak gave the following report:
(see attached)
Trustee Maceyak moved, seconded by Trustee Lofaro that the follow
resolution be adopted:

WHEREAS, it is the intention of the Board of Trustees of the Villa
of North Tarrytown to establish an Athletic Field and Equipment Project

WHEREAS the Village of North Tarrytown is about to submit an
application for such a project to the New York State Youth Commission
for its approval, and if approved, to apply subsequently to the State o
New York for partial reimbursement of funds expended on said project,*
as provided by Chapter 556 of the Laws of 1945, as amended; now, ther-1
be it
I
RESOLVED that such application is in all respects approved and
Philip E. Zegarelli, Mayor, is hereby directed and authorized to duly
execute and to present said application to the New York State Youth
Commission for its' approval.
This resolution shall take effect immediately.

Carried.

Trustee Buonanno moved, seconded by Trustee Lofaro that $3,000
be transferred from Account A1990-Contingency to Recreation Account A71
seconded by Trustee Lofaro.
Carried.
Trustee Maceyak moved, seconded by Trustee Lobato that a $3,000
increase be granted to Patrick Lofaro, retroactive to June 1, 1983.

In making this motion, Trustee Maceyak stated that Mr. Lofaro
is one of the lowest underpaid supervisor in the County. He is between
5-6 thousand dollars below other recreation supervisors. He has done a
very good job and has brought recreation to what it is now.

Trustee Timmings stated that less than two years' ago, his committi
did a professional job evaluation of all employees and everyone is beii
paid within the same yardstick.
We will have to give consideration t
our other professional employees with the same level of phrase, he sai

Trustee McBride stated that the Board unanimously agreed that this
man is far below in the County pay scale. He agreed that every job tit
and pay be based on the merits of the case, a job we should address eve
year.

�/&lt;*?

-11Deputy Mayor Timmings stated that any other professional employee
doing a good job would have the right to come to this Board and have the
same percentage increase.
Motion carried.
SENIOR CITIZENS
Trustee Maceyak stated that flu shots will be administered to
senior citizens and moved that the Village sponsor the flu shots for
North Tarrytown seniors.
Trustee Maceyak stated that a letter of resignation was received fron
Gary Thomas, effective August 15, 1983, and moved that his resignation
as Maintenance Laborer be accepted with regret and that a certificate
be issued to him, seconded by Trustee Lobato.
Carried.
ADMINISTRATION
Trustee Buonanno stated that at the last meeting, the position of
the Building Inspector was temporarily filled by Ugo Checchi. Since an
agreement could not be reached at a work session, the Board will extend I
the appointment of Mr. Checchi through September at their current rate of j
pay.
I
Deputy Mayor Timmings stated that this was a Mayor's appointment.
'
He stated that without prejudice, Ugo is doing a good job, however, there *'
might be a potential conflict of interest and he would ask that in the
\
event there is any conflict between normal employment and
temporary &gt;
employment, he would disqualify himself.
\
Deputy Mayor Timmings moved to appoint Ugo Checchi, Acting Building J
Inspector, for a period of one month (to Sept. 19th) whereby action will *
be taken without prejudice to the legal case, seconded by Trustee Maceyakv
Carried.

i"
Trustee Buonanno stated that discussions have been held during work j,
sessions to upgrade the building for the handicapped. He stated that a |
meeting was held on July 23rd with Handi-Lift, Inc. for a chair lift and |
an estimate was received for preliminary work was $28,000. This does not f
include what the Village would need to do to make the lift workable.
J
It should be noted that because of the dollars involved, we would have
to go out to bid which would require an architect to prepare specificatiorf
A letter will be drafted to Senator Flynn requesting as to where funding
could be obtained for this project, said Trustee Buonanno.
Trustee Buonanno stated that during a tour of the firehouses at
the annual inspection, a request was made by Rescue Hose to install a
water feed above the fire apparatus to allow for quick fill of the tank.
This request has been completed, said Trustee Buonanno.
Trustee Buonanno moved, seconded by Trustee Maceyak that the Clerk
and Treasurer be granted permission to attend the Annual Training School
for Clerks and Fiscal Officers at Grossinger's Sept. 27-28 with expenses.
Carried.

;{,!'

11 Till?

�-12Trustee Buonanno noted the Merlin Avenue matter. He stated that
each member of the Board should have received a memo regarding it and
moved that the matter be referred to Ugo Checchi for a follow-up and
report back to the Board, seconded by Trustee Maceyak.
Deputy Mayor Timmings stated that we are only authorizing the
Building Inspector to obtain the necessary documents to inspect the
files and report back to the Board.
Motion carried.
FIRE
Trustee Lofaro reported that the committee met with the apparatus
committee of Rescue Hose Company and on their recommendation, moved
to extend the awarding of the bids for another 45 days commencing
July 29-Sept. 12th for acceptance, seconded by Trustee Buonanno. Carrii
Counsel stated that if we decide to accept any bids, we will have
a meeting sometime before September 12th.
Trustee Lofaro stated that a new fire alarm system has been extern
from Phelps Memorial Hospital to Bellwood Avenue by the maintainer of
alarms.
Trustee Lofaro moved that Union Hose Company be granted permissioi
to take its apparatus to So. Amboy for a parade on August 27th, secern'
by Trustee Maceyak.
Carried.
MAYOR'S REPORT;
Deputy Mayor Timmings noted a letter from Alan Beals, Executive
Director of National League of Cities, regarding Senate and House acti
on General Revenue Sharing.
The re-authorization bill is likely to
acted on by the Senate, said Mr. Beals in his letter.
Deputy Mayor Timmings noted a letter from Paul Wendelgass, Manage
N.Y.S. Energy Office, Albany, which will soon be announcing an import
new program to help low and moderate income New Yorkers to make energy
improvements in their homes.
Deputy Mayor Timmings noted a letter received from the Housing
Authority Director requesting that the Board review their salary sched
for approval.
Trustee Buonanno stated that in the past, we have asked them to i
the new salary and old salary.
Trustee Maceyak moved, seconded by Trustee Lofaro that the Clerk
contact the Director for their past and present salary schedules. Cart
Deputy Mayor Timmings read a letter from Tina Flower, Director o
the Italian-American Committee for the Tricentennial Celebration whic
will be held at Westchester Community College, requesting the use of &lt;
Village flag in their celebration on September 25th.
Trustee Maceyak moved, seconded by Trustee Lobato that permission
be granted for the Village flag to be displayed at the celebration wit

�&lt;&lt;a

-13the understanding that it will be returned afterwards.

Carried.

COMMUNICATIONS
Communication and petition containing 103 signatures of residents
from the Van Tassel apartments protesting the constant disturbance of
the peace in the area and the noise and ghetto-like atmosphere created
by the Young Adult Club when it is in operation and recommending the
adoption of a curfew was read.
Action was taken regarding the Club at the beginning of the meeting.
Communication from Patricia Pogue of the Unified Voices of Christ
of Tarrytown requesting permission to use Friendship Park for a picnic
on August 27th was read and on motion of Trustee Lofaro, seconded by
Trustee Maceyak that permission be granted.
Carried.
Communication from Curtis Heath, Chairman of the Conservation
Committee, regarding trees referred to the committee was read and referred
to Counsel, John Biros and highway committee.
Communication from Mrs. Frank Capozza, 460 Bellwood Avenue, regarding I
a dead tree in front of her property was read and referred to the public f
works committee.
Communication from J. A. Vallo, 15 Anderson Avenue, regarding an
infected tree was read and referred to public works and Environmental
Committee.
Communication from Katherine Krolicki, 16 Cedar Street, requesting
that the Clinton Street playground be closed because of repeated
destruction of her property by the children who congregate there.
The matter was referred to the recreation committee and commission
for a report to the Board.
Communication from Thad Bulaga, Sec'y. of the Eagles Club on North
Broadway, requesting that the Village notify Mr. Sam Vieira to clean up
the debris which he dumped on Eagle property when he renovated 8 Katrina
Avenue was read.
The matter was referred to the Building Inspector for a report.
Communication from Thomas Curtin, President of Rescue Hose Co.,
requesting permission to erect a banner across Beekman Avenue advertising
their Flea Market on September 17th was read.
Trustee Lofaro moved, seconded by Trustee Maceyak that permission
be granted.
Carried.
Communication from Raymond Hordell, Executive Director of the
Housing Authority, regarding smoke and stench eminating from the burning
of garbage at College Arms and requesting the practice be stopped was
read and referred to the building inspector and Fire Chief.
Communication from Michelle Cappello, regarding an experience she
had while driving home onqjevening when a group of people from the Strand
Club followed her home after banging on the trunk of her car and yelling
at her was read.

�-14The Board had taken action on the club previously.
Communication from Paul Vydareny, Recording Sec'y. of Rescue Hose
Company, informing the Board that at a meeting held on August 9th,
Richard Chulla was transferred from Union Hose to Rescue Hose company
was read.
Since the Counsel will not be meeting until September, the
company has taken the liberty of informing the Board of this action.
Trustee Lofaro moved, seconded by Trustee Maceyak that Richard
Chulla be placed on the active list, subject to approval of Fire Counci

Communication from Mr. &amp; Mrs. Stanley Baker, 38 Lawrence Avenue,
thanking the ambulance Corps and officers James Reddy and Mario Bizzan
for their quick response to administer oxygen to their father Mr. Steph
Szente was read.
Trustee Maceyak moved, seconded by Trustee Lofaro that a copy be
forwarded to the Ambulance Corps and copies placed in the officers'
folders.
Communication from Audrey Kuntz, 7 Farrington Avenue, requesting
that the Board reconsider the hours of Mrs. Eisler (Dog Control Officer
to 20 hours per week was read. She stated that Mrs. Eisler is wellprepared for her work and gives the Village far more than is required
in her job.
The matter was referred to the administration committee. Final
determination should be made by the next meeting.

Communication from Mrs. K. Goodwyn, 49 Merlin Avenue, speaking in
behalf of Sally Eisler, to the effect that she is a dedicated person an
that she be retained in her present position was read and referred to t
administration committee.
Communication from Mamie Boyd, 58 Hudson Street, requesting sidewa
repairs w a s read and referred to the public works committee.
Communication from Mr. &amp; Mrs. Edward Swaby, 12 Spruce Street,
regarding road conditions on Spruce Street and requesting repairs was
read and referred to the public works committee.

Communication from Rose Bonomo and Matilda Gruden, 29-31 and 35
Clinton Street, requesting sidewalk repairs was read and referred to th
public works committee.
Communication from Walter Silva, 17 Howard Street, requesting
sidewalk repairs was read and referred to the public works committee.

Communication from John Cullen, 15 Francis Street, requesting |
sidewalk repairs was read and referred to the public works committee.

�-15UNFINISHED BUSINESS
Trustee Buonanno inquired as to the status of making Cortlandt
Street two ways.
It was stated that Tarrytown will send us a report on the matter.
%. \

Trustee Maceyak moved to discuss this matter at the work session,
seconded by Trustee Lofaro.
Carried.
Trustee Buonanno moved, seconded by Trustee Maceyak that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated August 22nd!
1983 be paid after approval by department heads and that the Treasurer be
authorized to pay same and that a copy of this resolution be attached
to the warrants.
Carried.
There being no further business to come before the meeting,
Trustee Lobato moved, seconded by Trustee Maceyak that the same be
duly adjourned.
Carried.

fi
I

Respectfully submitted,

•h\\

Filomena Fallacaro
Clerk

k
Mi
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""'I,

*

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V,

�BOARD MEETING MINUTES
8/22/83
MAIN WORK COMPLETED IN PARKS:
Roof was repaired on Barnhart Park shelter.
Roof was repaired and replaced where needed on Doug] as Park shelter
Playground equipment was painted at Douglas Park.
New fencing and repairs to existing fence were made around
Andrews Lane tennis courts.
*Much thanks to John Biros and the Public Works Dept. for
their help in all the parks throughout the spring and summer.
RECREATION PROGRAMS:
The following programs were offered to Village residents
during the spring and summer.
TENNIS LESSONS: 8 residents participated in this program
held at the Andrews Lane Courts from early July to mid August.
WEIGHT LIFTING: Roy Colsey, weight Coach at SHHS, instructed
this program to teens 12-18 years old at the SHHS weight* room.
About 38 youths participated.
BASKETBALL: George Masters, varsity basketball coach at SHHS,
instructed this program to about 16 youths 12-18 years old.at
the W.I. Middle School.
FLAG FOOTBALL: Tom Moremile, SHHS football coach, instructed
this program to 35 teens ages 15-19.
]
WRESTLING: Brian Tompkins, SHHS wrestling coach, instructed
this program to about 14 boys ages 12-18. Basic and advanced
I
wrestling skills were covered.
T.V*. WORKSHOP: . 10 residents participated in this program at
McClean Cable and learned how to utilize the various video
equipment.
DAY CAMP: Once again, the Day Camp had a very successful
summer with a total of more than 160 children participating in
a variety of events. The children visited the Bronx Zoo,
Yorktown Museum, Rye beach for a nature hike, Sleepy Hollow
Restoration, Bruce Museum, and went Rollerskating. They also
went to the movies to see Return of the Jedi. The following is
a sample of the activities offered to the campers during the
six week period: Arts &amp; Crafts, gymnastics, kickball, soccer,
floor hockey, tennis, box lacrosse, punchball, flag football,
horseshoes, frisbee golf, tumbling, relay races, dodge ball,
hula hoop races, nature walks, bicycle rodeo, square dancing,
trips to the library, nature studies, and much, much, more.
TOT CAMP: The tot camp once again had a successful year,
with the addition of another room so that more residents could
take part in this program. A total of 54 youngsters between
the ages of 3 and 4 took part in games, block building, story
telling, music, imaginative play, arts &amp; crafts, nature walks,
trips to the library, movies, coordination exercise, and more.

�PAGE 2
BOARD MEETING MINUTES (CONT.)
8/22/83
MEN'S SOFTBALL: The North Tarrytown Men's Softball League
was completed this past Friday with Michael's Tavern II
defeating Tarry Inn for the league crown. Now it's time
to take on Tarrytown . . .
G.M. SOFTBALL LEAGUE: The G.M. Softball league was completed
Friday with the Skylarks winning the league crown.
3.

The North Tarrytown Officials defeated the Tarrytown
Officials by the score of 22 to 14 on Saturday, August
20 at Losee Park in Tarrytown.

4.

VANDALISM:
Barnhart Fence: A hole was cut in' it.
Memorial Ballfield: The backstop fence was cut and holes
were made.
Clinton Street Park: Broken bottles and graffitti were
found, and someone dumped 3 bags of garbage in the park.
ESTIMATED CLEAN UP AND DAMAGE EXPENSES: $700.

�/
^

2&amp;&amp;
TELEPHONE

(914)6^1-0800

^

S

^

RICHARD J. SPOJ
£**'«/ of Polia!

polite department
Village of Jtort!) GCarrptoton, JL §*. 10591
POLICE REPORT
T o t a l Number C h a r g e d b y P o l i c e :
1* A r r e s t e d * .
.. 2 • Summoned . . . . * . .
•
,

*'

;

' , 'v

JULY

1983

...••...
.....
122
• • • • » • • • • • • • • • » • • • • » • • • • • . . 595
, . ; - . , .

T o t a l •.

717

Persons Charged with Crimes or Violations:
'.
1 • V&amp;T Moving Violations....
............
. . • .. 68
2 • V&amp;T Non-Moving Violations
3
3 • Operating with a Suspended or Revoked ''License
l
4 • Soliciting without a Permit
5 • Possession of Gambling Records 2nd
•••••••••••.••.
6. D.W.I
7. D.W.I. (Felony)
.
8• Criminal Possession of a Controlled Substance 7th
9• Resisting Arrest•••...•••••
10. Assault 1st
11. Scoff law..
•
12« harassment
••••••
13. Disorderly Conduct
»•••
14. Grand Larceny 3rd
»
15. Unlawful Possession of Marijuana
...••..»......••••
16• Public Lewdness.»....••....
• *•-••»•••••••••.»••.••••...»•
17. Criminal Possession of -Stolen Property 2nd
18. Unauthorized Use of a Motor Vehicle. ••••
••••••»•••
19. Issuing Bad Checks
•••••
20. Village Ord. - Drinking in Public
•
21 • Forgery 1st
22 • Assault 3rd
»
••••
23• Obstructing Governmental Administration
•
•••»•
- Total
122

�/££

II

#
t &gt;• ill
TELEPHONE

t

H4) 6=) 1-0800

RICHARD J. SPOTA

Chief of Polk*

Jtoitte Bepartment

11 i; h.

M

Village ot Jtortfj Sarrptoton, JL §?. 10591
Parking Violatioms:
1. Metered Parking
2. Other Parking Violations

Investigations o f
I n v e s t i g a t i o n s of
Investigations of
Aiding of I n j u r e d

•
•••••••••

68
595

Total

663

Reported Felonies
•
...••.....
Other C o m p l a i n t s . . . . . . • • • • . . . • . . • •
Auto A c c i d e n t s
...••••••••...•.•..
a t Accidents
..••.........^.........

•Fo
Police Aid t o S i c k P e r s o n s
1

..
.

46
•Am ibulance R e q u e s t s
.•
37
WRe,
esponding t o Alarms
.*••.••.»
24
Escorts
•. . •
•
•.••.......•••...•••••
-'A
Arrests on W a r r a n t s . . . • • • • • . • • • • • • • • . • • . • • . • . • • • • • . • • • • . • • . . . • . •
10
Missing P e r s o n s • •
•••.•....••.•••••••..•.•..»•••..
4
fi
Checkingv57
D.
O .A.. • b S' Dark Houses
2
V
635

V^h^

Total

V/C

12
374
21
4
411

Total

l

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[iifj

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••'a,

]

%

;M

762

R e s p e c t f u l l y submitted,

Richard J . -Spota
Chief o f P o l i c e
i

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7/16
*

Absenteesism has long been a head ache and problem - both
for the automobile firms and the Auto Union. Its costly and
other workers must do work normally done by the absent employee.
To try to correct the problem, GM &amp; UAW, in last round talks,
agreed on a tougher procedure for dealing with chronically
absent workers. Chronic absentees-those away from work 20%
of the time over six months-have some benefits cut by the
same percentage as their controllable absences. Benefits that
can be reduced under the program include holiday, jury duty,
vacation, and bereavement pay. Similar reductions also can
be implemented, under the clause in a workers eligibility for
short work week benefits, profit sharing, SUB benefits, and
sickness and accident benefits. First information about how
program is working has just been released. About 10,000 of
GM and 319,000 US workers have had their benefits reduced. At
time program was ok'd, firm said it would save $600 million a year.|
Ohio public employees now have bargaining rights. The 500,000
workers also can now legally strike. Only public safety forces
are prohibited under the new law from striking. It is one of
the last industrial states to give its workers bargaining
rights and joins eight others in allowing public employees
to strike.
Workers at six southern mills of Int. Paper Company, members
of Paperworkers Union and Electrical Bros, have ok'd new 3
year pacts calling for annual pay boosts of 6-6.5%. Other
major provisions: a cent an hour increase in shift differential
pay, a fifth paid personal holiday and revision of the company
pension plan which will provide flat benefits based on service
rather than earnings.

7/23
*

*

7/30
*

8/6

Georgia Power employees, Electrical Bros, members ok'd pact
calling for immediate 6.25% pay boost and a wage reopener
in second year of the pact. In addition to pay hike arguement
calls for three weeks vacations in seventh year of employmenta year sooner than past. Firm pays 66% of health insurance
premium hikes.
Mediation is a better way to solve labor disputes, an experiment
showed, than compulsory arbitration. Coal mine grievances were
settled in an average of 13 days for $250 each, experiment
found, and for about 25% of the time and cost of the arbitration.
Except for workers who have granted concessions, pay demands
will be modest for the forseeable future. Prices have climbed
only 2.6% in the past 12 months-lowest rate in 15 years. CPLw
for June was 297.2 compared with 296.3 for May. The less used CPIrose to 298.1 from May's 297.1.
For planning we see at this time prices rising 3.75% this year
and approximately 57o next year.

I

Steelworkers at White Pine Copper Mine in Michigan walked out, after
rejecting company's request for wage, COLA and vacation give backs

�along with a 10 hour work day.
Northwestern Steel. Some 1800 employees - most of them now laid-offhave struck Northwestern Steel's Illinois mill. Steelworkers members
said wage concessions sought by firm were too much. Firm is threatening to close facility unless givebacks are granted.
An in depth look at the 1982 negotiating year.
When total pay boosts were measured over the life of the agreements,
the average annual increase was 3.67o in settlements negotiated last
year, compared with 719% in 1981, 7.1% in 1980 and 6.3% in 1979.
Nearly 66%, of workers covered by 1982 settlements have COLA clauses.
Agreements with COLA usually had smaller wage boosts than those
without.
1983 Contract Settlements. Pay hikes in pacts bargained in 1983
first half, BLS reported, were the lowest in past 15 years. Workers
won first year wage increases of only 0.9%, in first half of 1983.
Annual boost over the life of pacts signed in 1983 first half was
2.7%,. In contracts with COLA clauses, first year wage decrease
averaged 2.7% compared with wage increases of 3.8%, in those agreements without COLA.
About 257o of 1.2 million workers covered by contracts took wage cuts
and 20%, will receive no wage change over the duration of their
agreement.
The telephone and aerospace talks will set the pace later in year.
We believe pay settlements for remainder of year will average about
5%.
East Alco Aluminum. A five day strike against Eastalco Aluminum
Co. is over. Workers, members of Steelworkers Union, agreed to a
new three year pact which calls for wages to be frozen for the
duration of the new agreement. The workers also gave up four of
12 paid holidays each year. In addition, they will get time and a
quarter for overtime during the first two years, increasing to time
and a half during the final year of the contract.
The strike at the Equitable Gas Co. in Pittsburgh, which began more
than six months ago, is settled. Workers returned to work under
terms of their old agreement.

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SPECIAL MEETING

NORTH TARRYTOWN, NEW YORK
July 18th, 1983

A Special Meeting was held before the Board of Trustees of the Village
of North Tarrytown on the above date.
PRESENT

ABSENT

Philip E. Zegarelli, Mayor
Vincent Buonanno
William McBride
Joseph Lofaro
James Timmings
Emmanuel Lobato,

Trustees

Stephen Maceyak,

Trustee

,'5*1.-1* '

-ir&gt;;r Mayor Zegarelli called the meeting to order at 7:30 P.M. and stated
that the purpose of the meeting was to reinstate Glenn Amesbury as Chief
Engineer of the North Tarrytown Volunteer Fire Department.
Mayor Zegarelli read a letter dated July 12th, 1983 from the
Fire Council in which they stated that Chief Amesbury was reinstated as
Chief of the Fire Department effective immediately, and that his car #2311
and all equipment was returned to him.
Trustee Lofaro moved, seconded by Trustee Timmings that the
action of the Fire Council, in reinstating Chief Engineer Glenn
Amesbury be confirmed effective immediately.
Trustee Buonanno stated that he understood the Fire Council
had suspended Chief Amesbury as Chief and the Chief had turned over
the keys to the car, did not answer calls and had not been in the firehouse since the Council had suspended him. He was unsure why the Board
of Trustees had to act on the suspension and then again on the reinstatement.
Mayor Zegarelli stated that Chief Amesbury had acted on advice
of Counsel in returning keys and equipment, in order not to create
additional problems. He also stated that Chief Amesbury had been suspended
only as Chief of the Department and not as a member of the Fire Department.
He stated that the various companies had met on the matter last week and
unanimously had voted to lift the suspension and had so directed the Fire
Council.
After a discussion Mayor Zegarelli polled the Board as follows:
Trustee Buonanno
Trustee McBride
Trustee Lofaro

yes
yes
yes

Trustee Timmings
Trustee Lobato
Mayor Zegarelli

Mayor Zegarelli declared the motion carried.

yes
yes
yes

J

.

�"2Trustee Lofaro moved, seconded by Trustee Tiramings that Union
Hose Company be granted permission to take their apparatus to South Amboy
on August 13th, 1983 for a "WetDovm" and that Chief Ferguson be permitted
to take the Chief's car to South Amboy. Carried.
Trustee Timmings moved, seconded by Trustee Buonanno that there
being no further business to come before the meeting that same be duly
adjourned.
Carried.
Respectfully submitted,

Deputy Clerk

�VILLAGE OF NORTH TARRYTOWN

/n

FTRE APPARATUS, RESCUE HOSE #1 - BID OPENING - JULY 291 1983 - 4:00 P.M.
PART I (PUMPER)

PART II (EQUIP.)

PARTS I &amp; II

:l

23,239.45
Dri-Chem Extinguisher Corp.
P.O. Box 515- 705 North Barry Ave.
Mamaroneck, N.Y. 10543
(Certified Check for $2500 enclosed. Does not include #20, 21, 22, 24, 29 )
Pierce tTyler Fire Equipment)
P.O. Box 4099
Elmira, New York 14904

162,566
5jp00 trade i n
157,566

22,207
(Bid Bond enclosed)

Rockland F i r e Equipment C o . , I n c .
76-78 S. F r a n k l i n S t . Box 191
Nyack, N,Y. 10960
0
(Cert. Check for1460.92 enclosed*)

14,609.24

Fire-End &amp; Croker Corp.
7 Westchester Plaza
Elmsford, N.Y. 10523
(Cert. Checli f o r 1,749.63 enclosed)

17,496.30

Sanford F i r e Apparatus
Manlius Center Road
E. Syracuse, N.Y.
(Bid Bond Enclosed)

136,854.00
2jffl00 trade i n
134,854

with-3-competing

Continental F i r e T r u c k s , INC.
88 ElEt S t .
Hopinton, Mass. 01748

147,850
3,000 trade in
144,850

3-D Fire Apparatus, IWc.
Box 90 Route 2
Bonduel, Wisconsin 54107
(Bid Bond enclosed)

150,645
4,000 trade in
146,645

Hahn Fire Apparatus
Hamburg Pa.
(Bid Bond enclosed} 1

167,205
No Bid
163,513 progress paymenta
2,000 trade in

Mack Trucks
58-40 Borden Ave.
Maspeth, N.Y.
(Bid Bond enclosed)

149,650
6,000 trade in
143,650

I

A.A.A. Emergency Co.
637 North Broadway
White P l a i n s , N.Y. 10603
(Cert. Check for 1903*14 enclosed)
Peter Pirsch &amp; Sons Co.
Henosha, Wise. 53140
(Bid Bond enclosed)

151,401

730
Install as pertaining to pt. II(BiB:Boadnflofo27*S0eQ&gt;
20,500

171,045

17,870
1,000 installation
18,870

;s

A. 19,031.40(Scott 4.5 One hour
Pressure Pak only
B. 1 9 , 4 3 5 . 7 5 ( S c o t t 4 . 5 One hour
Pressure Pak WITH
AUTO SHUT OFF

139.230.00
$5,980.00 g g g g ^ a ^ g g g f t &amp; ^ f f i f f l

may be
\W'f%

n \i

Respectfully submitted,

Filcmena F a l l a c a r o
V i l l a g e Clerk

:t\

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                    <text>PUBLIC HEARING

^

NORTH TARRYTOWN, N.Y.
July 11th, 1983

A Regular Meeting of the Board of Trustees of the Village of North Tarrytown
was held on the above date, in the Courtroom on the first floor of the Village Hall.
PRESENT:

Philip E. Zegarelli, Mayor

ABSENT:

Stephen Maceyak
Vincent Buonanno
William McBride
Joseph Lafaro
James Tinraings
Trustees
Emmanuel Lobato, Trustee

ALSO PRESENT:

Robert Ponzini,

Counsel

Mayor Zegarelli called the meeting to order at 8 P.M. with a prayer and
salute to the flag.
Trustee Jfeceyak moved, seconded by Trustee Tinmings that the minutes of June 27th
1983 be approved as written. Carried
Mayor Zegarelli read the Public Notice calling for bids for One (1) 1500 G.P.M.
Pumper Cab Ahead of Engine Design with Five (5) Man Canopy Cab and Miscellaneous
Equipment for the Rescue Hose Fire Company #1 of North Tarrytown, New York in accordance with specifications on file.
Counsel Ponzini read a mail-gram from Mack Truck Company requesting an extension
of one week's time in order to enable them to finalize their bid on said truck.
Trustee MsBride asked if this was normal procedure?
Counsel Ponzini stated "no". He informed the Board that they had reserved the
right to reject all bids after opening the bids received but thought it unfair, and
bids could be returned unopened if the Board decides to readvertise.
Mayor Zegarelli asked for a recess to discuss whether to reject and readvertise
without opening the bids already received. He also stated that all bids would be
returned to those bidding "unopened", if requested, and they could be resubmitted if
so desired.
After a five minute recess the Board resumed the meeting.
Mayor Zegarelli announced that the Board had decided not to open any of the bids.
He also stated that if any of the bidders were present and wanted to take back their
bids they were welcome to do so. Several withdrew their bids.
Trustee lofaro moved, seconded by Trustee Tinmings that the Village readvertise
for bids for a new truck for Rescue Hose to be returnable on July 29th, 1983 at
4 m. Carried.
The Treasurer was instructed to lock up all remaining bids in the safe to be opened at the bid opening to be held on July 29th.
Mayor Zegarelli read the notice of hearing to consider the adoption of a special
assessment to provide for the payment of labor and materials for the installation of

/

�-2a public improvement known as Cold Water Meters - Displacement types (Magnetic Drive)
with encoder type remotes 5/8" - 2''size. The purpose of the public hearing will be
to permit the Village of North Tarrytown to impose a special assessment upon the
water bills of those residents and taxpayers who will be provided with this improvement in services.
Mayor Zegarelli asked if there was anyone present who would like to address the
Board on this subject.
Mr. James Donovan of 133 Hunter Avenue stated he was shocked to get a notice
that his meter was being replaced. He said a public hearing should have been held
before a final decision was made to install the meters. He stated that in the last
three years the meter in his home could not be read only three times and he felt that
the cost of three post cards did not warrent the cost of new meters, and he did not
feel that the new meters would benefit the homeowner. He felt that the letter sent
out sounded like a demand to put up or shut up.
Mr. John Carroll of 140 Hunter Avenue read the June 13th letter sent out by
the Water Department and asked various questions regarding the installation of
the meters and some prior public meeting would have been held to inform the residents
of the cost of meters. He asked if there were any other villages in the area who
had their-meters installed.
John Biros, Superintendent of Public Works reported that the Village of Ossining, City of Newburgh and the City of Poughkeepsie had recently had them installed
by the Central Insatllation Company and reported that the meters were being supplied
by Rockwell International through a local agent. There will be a $50.00 charge for
the meter and a $30.00 installation fee. Local residents will be charged $10.00
per quarter until the $80.00 fee is paid. He also reported that some of the meters
now in homes are very old and they under register and the village is 3osing quite
a lot of money each year. Many times meter readers have been unable to gain access
to read meters and the readings have to be estimated. The new meters will be put
into the same place as the old meters and a wire will be run to an outdoor remote
hookup where a meter reader can insert a special cassette tape which will record
the water usage. Meter readings will be accurate and fool proof.
I*

Trustee tfeceyak stated that the issue was brought up at the last four meetings
of the^ £oard and the meters should have been replaced years ago.
Trustee Timmings stated that most of the people paying for the meters will
probably gain a benefit in that they will be able to deduct the cost of the meters
on their income tax.
Constance Billharz, 467 Munroe Avenue stated she was very upset when she
received the letter stating that the meters would be assessed to her in the amount
of $80.00 and felt that a letter should have been sent to her asking for her
opinion before the Village contracted for the installation of the meters.
She also
did not like the way the matter was handled and that the village ougjht to pay for
the meters.
Raymond Avellino, Gory Brook Road asked who would be responsible if the water
line broke while they were changing the meters. He stated many of the lines in
the village are old and felt if they are disturbed it might create problems. He
also wanted to know if a licensed plumber was installing the meters.
Mr. Biros stated that if a pipe broke the Water Department would be responsible
and that the installers would be working for the Water Department and would not have
to be licensed.

�/o?#

-3Mr. John Joy, Riverside Drive asked if the old meter was his and if so he
would like a rebate. He had on various occasions had problems with his water line
and he was told the water meter belonged to him.
Mr. Biros stated that the meters would be traded in for the brass at a price
of $4.00 per meter, and that actually the residents only rented the meters. He also
stated that the village will be responsible for any damage.
Mr. Donovan inquired as to why it was not a budgeted item, if it was going
to benefit all taxpayers. He also asked if the meters were vandal proof and
tamper proof and what about those meters already located outside the houses.
Mr. Biros replied that those meters already outside would not be replaced.
There being no further comments regarding this subject Trustee tfeceyak moved,
seconded by Trustee Buonanno that the public hearing be closed. Carried.
Jfeyor Zegarelli read the public notice for a public hearing to be held to
amend Section 57-20G of the General Code of the Village of North Tarrytown prohibiting parking for all vehicles on the northerly side of Beekman Avenue commencing at a point 95 Feet from the southeast corner of Beekman Avenue and Hudson
Street and running westerly from said point a distance of 126 ft. Such area shall
be marked with standard police signs and/or such other markings deemed necessary
and proper by the Chief of Police, indicating that said area is a No Parking zone.
Jfeyor Zegarelli asked if there was
the Board.

anyone present who would like to address

Steve Serina owner of property located at 220 Beekman Avenue stated that he was
opposed to the change in the ordinance. Parking spaces were a a premium in the
area, and stated that the new amendment called for 150 feet in order to serve an
8 foot door in front of General Motors office, and a 17 foot stairwell plus 126
feet called for in the amendment.
Mb". Jack Powers an employee of General Motors stated that the purpose of
asking-] for the amendment was strictly a safety factor6
t."

Mr. Serina stated that the restrictions on parking should be between the hours
of 9 A.M. and 5 P.M. in order to allow the residents of the area to park when they
came home from work.
Mr. John Carroll asked what became of the "Parking Committee" and stated he
could not see taking all these parking spaces from the residents of the area.
Chris Jorgen a resident of 225 Beekman Avenue reported that he works nights
and he has difficulty finding a parking space when he comes home at night, and
stated that the General Mstors employees should be made to park in the G.M. parking
lot.
Mr. Donovan stated that if it was a safety factor the onus should be put on
General Mators and that the residents of Beekman Avenue be given consideration
and a cross walk could be painted making it safer to cross.
Mr. Serina stated that the area requested is too vast and that the employees of
General Mators lot could hold 200-300 more cars.
Mayor Zegarelli stated that all comments will be taken under consideration before

/

�-4the board acts.
Trustee Maceyak moved, seconded by Trustee Timmings that the public hearing
be closed. Carried.
Curtis Heath, Chairman of the Conservation Advisory Council reported that at
a recent meeting of the Council he was asked to appear before the Board and inform
the Board of matters that need to be taken care of;
Areas in the Village that need to be cleaned up, cans, rubbish and
various items. These areas are Sleepy Hollow Road where people are parking,
Riverside Drive near the Yellow Rocks, and the high school area. He would like
to know if there is any kind of village program that the young people could participate in.
Mayor Zegarelli stated that the Boy Scouts have programs and the Village
participates in a youth Employment Service in conjunction with the Village of
Tarrytown.
Trustee Maceyak stated that the portion of Sleepy Hollow Road under the
Route 117 is in the Town of Mt. Pleasant and that Riverside Drive presents a
problem and a dangerous situation which is under consideration. The Public Works
Department has hired summer help in cutting grass and shrubs throughout the Village
Mr. Heath stated that some of the trees recently planted by the Village do
not seem to be doing well. Trustee Maceyak stated that the Coffin Tree Company
will be contacted and they will be inspecting the trees.
Mr. Heath stated that the members of the Council have spent a considerable
amount of time and effort to prepare a 'Tree Ordinance" and the Village had
'
taken no action on the ordinance. He would like the Village Board to check the
status of the ordinance and discuss the adoption with the Council, and stated that
he had never received word from the Board about the adoption.
4£nnif er Dolan representing the Philipse Manor Improvement Association spoke
regarding the dangerous condition of the steps on Millard Avenue down to the railroad station.
Trustee Maceyak reported 1that the steps had been repaired but the height of
the risers were uneven and he /^contacted Solari Contractors and they were going
to redo the steps.
Mrs. Dolan reported that previously there were two vacant lots on Hunter Ave.
and recently they were sub-divided. They provided access for residents to Peabody
Field. Now residents have to go out onto Broadway (Route 9) to go to Peabody.
She requested that the Village look into the possibility of making a footpath along
the property on Broadway. Trustee Maceyak stated that he would check into the
matter.
Martin Ruane, 95 Beekman Avenue stated that the railroad crossing bridge over
the railroad tracks at Palmer Avenue is badly in need of repair, has been barricaded
and pedestrians have to walk in the roadway to cross the bridge. He asked whose
responsibility it was to maintain the bridge.
Mayor Zegarelli stated that no one accepts responsibility for the repair of
the bridge. He asked County Legislator Sandra Galef, who was present, to investigate
the county's responsibility in the matter.

�/A^

-5Eva Piedmonte, 304 Gordon Avenue reported she had received a copy of a letter
from Senator John Flynn that was sent to the Mayor and Board of Trustees in which
he stated that the Board should provide on a permanent basis accessability to all
meetings held by the Board of Trustees to handicapped and disabled persons. The
Village has been breaking the law regarding accessibility to Village buildings for
six years. She asked that a resolution be passed and the Village act on the letter
from Senator Flynn about what's going to be done.
Mayor Zegarelli stated that all members of the Board have copies of the letter from
Senator Flynn and the Board is looking into installing some type of device so that
everyone could be accomodated. He stated that all members of the Board have tried
to accomodate all persons and they have tried to live within the provisions of
the law.
James ^fergotta, Merlin Avenue stated that if the state or federal government
mandates they should provide the funds to pay for the cost of implementing the
mandates.
Trustee Buonanno stated they would take the matter up at the next work
session.
Ms. Piedmonte stated she was tired of hearing it referred to a work session
and stated that the law was passed in 1975 and the Village had time to conform to
the law.
Trustee lofaro reported that the building was built in 1939 and it was
difficult to adapt it to the law but the Board was looking into a chair type
device which would make the meeting accessible to all.
Mr. John Carroll stated that he had requested that the Village have a
"walking post" so that a policeman would be visible to the public.
Mr. Frank Rey spoke on behalf of his mother who is a resident of
12 Lawrence Avenue. He claimed that water was leaking from the upper floor
leaking* into his mother's apartment, the ceiling was falling down. He stated
it was ."a health hazard. The matter was referred to the building inspector.

REPORTS OF COMMITTEES
PUBLIC WORKS
Trustee Maceyak gave the following report:
Routine cleaning of sanitary sewers with reconditioned sewer jet throughout the Village.
The Village has received 452 new remote reading water meters for installation
in Zone 3 (The Manors). Central Installation is scheduled to start the installation of the meters tomorrow. Four men with a vehicle plainly marked and wearing
blue shirts with Central Installation printed on the front and back and will also
carry ^identification cards with their picture.
Trustee Maceyak moved, seconded by Trustee Buonanno that the Mayor be authorized to sign the contract for the installation of the water meters. Carried.
Trustee Maceyak moved, seconded by Trustee Buonanno that meters received be
paid for after the bond resolution is valid and the Treasurer borrows the funds.
Carried.

�I&amp;
-6Balance in the General R m d of the Water Department as of July 11, 1983
is $31,486.93
The Highway Department has replaced damaged sidewalk on Lawrence Avenue and
Hudson Terrace, cleaned up around the rest area at Margotta Courts playground and
replaced blacktop around tree, and reconstructed catch basins on Hudson Terrace.
Trustee Maceyak moved, seconded by Trustee Buonanno that Richard Maccabee be
transferred from Water &amp; Sewer Maintenance Man Grade II to Laborer in the Highway
Department effective June 24, 1983 at the prevailing wage for Laborer - $15,581
plus $100 longevity. Carried.
The Village has received inquiry from our Insurance Company which have been
answered as follows: Fire extinguishers from old garage will be recharged and
placed in new garage, area between the digestors will be sealed by a sheet of
plywood, old Village garage is locked and will be sealed as soon as the remainder
of the materials and equipment is moved down to the new garage, handrails for the
steps in the new garage will be provided, they were taken out of original contract
as a cost cutting measure, and Barnhart Park depressions have been filled.
• In response to OSHA inspection what is required to be in compliance is a
letter from the Mayor that the building is empty and locked securely and will
not be used in its present condition.
Trustee Maceyak reported that the Village has contracted with the school for
extra pickups conmencirig September 1st, 1983 at a cost of $7,000.00 said pickups
to be from two to four extra pickups per week.
POLICE &amp; LIGHT
Trustee McBride moved, seconded by Trustee Buonanno that Patrolman
Michael Ulacco be given permission to attend Strum Roger Armorer School in
New Hamshire on November 14th to 18th at a cost of $117.00 for motel and a school
at Remington Firearms in Ilion, N.Y. in ^pril 12th and 13th 1984 at a cost of
$58.00-for motel. Carried.

* $ • "

,4

-Trustee MsBride reported that there have been 27 arrests of scoff laws in the
Village and an additional 21 warrants have been sent out of town. Total amount
collected to date is $4,742.00. He stated that General Motors as a community
service made extra copies of Police Policy and Procedure Manual so that other
Police Department&amp;who do not have their own may use ours as a guide.

Trustee McBride reported that he had discussed the Strand Young Adult Club
with Chief Spota and it was their opinion that the club would create many problems
for the police and the Village and stated that similar clubs around the county have
histories of trouble, and he was not in favor of granting a three month extension a
requested. He reported that since its opening on Jfey 27th up to July 10th it has
been closed early or not open 26 of those nights. He reported that he did not
believe the Village has seen the true volume of the club.
Trustee Maceyak said it would not be fair to turn down the extension saying
the one month trial period did not give the Village the chance to judge the full
impact.
Mayor Zegarelli polled the board as follows:
Trustee Maceyak
Trustee McBride

yes
no

Hi

ILLBSS'I

» „ . * » * _ , •

.;,-,,^—•*"

�/U;

x

-7-v
Trustee Buonanno
Trustee Lofaro
Trustee Timmings
Trustee Lobato
Mayor Zegarelli

yes
yes
yes
absent

no

Mayor Zegarelli declared motion to extend permit. Carried.
Trustee M^Bride reported that the change requested allowing video games had
been implemented just a year ago to prevent installation of games within 200 feet
of a school and he was against changing the ordinance.
Trustee Lofaro moved, seconded by Trustee Maceyak that an amendment be passed
allowing up to three video games be installed in an establishment liJke the "Strand
Adult Club".
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak
yes
Trustee Buonanno
yes
Trustee McBride
no
Trustee LDfaro
yes
Trustee Timnings
no
Mayor Zegarelli
no
Trustee Lobato
absent
Mayor Zegarelli declared motion not carried.
Trustee Buonanno stated that at the time the ordinance was adopted the
building was not used as a Teen Club and the Board should modify its position so
that the building could be utilized. He stated that school children would not
be allowed in premises during school hours.
Trustee MsBride stated that he was in receipt of Police Reports for the
month qf June.
i

(see official minutes)

Mr. Sinnott, 95 Beekman Avenue requested a list of spots where the bus
shelters were to be installed.
FINANCE
Trustee Buonanno . reported •.
July 11th, 1983 of $456,997.24.

a cash balance in the General fund as of

Trustee Buonanno reported that the Treasurer had invested in a Certificate of
Deposit in the amount of $400,000. maturing on July 25th with the First National
Bank of North Tarrytown at 7%% interest and a Certificate of Deposit in the
amount of $800,000 at 8% maturing August 1st, 1983 and moved, seconded by Trustee
Turnings that action of the Treasurer be confirmed. Carried.
Trustee Buonanno stated that the Treasurer had reported that the firm of
Landry &amp; Singler will have completed their audit for fiscal year ending May 31,1983
and a report will be received by the next Board meeting.
Trustee Buonanno offered the following resolution

seconded by Trustee Maceyak:

/

�-8Whereas,Mr. Olick and Mr. Ponzini stated that Mr. Olick was representing
Mr. Ponzini, as well as Mr. Zegarelli, in this law suit and
Whereas, this Board has agreed to pay proper legal fees on behalf of
Mayor Zegarelli but has not agreed to pay such fees on behalf of Mr. Ponzini be
it resolved that Mr. Olick1 s services should be compensated at one-half of the
agreed hourly fee.
Mr. Ponzini asked if a bill had been presented by Mr. Olick on his behalf.
Mayor Zegarelli stated to his knowledge no bill had been presented by
Mr. Olick for legal services for *feyor Zegarelli and Mr. Ponzini.
Mr. Ponzini stated that it was presumptuous of Trustee Buonanno to offer such
a resolution as Mr. Olick did not submit a bill on his behalf, and that no bill
would be submitted by Mr. Olick on behalf of Mr. Ponzini.
Trustee Buonanno stated that the Village will be responsible for only 50%
of tfcr. Olick's bill.
After heated discussion Trustee Buonanno stated there was a motion on the
floor and requested that Mayor Zegarelli poll the board. Mayor Zegarelli stated
that he does not recognize the motion.
Trustee Tinroings stated that Mr. Ponzini was entitled to legal protection as
other members in the Village employ are.
Trustee Buonanno started to poll the Board:
Trustee
Trustee
Trustee
Trustee
Trustee

Maceyak
Buonanno
McBride
Lofaro
Tininings

yes
yes
yes
yes
no

•

M&amp;tion passed. Ifeyor again declared he did not recognize the motion and
therefore did not consider it passed.
Mayor Zegarelli reported a bill had been received from Marshall Belkin in the
amount of $1,948 for legal services and stated that no official resolution had been
passed appointing Mr. Belkin attorney of record for the Democrats.
Mr. Ponzini again stated that he has not asked the Village to pay his legal fee
nor has a bill been submitted.
Tax Exempt
Trustee Tiimrings stated that
property and that North Tarrytown
value of exempt property in North
He stated that the Village is not
Village.

he had the State Auditor's Annual Report re-exanpt
has a value of $19,000. per person and that the
Tarrytown is killing the taxpayers of the Village,
in a position to fund all project requested by the

Labor Relations
Trustee McBride reported in the absence of Trustee Lobato that the Police
negotiations were at a standstill and the next step was a hearing before a mediator

�/ - * /

-9A letter had been received on July 8th from Lusyk-Cohan attorney for Local 457Teamsters requesting a meeting by July l£th. He reported that Trustee lobato will
schedule a meeting when he returns from vacation.
Mayor Zegarelli stated that a letter had been received from Perb appointing
Paul Kell as Arbitrator in the negotiation between the North Tarrytown PBA and the
Village.
Trustee Timmings moved, seconded by Trustee Buonanno that Mr. Kell's appointment be confirmed. Carried.
Trustee Tinmings gave the following report regarding a study covering 2 L 5
million workers in companies employing 300-250 workers.
(see official minutes)
79 GDILEGE AVENUE

'

Trustee Tinmings moved, seconded by Trustee Buonanno that a meeting of the
Board of Directors of ~B College Avenue Housing Development Corp. be held after
the close of the Board meeting. Carried.
RECREATION kPARKS
Trustee Maceyak gave the following recreation and parks report:
Day and Tot camps have started with some 200 children enrolled and participating in arts and crafts, sports, karate, square dancing, field trips, movies
and much much more.
This week's concert will be a Dixieland Band Concert starting at 7 P.M. at the
torse School blacktop on Wednesday, July 13th. Last week's concert was held and
approximately 110 residents attended.
*

Hie Men's softball league is in its third round with Michael's Tavern II
leading the pack with a 11 to 1 record.
The Home Run Derby and the Tarrytown/North Tarrytown Men's All Star game
will be held on Saturday, July 23rd at 6 P.M. The derby will be held for the
benefit of Rosary Hill Nursing Home and will start at 6 P.M. with the All Star
game following at 7:3) P.M.
There has been an increase in vandalism at Barnhart Park with the benches
being pulled out of the ground, the basketball backboard and other equipment was
spray painted.
AEMENISTRATION;
Trustee Buonanno reported the resignation of the Building Inspector and
stated that the Board had agreed to hire Ugo Checchi as Building Inspector at a
rate of $10.00 per hour until they could hire someone permanently.
Trustee Buonanno reported that the "sidewalk doors" at Rescue Hose was badly
in need of repair, replacment, and moved, seconded by Trustee Maceyak that an "exit"
be purchased at a cost of $1,000. to be installed by Village personnel. Carried.
Trustee Buonanno moved, seconded by Trustee McBride that an evaluation be made
of Village insurance policies at cost of $50.00 per hour not to exceed $300.'Carried.

�-10-

Mayor Zegarelli asked if the entire Board will be allowed at the interviews.
Trustee Buonanno replied yes.
Trustee Buonanno stated that the coranittee was considering the raising of fees
for all licenses and permits.
Trustee Buonanno stated that he understood Mr. Tucciarone had decided to resign and the Village is without a Village Prosecutor.
Trustee Buonanno moved, seconded by Trustee Maceyak that Janet Gandolfo be
appointed Village Prosecutor to prosecute the Merlin Avenue situation and
\l Lawrence Avenue case at a fee of $5.00 per hour.
Mayor Zegarelli retorted that he did not recognize the motion, that the
Village Attorney would handle outstanding items and it had been agreed previously
that Mr. Ponzini would, on an interim basis act as Village Prosecutor, the same
as Mr. Checchi and asked that Trustee Buonanno read the restraining order regarding
the Village Attorney and Village Prosecutor. He also stated that the members of
the Board were trying to circumvent the law.
Trustee Buonanno replied that in 19 78 he ran against Ms. Gandolfo and she
beat him and he accepted same and he continued to outline his objection to
Mr. Ponzini being Village Prosecutor.
Mayor Zegarelli kept repeating he does not recognize the motion in any way,
shape or form as it was illegal to appoint a prosecutor while litigation was
pending and will not call for a vote.
Trustee Buonanno continued to call for a vote and instructed the Acting
Clerk to record the vote as polled:
The clerk recorded Trustees Buonanno, McBride, Lofaro and Maceyak voting
yes and no one else voting.
*

l^fyor Zegarelli stated that Mr. Tucciarone had turned over all the files
and tRey were secure in the vault where they would be kept pending court litigation
Mr. Ponzini stated that the members of the Board would be breaking the law
and the Chair appealed to the Board to accept the Village attorney's opinion.
Mayor Zegarelli moved, seconded by Trustee Tiirmings that Mr. Ponzini be
appointed as Village Prosecutor.
After a discussion ^ y o r Zegarelli polled the Board as follows:
Trustee Maceyak
Trustee Buonanno
Trustee McBride
Trustee Lofaro
Trustee Timmings
Mayor Zegarelli

no
no
no
no
yes
yes

Motion fails to carry.

Trustee Buonanno moved, seconded by Trustee Lofaro that the Board vote on the
contracting of Janet Gandolfo to handle the litigation of Merlin Avenue at a fee of
$55.00 per hour. Mayor Zegarelli stated that he does not recognize the motion and

�'ir

-uwill not call for a vote.
Trustee Buonanno moved, seconded by Trustee Maceyak that Attorney Gandolfo
be appointed Village Prosecutor to prosecute the 21 Beekman Avenue case at a fee
of $55.00 per hour.
Mayor Zegarelli stated he does not recognize the motion.
Trustee Buonanno instructed the acting clerk to record the vote as follows:
Trustee
Trustee
Trustee
Trustee

Maceyak
Buonanno
McBride
Lofaro

yes
yes
yes
yes

No one else voted and Mayor Zegarelli again stated that he does not recognize the motion and therefore it does not pass.
Trustee Buonanno retorted that Mayor Zegarelli was running the meeting in
a dictatorial fashion.
FIRE
Trustee Lofaro reported that he had received a letter from the Board of
Fire Wardens stating that a Special Meeting of the Fire Council of the North
Tarrytown Fire Department held on June 28, 1983 the Council suspended Chief
Glenn Amesbury for thirty (30) days and put him on probation for the rest of his
term, this action was to become effective July 1st, 1983 until July 30th, 1983.
Mayor Zegarelli stated that the suspension does not take effect until the
Board acts, therefore the suspension is not in effect until the Board votes on
it.
Robert Pierce, Attorney for Chief Amesbury informed the Village Board the
hearing on the charges against Amesbury could be described as deficient in many
areas,,*no evidence was introduced, he was never furnished a copy of the charges
or the? decision and Fire Council had failed to respond to requests for information.
He stated that he wanted: to vindicate and restore his reputation in the comnunity.
He stated that the Chief was tried and fpund guilty even before the hearing. He
understood that one of the companies had met and had voted to direct their wardens
to rescind the suspension. He felt that the Board of Trustees should await the
results of a special meeting to be held by the Board of Fire Council to be held
the following night.
Mayor Zegarelli read portions of the New York State Law regarding various
sections of the law which pertained to suspension of Fire Chief and stated that
no suspension takes effect until Board of Trustees approves it.
Trustee Lofaro stated that the Village Boards have been automatically confirming action of the Fire Wardens for fifty years and they should continue to
do so.
Mayor Zegarelli stated that he will not be a party to this suspension or
case.
Trustee Buonanno stated in the past the Board has adopted wardens recommendations and that the Board should not actively get involved with the
politics of the Fire Department and should concur with the Wardens recommendation.

�-12-

Robert King, Captain of Columbia Hose Fire Comapny stated that the various
companies are meeting tomorrow evening and it appears that most of them will vote
to remove suspension, and it was unfair of the Board to vote before his appeal.
Mr. Pierce pleaded with the Board to think twice about the seriousness of
these issues.
Dominick Gagliardi, Bedford Road stated that the various companies can direct
their wardens how to vote but the wardens can vote anyway they like.
Carmen Capossela, Rice Avenue stated that when a man joins the fire company
a letter is sent by the Fire Council to the Board of Trustees and only then,
after approval by the Village Board of Trustees, does he become a fireman.
Trustee Lofaro moved, seconded by Trustee Buonanno that action of the Fire
Wardens in suspending Chief Glenn Amesbury be confirmed.
Mayor Zegarelli called for a vote as follows:
Trustee Maceyak
Trustee McBride
Trustee Buonanno
Trustee Lofaro
Trustee Timmings
Trustee Lobato
Mayor Zegarelli

yes
yes
yes
yes
no
absent

no

MDtion carried.
Mayor Zegarelli stated that the amendment to Section 57-20G of the General
Code of the Village of North Tarrytown will be discussed at the work session on
July 20th.
Trustee Buonanno moved, seconded by Trustee Maceyak that the following
resolution be adopted:
WHEREAS, the Village of North Tarrytown (hereinafter referred to as
the "Village") has entered into a Franchise Agreement for cable television
services with McLean Cable Associates (hereinafter referred to as "McLean"), and
WHEREAS, McLean desires to transfer its cable television franchise
rigjhts to American Cablesysterns of New York, Inc. (hereinafter referred to as
"American"), and
WHEREAS, both the Franchise Agreement and the governing legislation
of the State of New York require the consent of the Village before this transfer
is permitted,
NOW, THEREFORE, BE IT RESOLVED, that the Village grants permission to McLean
to transfer its cable television franchise rights to American subject to the
following conditions:
A. That American assume all the rights, duties, obligations and responsabilities of McLean contained in their Franchise Agreement with the Village;
B. lhat American convenants and represents, that on approval of this transfer
that it will provide comprehensive public access broadcasting during prime-time
hours on a regularly scheduled basis for all residentspf the Village of North

�&lt;£o

-13Tarrytown; and
C. That a copy of this Resolution will be delivered to the New York State
Commission on Cable Television and that final approval of the franchise transfer
will be returned to the Village. Carried.
Trustee Tinmings stated that the American Cablesystem, Inc. be made aware of
the agreement regarding public access broadcasting'during prime time and that they
would continue to allow this privilege.
Mayor Zegarelli reported that a meeting will be held in White Plains on
July 14th at 2 P.M. with Urban County. Mr. Biros Volunteered to attend.
Mayor Zegarelli reported that he had received letters from Dr. E. Nigro of
the Emergency Staff of Phelps Memorial Hospital commending Officers Keddy and
Bizzarro for their action in a recent stabbing. Mayor Zegarelli ordered copies
of the letter placed in their file.
Mayor Zegarelli reported that the Board had received a letter from Carl Falcone,
Assistant District Attorney regarding a letter from the Bureau for Mjnicipal Police
dated June 28th, 1983 and ordered the letter placed on file.
ft&amp;yor Zegarelli stated that Victor Page had resigned as Building Inspector and
at a previous work session he had agreed to appoint, without prejudice to pending
court case, Mr. Ugo Checchi temporary, interim building inspector, for one month,
until the next board meeting at a wage of $10.00 per hour.
Trustee Lofaro moved,seconded by Trustee Buonanno that Mr. Checchi be appointed part-time temporary, interim Building Inspector for one month at a rate of
$10.00 per hour. Carried.
COMMUNICATIONS
Communication from American LaFrance Company of Elmira, New York stating
they are not submitting a bid on the Fire Apparatus was read and placed on file.
Communication from Steven Salman, 3 Lakeview Avenue, North Tarrytown, regarding storm sewer grating in the north-east corner of Hemlock Avenue and Lakeview Avenue being defective was read and Trustee Maceyak reported the problem had
been taken care of.
Communication from Walter Ceconi, 120 New Broadway, regarding trimming of
trees in front of his property was read and referred to Street Department.
Communication from Ann Dunn of 22 Pine Street commending the Street Department
for the excellent job of replacing the sidewalk in front of her home, was read and
placed on file.
UNFINISHED BUSINESS
Trustee Buonanno stated that he had received inquiries regarding Davis Place
which apparently adjoins Solari property. After a discussion the matter was
referred to a work session.
Trustee Tinmings moved, seconded by Trustee Maceyak that Dennis Fitzgerald
be appointed Hearing Officer at the hearing scheduled for James Rogalski and
Michael Smutek at the designated fee. Carried.

I

�-14Mayor Zegarelli reported that the Planning Board had met and approved the
Rockefeller apportionment, that all necessary steps had been taken and stated that
he would forward all future information to the Board as he receives it. It is of
such importance to the Village that it warrants close study by all members of the
Board and he stated they would meet at the work session of July 20th with the Planning Board on the matter.
Trustee Buonanno moved, seconded by Trustee Lofaro that the bills submitted
on the General Fund and Water &amp; Sewer warrants dated July 11th, 1983 with the
addition of bills submitted this evening by Robert Ponzini and tfershall Belnik be
paid after approval by department heads and that the Treasurer be authorized to
pay same and that a copy of this resolution be attached to the warrants. Carried.
Mr. Frank Rey asked if there was a list of insurance policies held by the
Village available to me for study. He was instructed to contact the Village Treas.
at
her office the next day.
There being no further business to come before the meeting, Trustee Buonanno
moved, seconded by Trustee Maceyak that the same be duly adjourned. Carried.

Respectfully submitted,
Irene Anato,
Deputy Clerk

V
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�-T

TELEPHONE
RICHARD J. SPOTA
Chief of Polict

914) 6} I-0800

police department
Village of JJortl) {Earrptoton, §)» g . 10591
POLICE REBDRT

JUNE

1983

total Number Charged "by P o l i c e :

J 113

1, Arrested......0....*»..o»#

946

2, S u m m o n e d . . . . . . . . . . . . 0 © . . © .
Total

1059

Persons Charged with Crimes or V i o l a t i o n s :
1. V&amp;f Moving V i o l a t i o n s .
...o..
2, V&amp;D Non-Moving V i o l a t i o n s
&lt;&gt;.'
3, Operating with a Suspended or Revoked L i c e n s e . . . . • • © • • . . . . . . . .
4. Disorderly Conduct.
.••.••••.••.
% Harassment.•••••••••o.•••••••••••••••••••••••.••.•••••••••••••
60 Village Ord. Drinking i n Public
»
7o Violation of a Family Court Order of P r o t e c t i o n . . . . . •••••.,•••©
8. Resisting A r r e s t . . . . . • • • • • • • • • . . . . • • •
*•
•
••
9. D . w . l . . 0 # # . . . #
........©
o
e#00

52
2
3
8
3
4T!
3
7

10. Menacing............©..........•.......•.••.•.•....»..........

1

11. flcnffi w ,

t

, , „ , . „ „

^ • . . . ^ ^ o

19

12. Aggrivated Harassment....*.^..... • • « * * • • —
***..*..••*••••..••
1
1% Reckless Driving..'
«...*•.•.••• •*
... 1
14. T r e s p a s s . . . ^ . . ^ . . . . . . . . . . . . . . c . • • • • « • • • • • • • • • • • • • • ^ • • • • • ^ • • • • ^ ^ »
2
1% Driving with A b i l i t y Impaired............-.»...»»•»..» &gt; ^-..............V
1
io» uriTQxnajL Mxschx ex ..^..r.,....^...... «..*«.«&lt;&gt;^«.«.....&lt;«».•».«««*•«•»*.-«•...»»&gt;.&gt;.&gt;«
•
17. Assault 3 r d . . . . ^ . . •
•••••••.•©
1
18. Unlawful Possession of Marijuana.».............^».-....*..^-.»...».
.-..
1
Total
113
19c Family Court Warrant• • • • . . . 1 . . . . . . . , . . . * • • • • • • • . . ••**•«&gt;• ».-..*«•*
20e Dog Ord. Viols....»U&gt;•....••...«.*..•*-.••«.••••

' /»
^ 1 I

�\2&lt;

TELEPHONE
RICHARD J. SPOI

(914) 6*1-0800

Chief

of Poltct

police Department
Village of i^ortf) ©arrptoton, J5L § . 10591
Parking Violations:
1* Metered Parking**©****©**** • • • • * •
2© Other Parking Violations*©©

*&gt;o • • • • • •

o*-c&gt; o • • • « • • • •

••* • • • •&lt;• •&gt;•&gt;••• • 2 2 9
* " » • * - » • O •&gt;•• * O © • '

/

Total

17

946

Investigations of Reported Felonies*••0*0 *•*•&lt;© • *-*••• • * • • • © • • &lt; • * • » • • • • **•*&lt; 6
Investigations of Other Complaints* ••©o**!*^.*,** *.*'•.•.••.•.•.•.•
571
Investigations of Auto Accidents©©*.©*©** • o«© *»••*•*•*•*•* • « • • o ••• • *•* • • • o • o 39
Aiding of Injured at Accidents* * * *0(&gt;-»^»&lt;^&gt;»».cl»,*l»l».» &gt;»»•»»«»»»»&gt; * * *, 3
'••••*•*•*»*•••»*&gt;*

Total

419

Police Aid to Sick Persons* • •©i*'* •&lt;©.**•
Ambulance Requests* *****.**.*^.. •••**&gt;© ••'•••*.••
Responding to Alarms©**.****.*,**^***
Escorts o— . 0 . 0 . . . . . . 0
A r r e s t s on Warrants*©
M i s s i n g £ e r sons***&lt;&gt;**..©o
F4 »{

*•©-•&gt;*»•••»•••»©•• ©•©*••*•• * • • • • • • &gt; * &gt; • • •

&gt;&gt;•

* * * - * &gt; * • * » * * &lt; &gt; » * » * - &gt; * &gt; * &gt; * • » * - • • © 0 " * » &gt; * t&gt; *"©&gt;*»*«*&gt;*&gt;*^*&gt;0

15

•&lt;&gt;• • • • • ••-• • * &lt; © &gt; * » * ^ * o • • • • * • • o • * *

• &lt; • • * - • • • *•

22

• * * » * » * o * * © *'*-*&gt;o • - • - • • • • ©-**•• • • • * * * o
1/ * U ••Urn * o-'o • » « . * * ^ &lt; * * oto ••© o * * * * * * * * * * * * o * * * * o o * * * * * * * * * * * * * * # * * * o * * * * »

)l r jp

Checking 44 Dark Houses**•••*•«••*.*

*

4
J

©*©©*•***.***•©**** 283
Total
Respectfully submitted,

Ri/hard J . %&amp;60L
.ef of Pplijtfe

'

420

�'3C

:.*

TFLEPHONE
RICHARD J. SPOTA

H4) fnl-0800

Chief of PolU*

polite Btpattment
Village ot J^irtJ)fltarrptoton,J i g?. 10591
POLICE REBORN

JUNE

1983

)tal Number Charged by Police:
&gt;
1. Arrested****************••......• •»... .......&lt;&gt;•••...... • •*.•.".* 11?'
2. Summoned*.••........oo..o...................oo.......•••***••• 946
Total

1059

[ersons Charged with Crimes or Violations:
1. V&amp;E Moving Violations
*....o.. 52
2, V&amp;2 Non-Moving Violations.'*
2
0*
5» Operating with a Suspended or Revoked License*••*•*• •*•••••**• 3
4„ Disorderly Conduct*1*.••.•*•••*•••*.*••••••••••••*••••....•••••^
8

% Harassment******....********.••••••••*..••••••.•*•••*..•»...••
3
6o Village Ord* Drinking i n Public*
..
.* 47. Violation of a Pamily Court Order of Protection* •.•**•••*•.*• *o
f5
8» Resisting A r r e s t * * . • . • * * • • . . * . . . . • • • . • • • • • . . • • • * • . . . . . . j . * . . . . * *
3
9» D.y.I
e*
****...&lt;&gt;*.•.
7
#
e n a c i n Driving*
g * . . . • • • •*.*. .*». **..*. .*. *• •*..•. .•*»^..•*. *• .. *• •• ••••••»•*• •••. •. *• •• •»•...«»• .••• •. ••••*. *. »* •. *. •*
1
1 0.
3. M
Reckless
1
14-.
2
.1* Scofflaw**.^*.*.*^.
19
Trespass
* » &gt; • ' • » • • • » • •*»*»*»*»•»*••». *»»&gt;»»»&lt;*^ * * *
1
12.
Harassment*
* * ...**.. *.*••***••..*
****** *.*«..^. • • * . . . . . . . .
1
Driving with.
A b i l i t y Impaired,
o*-.
16. Aggrivated
1
* • &lt; • • * « * • • • ••*"* • &gt; • - • • * * &gt; • . »•»&gt;*•*&gt;*
1
17* Criminal Mischief***.1
Assault
3
r
d
»
*
.
*
.
^
.
»
.
.
.
.
.
*
*
.
*
.
.
*
^
.
.
.
.
.
.
*
.
.
.
.
.
.
.
»
.
.
.
.
.
.
.
«
.
.
.
*
*
.
.
*
o
18.
1
Unlawful Possession of Marijuana*••^^•^*^.».*^**^***»^*^.*.*l»^**.**
19o Family Court Warrant
-aC-siy*
20* Dog Ord* V i o l s * . *.f
^r
•* - * « * • * • * » * &gt; • • • * * i

&gt; * • * •

• - * • • • * * • * • • • « • »•»•* i

Total

113

i

7*^«£&amp;tr&gt;&gt;#

* « * « &amp; • ' • • - &gt; / *

�37

•}
TELEPHONE

(914) 631-0800

R I C H A R D J. SPOI

Chief of Polk,

loltte Beprtment
fTtttage of JUirtfj San^tcfom, M. §?• 10591
Parking Violations:
1* Metered Parking • * * * * * * o * » * »
2* O t h e r Parking Violations

229
••V 717

» » » • • » •• * • • • • •••*»©*«•••••»•• * • * • • • *«••*»•**»•*

Total

Investigations of Reported Felonies
Investigations of Other Complaints*••J
Investigations of Auto Accidents ••*.
Aiding of Injured at Accidents*•'« *
•

•

•

• &gt; * •
•

• » • • • • •

» »»»»•-*&lt;• *

• - • • « • • • • - • •-*»*••-»'•

• • •

: 371
O
39
&gt; » » ' f r » » » * - i ' » f r f r » • *-*»
3

••••»»•»••

*&lt;*.»»»»».«•»•».»•».»»».

* » • • • • • * •
.

W

&lt; 1 &lt;

• * • • •

• » * • *

•

O •

Total

419

Police Aid to Sick Persons* »»*l*\*i^»'*-««w^JM&lt;
Aiabulanc e Bequests * »•.•-• ©'• • »^*- • •••* * • •'• • •'»l* • »«-»^.».».
Responding to Alarsis***^*&gt;*..*«&gt;*^**»*^*.».*l*
»*•»-»•»-* *&gt;*&gt;*&gt;*&gt;»•»&gt;*&gt;*&gt;*
Escorts ••-.* 0 ..* ....... p ...»%#
»^* *&lt;o*-*~»-* * - • • • • * » • * » * - » * • * « • - » • » • &lt;
* - . . » » » • *&gt;» • *-**•»*• • • •
Arrests on Warrants* **'«•••••
Missing Persons.* *****H&gt;***.

M

»-•-*••-*©••»&gt;•»•••*»•*

i&gt;* * U * A * • o o » » • - . »«*•* * •«*-*•• ••* * * • •

Checking-44 Dark Houses**.*

T"
£-£

4
&gt;.
3
, • 283
o

Total

Respectfully submitted,

Richard J* Spota
Chief o f Police

ly

420

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NORTH TARRYTOWN, N.Y.
June 27, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown, N.Y. on the above date.
Philip E. Zegarelli,
Mayor
Stephen Maceyak
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel J. Lobato,
Trustees

Present

Robert J. Ponzini, Counsel
Vincent Buonanno, Trustee

Absent

Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
Trustee Timmings moved, seconded by Mayor Zegarelli that the minutes
of the meetings held on April 4th, 11th and June 13th be approved as
written.
Trustee Lobato amended the motion with the exception of the April
ig
4th minutes wherein reference is made to the Mayor's comments not"recorded!]
by the Village Clerk but provided by the Mayor at a date after the Board
meeting^ seconded by Trustee Maceyak.

m

On the amendment, Mayor Zegarelli polled the Board as follows:
Trustee Maceyak
"
McBride

-

Yes
Yes

Trustee Lofaro - Yes
"
Timmings - No
"
Lobato - Yes

Carried.
The motion to adopt on three minutes carried.
c

Mayor Zegarelli asked if there was anyone present who would like to
address the Board may do so at this time.
Mrs. Louise Errico, Munroe Avenue, inquired through the Chair
Trustee McBride, if the Village has an ordinance on amplifiers in
residential areas and was answered in the affirmative.

of

Mrs. Errico inquired as to what degree does noise become abusive
and Mayor Zegarelli answered by a decimal reading.
Counsel Ponzini stated that within the last 2-3 months, the Court
of Appeals rendered them unconstitutional in a decision in Poughkeepsie.
Village Attorneys are getting together in committee and are coming up
with a new standard.

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�-2Following a discussion, Mayor Zegarelli stated that the police
committee will investigate the complaint.
Mr.Ray Avellino, owner of 148 Cortlandt Street, stated that he hs
a problem with one of his tenants who is causing a safety hazard in r
apartment building. He inquired if the Village has any authority wit
social services to help this tenant. He stated that the Attorney infc
him to evict the tenant, but he did not want to put her out on the siMayor Zegarelli stated that he should formally notify social
services of his intention to evict his tenant, but would be willing
to work with the County social services to see if something could be
worked out.
Mr. Avellino also inquired about the equalization rate with the
Town of Mt. Pleasant.
Trustee Lobato stated that a couple of years' ago, the equalizati
rate was proven to be incorrect for the school taxes for Mount Pleasai
and part of the Tarrytown School District.
As to the payback during
those years, some people though it was improper and a taxpayers suit
was brought against them.
It was requested to have the State Board o
Equalization &amp; Assessment come in every year to set a special rate,
but the Westchester County charter has a provision which cannot do so.
A letter was sent to the County Board of Legislators. The legislatioi
committee, chaired by Gibbs, has it now, he said. They are now redistricting and cut North Tarrytown out of Mt. Pleasant and put us in
new district, he said.
Sandy Galef is our new representative and Mr.
Brady will be in the next portion. We are at the mercy of the Count'
Board of Legislators, said Trustee Lobato.
Trustee Timmings stated that several years' ago, our studies
indicated that the value of the Village of North Tarrytown on Town
equalization rate was twenty million dollars more than on the Village
rate.
Tarrytown's value isnlgperon the Town of Greenburgh equalizatio
rate thai*, it is on the Village' rate ,but riot anywhere near twenty millio
dollars, he said.
The legislator who represented Greenburgh recogniz
the transfer of burden of school taxes.
He and others are opposed to
this change.
There was a change in the Greenburgh representative on
County Board of Legislators who recognizes a situation like this when
one community stands to benefit and another would be hurt.
Mr.Martin Ruane recommended that the Village Clerk send a letter
of thanks to Mt. Pleasant for making the facilities of the pool avail
to North Tarrytown residents.
Trustee Maceyak stated that a letter was sent already by the
recreation commission.
Trustee Timmings moved that the letter be entered into the minut(
seconded by Trustee Maceyak.
Carried.
Mr. Daniel Rodriguez, President of the G.O. at S.H.H.S., present
a petition signed by 462 students requesting that the Youth Social Cl
at the Strand Roller Skating Center be given an adequate opportunity
establish itself as a means of recreation for the youths of the Tarrytowns.
He stated that he talked to the Chief of Police, as well as
a Trustee that the owner be given more than a month's time.

�/*y

-3Mayor Zegarelli stated that there is a difference of opinion what
the owner's record is. There are individuals on the Board totally
against it. Some will grant the permit for a longer duration. This
will be a trial run and we will see how it works out, said the Mayor.
The matter will be taken up again on July 11th.
He stated that he
was sure that the Board will consider it for a longer period of time.
On a statement by Mr. Rodriguez that there was nothing to do in
the Village, Trustee Timmings stated that he was troubled to see taxpayers money being spent for recreation programs and have young people
of the Village say there is nothing to do.
Trustee Maceyak quoted programs from the summer brochure that the
recreation department is sponsoring.
Mr. Rodriguez stated that the recreation program is at a standstill
and was answered by Trustee Timmings, not as far as the taxpayer is
concerned.

M

n

Trustee Lobato stated that the recreation commission would be
delighted to have input from the G. 0. as to what the youth would like.
Trustee Maceyak stated that he would like to have him serve on the
recreation commission.
REPORTS OF COMMITTEES
PUBLIC WORKS
Trustee Maceyak gave the following report:
The sewer jet has a new water tank and the pump has been manufactured
We have gone back to routine cleaning of sanitary sewers with the jet.
Throughout the years, people have, through landscaping, covered their
curb shut-off valves which are for emergency use and very difficult to
locate. We are now routinely locating, exposing and marking these boxes.
* Bank balance in the water and sewer account as of June 27th is
$55,698.
The department replaced a portion of sidewalk on Elm Street and
reconstructed catch basins on Lakeshore Close, Sleepy Hollow Road and
at the foot of Pocantico Street.
Painting parking lines along Beekman Avenue, and routine collection
of brush and grass clippings in containers on Mondays and Thursdays.
J.C. Perri has begun again on the reconstruction of catch basins in
Webber Park and the Manors. This is part of the $100,000 catch basin
improvement program which began last year.
POLICE &amp; LIGHT
Trustee McBride reported that during June 14-24, eight working days,
thirty-two warrants were issued to people for violations. Fines amounted
to $2,076 and warrants will be continued to be issued. He urged people
to pay their tickets.

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�-4FINANCE
In the absence of Trustee Buonanno, Trustee McBride reported a
balance of $214,674.21 in the General Fund as of June 27f 1983.
Trustee McBride offered the following resolution, seconded by
Trustee Timmings:
$OND RESOLUTION, DATED JUNE 27, 1983 AUTHORIZING THE ISSUANCE OP
$142,500 SERIAL BONDS AND $7,500. CAPITAL NOTES OF THE VILLAGE 0]
NORTH TARRYTOWN, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE TI
COSTS OF THE ACQUISITION AND INSTALLATION OF WATER METERS AND
APPROPRIATING THE PROCEEDS TO SUCH PURPOSE.
.(In detail official minutes)
Trustee McBride moved, seconded by Trustee Timmings that actiono
the Treasurer in investing $400,000 in a certificate of deposit witht
First National Bank of North Tarrytown for 30 days at 1\% be comfirraa
Carried.
With regard to a decision made at "a recent work session of the
Board, Trustee McBride moved to confirm, seconded by Trustee Maceyak
that a public hearing be held on July 11, 1983 to consider the adoptio
of a special assessment to provide for the payment of labor and materi
for the installation of a public improvement known as Cold Water Meter
Displacement types (magnetic drive) with encoder type remotes 5/8" -2
size.
Carried.
TAX EXEMPT
Trustee Timmings stated that a meeting will be held with Supervis
Rovello on July 18th regarding pending matters.
LABOR-GOVT'L RELATIONS
Trustee Lobato stated that the committee is continuing its negoti
at ions with the police bargaining committee. The Board has been briei
in executive session on the latest status. It will not be made public
until we have a contract, he said.
#

Trustee Lobato stated that there is a moderate rehabilitation pre
which provides money to landlords to rehabilitate apartments. Some
monies are available at the County level which could be allocated to I
Tarrytown. An owner is helped to determine what work is needed in his
building and what scope could be supported by rents. He stated that
landlords should contact Linda Marshall at the County Office Building
for further information.
79 COLLEGE AVENUE
Trustee Timmings suggested that a meeting be held after the regu
Board meeting.
RECREATION
Trustee Maceyak moved, seconded by Trustee Lobato that a letter
of thanks be sent to the Dads' Club for the good job they did for the
young boys and girls.
Carried.

�/*&amp;.

-5Trustee Maceyak moved, seconded by Trustee Lofaro that a letter
of thanks be sent to the North Tarrytown Girls' Softball League for
their victory over the Tarrytown All Stars.
Carried.
The Dads' Club baseball ended another excellent season with their
all star games on June 25th. The North Tarrytown Girls' Softball
League completed their season with a victory over the Tarrytown All
Stars on June 25th.
The Tiny Tot Baseball Program ended this Saturday with a world
series game against Tarrytown.
The Men's Softball League is half way through their schedule with
Michaels Tavern out in front with a 9-1 record.
Winthin the next two weeks, the tennis court fence at Andrews
Lane will be repaired.
The Day Camp and Tot Camp will begin on Tuesday, July 5th. So
far some 140 children are registered for the Day Camp and 38 for the
Tot Camp.
The Concert Series this year will be moved to Wednesday nights
so that we can co-sponsor a film festival with the Warner Library and
the Tarrytown Recreation Department on Thursday nights. The following
is our concert schedule and our film festival schedule:
Concerts:

Big Band ConcertDixieland Band Rock Band
Jazz Ensemble
-

July
July
July
July

6th, raindate July 11th
13, raindate July 18
20, raindate July 25
27, raindate August 1st

Film Festival:

June 30th - Dr. Strangelove
July 7th
Fiddler On The Roof.
July 21
Gone with the Wind.
July 28
Yellow Submarine
August 11
Cat Ballou
August 18
The Emigrants
August 25
The New Land
Two new swings were installed at Clinton Street park and one new
swing was installed in Barnhart Park.
ADMINISTRATION
Trustee Buonanno - absent.
FIRE
Trustee Lofaro reported that Pocantico H &amp; L apparatus is back
in service.
All apparatus in working condition.
MAYOR'S REPORT
Mayor Zegarelli announced the following summer schedule of meetings:

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July 11th, August 22nd and September 19th
Trustee Maceyak moved to confirm the dates, seconded by Trustee
Timmings.Carried.
With regard to the meeting held with representatives of CRISP
(Search for Change) , Trustee Maceyak moved, seconded by Trustee Timnu
that the Board re-affirm the Mayor's action as documented by his lett
to the County Board of Legislators regarding this community's continu
opposition to a Search for Change facility to be located in North
Tarrytown.
As reflected in the correspondence, Trustee Lobato stated that a
substantial piece of property will come off the tax roll. We cannot
negotiate some sort of payment in lieu of taxes. It will increase the
amount of services.
We cannot get some control of long term use of
a facility that will be placed on a piece of property. If the institu
tion could overcome the objection, the Board can again reconsider.

;i:J i

Motion carried.
Mayor Zegarelli stated that we are in receipt of the building
inspector's list. The administration committee will come up with a
recommendation.
Mayor Zegarelli reported that an update of the bus shelter progra
was received.
The Mayor stated that a meeting will be held on July 27th to
discuss an outline concept of a Village administrator and noted Sena
approval of Cable Bill S66.
Mayor Zegarelli stated that the Board decided at a previous work
session to make a decision on the amendment to the amusement device
law at the next meeting on July 11th.
Trustee Timmings moved, seconded by Trustee Lobato to confirm
action of Counsel in sending a letter to James Rogalski terminating hi
employment effective June 22, 1983. Carried.

t*:

Mayor Zegarelli noted several internal memos from Counsel, as
well as letters from V. Page and Ptl. Schrank.
COMMUNICATIONS

1

&lt;

Communication from the Edwards Family, 20 Pine Street, expressing
appreciation to Charles Annicchiarico and other members of the street
department for the fine work in replacing their sidewalk was read and
Trustee Maceyak moved, seconded by Trustee Timmings that copies be
placed in their folders.
Communication from Mr. &amp; Mrs. Ray Everett, 38 Chestnut Street,
commending Officers Kiggins, Whalen and Sgt. Booth for their quick
response in aiding their daughter during her recent illness was read
and on motion of Trustee Maceyak, seconded by Trustee Timmings, copies
of the letter be placed in their files and copy sent to the Fire Ambui
Corps.

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�M
-7Commuication from Loretta Lemme, 255 Highland Avenue, requesting
'
the removal of a dead tree, as well as fixing the dead-end sign
was read and referred to the Environmental Committee and police committee
Communication from Mr. &amp; Mrs. Andrew Boady, 45 Hudson Terrace,
requesting sidewalk repairs was read and referred to the public works
committee.
Communication from Edward Belliveau, President of the American
French Club, requesting the use of Douglas Park for a picnic was read
and on motion of Trustee Timmings, seconded by Trustee Maceyak permission
was granted and the recreation and police departments notified. Carried.
Communication from Sec'y. of Fire Council, Gordon Ferguson,
regarding changes in personnel in Union Hose and Columbia Hose Companies
was read and on motion of Trustee Lofaro, seconded by Trustee Lobato
action of Council be confirmed. Carried.
Communication from Rev. A. Fagnani, Administrator of the Immaculate
Conception Church requesting permission to hold a bazaar on church
grounds on the weekends of August 18, 19, 20, 21, 25, 26, 27, 28 was
read and on motion of Trustee Maceyak, seconded by Trustee Lofaro,
permission be granted and police and fire department notified. Carried.
Communication from Jorge Urra, President of the Producciones
Caribe Club, requesting permission to hold a dance on July 30th at the
Strand Roller Skating Center was read.
The Chief was asked to
investigate the organization and found no objection.
Trustee Timmings moved, seconded by Trustee Maceyak that permission
be granted.
Carried.
Communication from Sally Isler, Dog Control Officer, stating that
she was informed by the Administration Chairman that her hours would be
cut and that she would have to resign if this is done was read. Mrs.
Isler stated that she has many times worked far over the 20 hrs for
which she did not receive payment.
The matter was referred to the next work session of the Board.
UNFINISHED BUSINESS
Trustee Lobato inquired about the status of the new Village
garage building - pending items for completion and Trustee Maceyak
stated that the contractor has promised to complete the work.
Mayor Zegarelli noted the memo from the Treasurer regarding insurance
renewal which is due July 1st.
The Treasurer stated in her memo that
Mr. Moulton has provided excellent service to the Village.
Trustee Maceyak moved, seconded by Trustee Timmings that the Board
retain W. H. Moulton at the rates stipulated in his letter.
On the question, Trustee Lobato suggested that someone be hired
to review the proposals submitted.

*" * * ^'•Q^K^Wn''

«

�0

1
-8Trustee McBride stated that there was a big difference between
last year and this year, and suggested that the Board find out what
the grace period would be in order to give us more time to have the
proposals reviewed by some other person.
Following a discussion, Mayor Zegarelli polled the Board as
follows:
Trustee Maceyak
"
M c Bride

Yes
No

Trustee Lofaro - No
"
Timmings - Yes
"
Lobato - No

Motion not carried.
Trustee McBride stated that he will get someone to review the
two proposals.
Trustee Timmings moved, seconded by Trustee Lobato that a letter
be sent to our Congressmen and U. S. Senators voicing our opposition
to the new Federal guidelines going into place which require the
registration of all bonds, including the municipal bonds presently
utilized by the Village of North Tarrytown, and that they take the
time in future legislation to study the cost to local governments
before they rush to pass an act.
Carried.

'«'. iii

-1

NEW BUSINESS
Trustee Maceyak stated that he received a letter from John Carre
requesting that letters be sent to our Congressmen urging them to res
the G.I. Education Bill, as well as the $500 burial allowance by the
for all deceased veterans and so moved, seconded by Trustee Lobato.
Motion carried while Trustee Timmings abstained on the burial
allowance motion.
«*

Trustee Maceyak moved, seconded by Trustee Lobato that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated June 2
1983, with the exception of three bills under "Fire" for analysis,
be paid after approval by department heads and that the Treasurer be
authorized to pay same and that a copy, of this resolution be attached
to the warrants.
Carried.
There being no further business to come before the meeting, Trust
Maceyak moved, seconded by Trustee Lobato that the same be duly
adjourned.
Carried.
Respectfully submitted,

tJfotesi^ J^A^c^^J
Filomena Fallacaro
Clerk

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�BOND RESOLUTION, DATED JUNE 27, 1983, AUTHORIZING
THE ISSUANCE OF $142,500 SERIAL BONDS AND $7,500 CAPITAL
NOTES OF THE VILLAGE OF NORTH TARRYTOWN, PURSUANT TO THE
LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION
AND INSTALLATION OF WATER METERS AND APPROPRIATING THE PROCEEDS TO SUCH PURPOSE.

BE IT RESOLVED by the Board of Trustees of the
Village of North Tarrytown, as follows:
'•tC

Section 1.

In order to finance the specific object

or purpose hereinafter described, the Village of North
Tarrytown shall issue its Serial Bonds of the aggregate
principal amount of $142,500 and its Capital Notes of the
aggregate principal amount of $7,500, pursuant to the Local
Finance Law of New York..
Section 2. The specific object or purpose (hereinafter referred to as "purpose") to be financed by the issuance of said bonds is the acquisition and installation
of water meters in the Village and appropriating the proceeds to such purpose.
Section 3.

It is hereby stated that (1) the es-

timated maximum cost of said purpose is $150,000; (2) no
money has heretofore been authorized by the Board of
Trustees of the Village for such purpose; and (3) the

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�Board of Trustees plans to finance such purpose from funds
raised by the issuance of said Serial Bonds and Capital
Notes authorized bytilrtisresolution.
Section 4.

It is hereby determined that said pur-

pose is an object or purpose described in Subdivision 30 of
Paragraph a of Section 11.00 of the Local Finance Law, and
that the period of probable usefulness of such purpose is
twenty years.
Section 5.

Is is hereby determined that the pro-

posed maturity of the obligations authorized by this resolution will be in excess of five years.
Section 6.

Subject to the terms and conditions

of this resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00
to 60.00, inclusive, of said Law, the power to authorized
Bond Anticipation Notes in anticipation of the issuance of
the Serial Bonds authorized by this resolution and the renewal of said notes, and the power to prescribe the terms,
form and contents of said Serial Bonds, Capital Notes and
Bond Anticipation Notes, and the power to sell and deliver
said Serial Bonds, Capital Notes and Bond Anticipation
Notes issued in anticipation of the issuance of such bonds
is hereby delegated to the Village Treasurer of said Village.

-2-

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The Village Treasurer is hereby authorized to sign any Serial
Bonds and Capital Notes issued pursuant to this resolution,
and any Bond Anticipation Notes issued in anticipation of the
issuance of said Serial Bonds, and the Village Clerk is hereby
authorized to affix the corporate seal of said Village to
any of said Serial Bonds, Capital Notes and any Bond Anticipation Notes, and to attest such seal. Each interest coupon
representing interest payable on such Serial Bonds shall be
authenticated by the facsimile signature of the Village
Treasurer.
Section 7.

The validity of said Serial Bonds,

Capital Notes or of any Bond Anticipation Notes issued in
anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object
or purpose for which said Village is not authorized to expend
money, or the provisions of law which should be complied with
at the date of the publication of this resolution, are not
substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or if' said obligations
are authorized in violation of the provisions of the Constitution
of New York.
Section 8.

When this resolution shall have taken

effect in the manner provided by law, it shall be published
in full by the Village Clerk of said Village, together with

�a notice in substantially the form prescribed by Section
81.00 of said Local Finance Law, and such publication shall
be in "The Daily News", a newspaper having a general circulation in said Village of North Tarrytown.
Section 9.

This resolution is subject to a per-

missive referendum and shall take effect at the time and in
the manner prescribed by Article IX of the Village Law of
New York.

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PUBLIC HEARINGS

NORTH TARRYTOWN, N.Y
June 13, 1983

A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli,
Mayor
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel J. Lobato,
Trustees
Robert J. Ponzini, Counsel

Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
Mayor Zegarelli called for approval of minutes of the meetings held
on April 4th, 11, 18th, 25, 27 and 30th and May 9th and 23rd, 1983.
Trustee Timmings so moved, seconded by Mayor Zegarelli.
Trustee Lobato moved to amend the motion to approve all the minutes
except for the minutes of April 4th and 11, seconded by Trustee Maceyak.
Amendment carried, while Trustee Timmings voted "No".
Motion on the floor carried while Trustee Timmings voted "No".
Trustee Timmings stated that the Board had agreed to abide at the
organization meeting by Roberts Rules of Order. He stated that Roberts
Rules did not have great legal significance*
; He read the following paragraph from Roberts Rules:
"Second Organizational Meeting: Reading and Approval of the Minutes. With the
temporary officers elected at the first organizational meeting serving until
the regular officers are elected, the first item of business at the second
meeting is the reading and approval of the minutes of the first meeting, with
corrections if necessary."
Trustee Timmings stated that there is no reason why they should not
approve all the minutes.
Mayor Zegarelli stated that he had said in previous meetings that if
there were any corrections to be made, they should have been submitted in
writing, in advance by the next meeting.
Mayor Zegarelli read the notice of hearing to consider a proposed
local law amending Chapter 4 "Amusement Devices" Sections 4-1 and 4-10
and asked if there was anyone present who would like to address the Board,
(The amendment would be to allow devices within a 200 ft. radius of a
school.)

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-2Trustee McBride inquired as to how long ago was the previous
ordinance amended and was answered last year.
Miss Eva Piedemonte, Gordon Avenue, inquired as to who was askinc
for the change and stated that she was opposed to any devices being
placed in establishments within 200 ft. of a school.
Mr. Keith Wald stated that he leases the Strand Center from Mr.
Rodriguez. He stated that the facility is not open during school hoursl
No one can come in to play any games when the doors are locked, he sail

•i

Mr. Joseph Piedemonte, 95 Beekman Avenue, stated that another CentJ
was opened, but did not work. He stated that there should not be any
video games in there.

mi

No other comments, Mayor Zegarelli moved, seconded by Trustee Tin
that the proposed law be referred to the Board for further study. Carri]
Mayor Zegarelli read the notice of hearing amending Local Law #10
1982, Section 57-18 "Parking Prohibited in Designated Areas" and asked|
if there was anyone present who would like to address the Board.
Mr. Ugo Checchi, Chairman of the Traffic &amp; Transportation Committeel
stated that in a survey of residents using the bus stop, they were agaij
the bus stop as it is now and would like to have it revert back to the
northwest corner of Valley Street and College Avenue.

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Miss Eva Piedemonte questioned the bus stop and handicapped parkii]
space.
She inquired as to how can you have a bus stop when you have
handicapped space.
Mayor Zegarelli stated that this amendment would resolve the situat]
No further comments, Mayor Zegarelli moved that the hearing be closi
and matter take up under Unfinished Business, seconded by Trustee Timinii
Carried.
Mayor Zegarelli asked if there was anyone present who would like to
address the Board may do so at this time.
Mr. Martin Ruane, 95 Beekman Avenue, inquired the status of the new
Walter truck; if it was on the road.
Trustee Maceyak stated that it has been out on the road.
a minor problem which was corrected.

There was

7

r*tR5.- Jennifer Dolan, member of the Recreation Commission, stated tha
members of the commission were upset about comments made in the newspape
She stated that one of the members was told that she could not sit on th
commission.
She stated that the Board has ignored the recommendation
the commission and has left the commission disabled.
Trustee Lobato stated that he is not convinced that they are stymie;
and that the commission was never criticized by the action.
Mayor Zegarelli stated that he was sympathetic to her and the comrois
The proposal the commission made could have been easily adopted by a
compromise. There were members on the Board who wanted to compromise.

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Mrs. Dolan stated that one of the members could no longer sit in
on the meetings. A man was proposed to take Miss Piedemonte's place.
She stated that Trustee Maceyak said that if she sat on the commission,
they could not have a meeting.
Trustee Lobato asked Mr^. Dolan if £vftS term expired and was answered
that due to a mess-up it has.
I
i
Trustee Lobato stated that her term had expired and she had to be
I
reappointed. He stated that there could be a compromise if they include
!
the Board's powers under the law to make appointments. So long as-the
;
Board is denied, the court will have to decide.
Mayor Zegarelli stated that if both sides had agreed at the time
the question came up, a unified resolution could have been adopted.
Mrs. Dolan stated that Pat Lofaro was ordered to leave a monthly
commission meeting because Miss Piedemonte refused to relinquish her
commission seat. She stated that we are not about to evict people who
show up during the meeting.
Trustee Lobato stated that the common sense approach would be to
conduct the meeting and future votes cast only by the commission members.
The incumbancy is in dispute.
Trustee Maceyak stated that Miss Piedemonte could sit in on the
meetings, but cannot vote.
Trustee Buonanno stated that the recreation commission, as well as
all other boards and committees are in the same dilemma. We are waiting
for a decision from the courts as to who has the powers. It is not by
design, but by circumstance. He stated that it was not their intention
or anyone on the Board to circumvent the recreation commission, etc.
Hopefully we will have a decision this week, he said.
Trustee Lobato stated that we are locked in because the Mayor brought
in legal action. He explained about the appointive powers of the Board
of Trustees, after which Mayor Zegarelli quoted section 4-400 whereby the
Mayor appoints subject to the approval of the Board of Trustees.
Mayor Zegarelli stated that he received a copy of the Attorney
General's opinion, at a cost of 20C, regarding the same situation in Mt.
Kisco which he will give a copy to Board members, as well as one for the
minutes.
As per a suggestion of Trustee Lobato, Mayor Zegarelli informed the
commission to refer any legal questions to Mr. Ponzini.
Trustee Buonanno stated that he is annoyed about comments iW
the newspaper.
He stated that the reporter has been reporting fairly
in his articles.
The Village still moves forward, said Trustee Buonanno.
There are committees who are functioning.
The Village is not stagnated
or dormant, he said.
Mrs. Doian stated that the purpose of having Planning Boards, recreatio
commissions, etc. is so that all the decisions would not be made by the
seven elected officials. She had stated that people were hired for summer
jobs, but not by the commission.

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�Trustee Buonanno stated that the Board is not making the decisi
Mr. Nardullo is carrying over the practice endorsed last year. Vill
officials are not becoming involved in those aspects, he said.
Mrs. Dolanstated that Eva has done a lot of work on the commis
She stated that the Board does not want her and it is very upsettin
to pass over her again.
Trustee McBride stated that the commission can operate success
As far as the time of service, her term is over. It is unfortunate
we are in the courts as to who has the appointive powers, said Trus
McBride.
Mr. Piedemonte stated that his daughter is not getting paid and
works very hard.
People are holding a grudge, he said.
Trustee Buonanno stated that when we have differences of opini
on the Board, we still continue to move forward.
Mayor Zegarelli suggested that the commission contact Village
Counsel as to how to function.
Mr. George Bohn, General Manager of McLean Cable, requested the
Board's approval to transfer the franchise of McLean Cable to Amerr
Cable.
Mayor Zegarelli stated that the Board met and reviewed the co%
and asked if the cable commission has been approached for approval.
Counsel stated that in accordance with the franchise passed by
the Boare in 1973, there is a provision which requires approval of
municipal consent prior to the commission approval.
Trustee Lobato inquired if this would have any effect on the
renewal date that would exist with the transfer and was answered by
Bohn in the negative.
Trustee McBride inquired if one municipality does not approve,
they still go through with the transfer.
Mr. Boh stated that all municipalities have to agree.
Mr. George Douglas, President of the New York Corporation, expl
the background history of American Cable. He stated that all of the
local programs will be continued. It will be a very active community
television operation, he said.
The rates are part of the franchise
will remain the same.
Trustee Timmings stated that at the Conference of Mayors and
Officials held at Grossinger,s, he attended a session on Cable TV and
it was their consensus that over the years, small TV organizations w
fade out. He stated that he would like to have some discussion with
Douglas on how we can firm up public access.
Mayor Zegarelli suggested that a letter be sent to the Board as
what they would be doing to obtain public access to which Mr. Douglas
agreed.
Trustee Maceyak moved, seconded by Trustee Lofaro that the trans

�-5of McLean Cable to American Cable be approved, subject to the provisions
of the franchise agreement.
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak
"
Buonanno
"
McBride

-

Yes
Yes
Yes

Mayor Zegarelli voted "Yes".

j

Trustee Lofaro - Yes
"
Timmings - No
"
Lobato - Yes
Motion carried.

Mr. Keith Wald, lessee of the Strand Roller Skating Center, stated
that the Board had granted him a two week permit which has now expired
and would like to obtain a permanent one.
Trustee McBride stated that he is in receipt of a memo from the
Chief of Police that he did not feel that a proper evaluation can be
given in this short period of time. He does not believe that we have
seen an indication of the true volume of business generated by the club.
Numerous calls were made, but none of a serious nature, said Trustee
McBride.
These were documented on the police blotter. The past
history of other places has not been good, said Trustee McBride. He
stated that he does not believe it is a good idea. We are asking for
many problems, whether it is from bussing the people from other
communities, etc.
The police report is not strongly opposing it, but
he was opposed to any further granting of a permit.
Trustee Lobato stated that the Chief has, in some sense, reserved
judgment to continue the experiment to dole it out. We should chance
to see how it is operating, said Trustee Lobato.
Trustee Maceyak moved that the dance permit be granted for a month,
seconded by Trustee Buonanno.
On the question, Trustee McBride stated that the first time they
were granted a permit they sent out circulars, as well as advertising
in the pennysaver, schools and free passing programs.
Trustee Lobato suggested amending the motion to allow a two week
segment and then to a month.
Trustee Timmings stated that his own experimentein the past is
not in favor.
Trustee Buonanno stated that he has reservations about the operatior
He does not think we can judge what happens elsewhere would happen here.
He deserves a chance, he said.
Trustee Lobato stated that Mr. Rodriguez did a good job in keeping
the problems down. The problem in front of the place was removed when
the telephone was removed.
On a question of Trustee Lofaro as to who called the police
department, Chief Spota answered that his department made a routine
check.
Trustee Lofaro stated that he would like to see them get a chance.

�-6Trustee Lobato amended the motion to allow the permit to run from
June 13th to July 11th, seconded by Trustee Buonanno.
On the motion, Mayor Zegarelli polled the Board as follows:
Trustee Maceyak
"
Buonanno
"
McBride

-

Yes
Yes
No

Trustee Lofaro
"
Timmings Lobato
-

Yes
No
Yes

Motion carried.
Mr. Joseph Piedemonte inquired about the bus shelters which were
to be installed.
Trustee Maceyak stated that whoever handled it in the past did not
have the applications in early enough. The County has halted the progr
he said.

Miss Eva Piedemonte stated that she is a member of the Recreation
Commission, as far as she is concerned. Until the courts decide, she
feels that she is a member. She stated that Trustee Maceyak made a I
senseless statement that the commission should be made equal, three 1
females and two males.
She stated that she doubted it is the real rea
She inquired of Trustee Maceyak if there were other men on other commit
and also inquired if the Board would consider appointing seven people t
the commission.
Trustee Lobato stated that the Board considered expanding the
commission, but the Mayor was adamantly opposed to it.
Mayor Zegarelli stated that you can have 5 - 7
change or regulations on the-commission.

members without any

On an inquiry of Trustee Maceyak as to why the commission was
reduced to five members, Miss Piedemonte explained that two members did
not make meetings and were removed from the commission, thereby reducin
the number.
Miss Piedemonte inquired of Trustee Maceyak if she had been neglig
on the commission and was answered by him in the negative. She inquii
of him if public attendance was poor and was answered in the negative.
She also inquired of Trustee Maceyak if she had made any statements as
commissioner and he answered "No".
Miss Piedemonte then stated that it was political.
On a question of Miss Piedemonte regarding William Shroba, Trustee
Maceyak stated that the Mayor appointed him.
f

Miss Piedemonte stated that the law states that all meetings shall
be held accessible to the public. She stated that no one should have J
call in advance to have the meeting downstairs. As a member of the pul
she said that she should be able to attend a public hearing.
She woul
like the matter resolved.
"

Trustee McBride told Miss Piedemonte that she could have called at
the last meeting if she could not attend so that we could have had the
meeting upstairs.

�V7

-7At this time, Mayor Zegarelli introduced
Legislator, from the 9th district.

Sandra Galef, County

David Rodriguez, President of the S.H.H.3. C O . , spoke in favor
of allowing the lessee of Strand Roller Skating Center to hold dances.
He inquired as to where the youth would go if the Center is closed.
Mr. Wald stated that he can only be judged on his own merit, but
it seems that he is being judged on other people*s merit. He stated
that he cannot spend money on promotions on a limited permit. He has
no control what happens on the street, said Mr. Wald. You cannot run a
business that way for one month.
Trustee Lobato stated that he did not think it is unreasonable
going two weeks to a month. It shows that we have been very reasonable,
he said. He stated that we do not expect him to resolve North Tarrytown's
problem. They would like to be insured that no other problem arises.
Mr. Wald stated that as a businessman, he would have to quit, not
knowing tomorrow morning if he was going to be in business. He stated
that you cannot pay the bills based on running his business like a candy
store.
Trustee Lobato stated that he was asking the Board to make quite a
decision. He suggested that he submit a written statement outlining
the problems that he has operating under a monthly permit, such as
advertising, spending money.
Mayor Zegarelli stated that the Board would like to review his
statement by the next meeting.
REPORTS OF COMMITTEES
PUBLIC WORKS
Trustee Maceyak moved that the salary of Richard Gross who was
appointed Water &amp; Sewer Maintenance Man Grade II at the meeting of May 23r
be increased to $16,709, retroactive to May 23, 1983, seconded by Trustee
Timmings.
Carried.
Trustee Maceyak moved, seconded by Trustee Buonajyip that the contract
for the supply of 500 remote reading meters at a net / cost of $46.75 be
awarded to Water Works Supply Company.
Carried.
Trustee Maceyak moved, seconded by Trustee Buonanno that the contract
for the installation of the remote reading meters be awarded to Central
Installation Company at a unit cost of $29.50.
Carried.
Trustee Maceyak moved that funding of these meters will be done on
a quarterly basis, $10 per quarter, in eight payments, seconded by Trustee
Buonanno and subject to the approval of Counsel as to the proper procedure,
for billing each resident. Carried.
Trustee Maceyak stated that hopefully, the Elm Street parking lot
will be opened by next month.
Trustee Maceyak moved, seconded by Trustee Timmings that the followin
rules be adopted:
(see attached)

�-8Trustee Maceyak reported a balance of $43/240.50 in the water and
sewer account.
County Asphalt has completed the resurfacing of a portion of Beel
Avenue and Holland Avenue.
This is part of the "Chips" program, sail
Trustee Maceyak.
I
The department replaced deteriorated and/or damaged sidewalks on
New Broadway and Pine Street; replaced gates at Margotta Courts playgn
planted flowers in front of the Municipal Building and the triangle at
Broadway and Beekman Avenue and filled potholes throughout the Village
Trustee Maceyak stated that Sanitation foreman Hercules Shubrick
is on vacation and Joseph Bozelli is acting foreman with appropriate
out-of-title pay.
POLICE &amp; LIGHT
Trustee McBride stated that through the efforts of the Police
Department's excellent record in the STOP-DWI program the department
will receive an Intoxilyzer Electronic Alcohol-in-Breath Tester which
will be funded by the STOP-DWI program.
Trustee McBride stated that Chief Spota has completed the N.Y.S.
Law Enforcement Executive Development Program.
Trustee McBride read a letter from Chief Lipsky of Tarrytown, 1
commending Ptl. Walter Schrank for his assistance in locating an escal
suspect from White Plains Police Department within the Village of Tarl
and moved that the letter be entered into his file, seconded by Trustei
Lofaro.
Carried.
Trustee McBride gave the following police report for May:
(see attached)
Trustee McBride stated that the committee has been discussing
a youth officer and moved that Ptl. Gordon Ferguson be promoted to
Detective-Patrolman, effective June 27, 1983 at a base salary of $26,20
plus longevity, seconded by Trustee Buonanno. Carried.

Trustee McBride stated that Ptl. Ferguson has been assigned a part
time basis to the Youth Bureau for the past two years and has demonstra
his ability for the promotion. He outlined his duties.
Trustee Buonanno stated that numerous letters have been receivedo
behalf of Gordon.

Trustee McBride stated that the committee interviewed candidates
for patrolman and it was their recommendation that Mario Bizzarro be appointed patrolman in and for the Village of North Tarrytown, effect:
June 27, 1983, at a salary of $17,135 per annum, subject to twelve we(
probationary period and Municipal Training School, seconded by Trustee
Maceyak.
Carried.
"
Trustee McBride stated that with regard to the outstanding traffic
violations, eleven warrants were issued, of which $1424*00 was collecte
in fines.
This is a step in the right direction, said Trustee McBride

�9

-9Trustee McBride moved that on recommendation of the parking
committee, that the following amendment to Local Law #10 of 1982,
Section 57-18 of the General Code "Parking Prohibited in designated areas"
to delete the bus stop designated at Valley Street, south of College Avenu
west side, and to establish the new bus stop zone on Valley Street,
southerly direction, northwest corner of the intersection of College
Avenue and Valley Street. Trustee Buonanno seconded the motion. Carried.
Trustee Vtt\mfi/&amp;&gt;fle^ntSj^thatthe Chief and?»ii&lt;f&amp;Co(»ihiT'r*G
review
a program sponsored by the State Conference D.C.J.S. Neighborhood Crime
Prevention Act which funds money for Neighborhood Watch, which we have,
and other community oriented programs.
FINANCE &amp; REAL ESTATE
Trustee Buonanno reported a balance of $505,317.13 in the General
Fund as of June 13, 1983.
Trustee Buonanno moved that $17,135 be transferred from Contingencyto Police-A3120.1, personal services, to cover the difference between
Grade V and Grade III (Ulacco transfer) and that $1,748 be transferred
from Contingency to Police-A3120.1, personal services, to cover the
promotion of Ptl. Ferguson, seconded by Trustee Lofaro.
Carried.
Trustee Buonanno stated that in the CDA report from Mr. Doorley,
an audit will be due. There is a balance of $1123 which would not cover
the cost, however, the committee will determine if other monies can be
used for this audit, he said.
TAX EXEMPT
Trustee Timmings stated that he has been in contact with Mr. Rovello
and a meeting has been scheduled for Monday, July 18th.
LABOR RELATIONS-GOV. RELATIONS
The committee is continuing with its negotiations with the PBA
representatives.
In order to accommodate all members of the labor
relations committee, a meeting has been scheduled for Saturday at 8:30 A.M
Trustee Lobato stated that as per letter received by Counsel, the
Teamsters Union is now with us. A letter was received from Brian Lusig,
Attorney for the Union, calling for a meeting. The committee will now
have two contracts that it will be working on.
Trustee Lobato moved that Counsel be authorized to research the
obligation of the employe ft to immediately commence negotiations after a
change in union representation and if the employer fails to do so, is it
an unfair labor practice, seconded by Trustee Timmings. Carried.
Trustee Lobato stated that there is a personnel matter that requires
a hearing and moved that the Village hire Dennis Fitzgerald to act as a
Hearing Officer at the prevailing rate, seconded by Trustee Maceyak.
Carried.
Trustee Lobato stated that Aqua Dredge Company will complete its
work in Fremont Pond as soon as it is dried out.

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�-1079 COLLEGE AVE.
Trustee Timmings moved, seconded by Trustee Maceyak that the
Board meet as a Board of Directors of 79 College Avenue after the
meeting.
Carried.
RECREATION-SENIOR CITIZENS
Trustee Maceyak gave the following report:
Softball league finished this past weekend with their annual
All Star game.
The highway department is leveling off the grounds at Memorial
Field, after which gravel will be placed down to cut down on the dust
Plans to renovate Andrews Lane tennis courts are being considered
Trustee Maceyak stated that there was vandalism at all the parks
and on the recreation truck.
Trustee Maceyak stated that about 700 residents have applied for
permits to the Mt. Pleasant pool.
Trustee Maceyak stated that thetTcitizens' picnic will be held on
July 13th at Kingsland Point Park.
The Board has received invitatioi
ADMINISTRATION
Trustee Buonanno stated that the fire inspection was held in the
firehouses. Some areas are in need of repair, he said.
FIRE
Trustee Lofaro read a letter from Sec'y. of Fire Council, L. Kosi!
regarding changes in personnel in Fire Patrol Company and moved that
action of Council be confirmed, seconded by Trustee Timmings. Carried,
&gt;Also in the letter, Pocantico H &amp; L has requested permission to
take its apparatus to Lake George on June 16-18 and Columbia Hose on
July 7th to Dobbs Ferry. Chiefs were also requesting to take their cai
Trustee Maceyak stated that he did not feel that the truck should
be driven to Lake George. He stated that trucks are not designed or
engines built for that length of a trip.
It was stated that the truck is in good condition and has travel©
that far before.
Trustee Lofaro moved, seconded by Trustee Timmings that Pocantico
H &amp; L and Columbia Hose Companies be granted permission to take their
apparatus to their respective parades and that the Fire Chiefs be grai
permission to take the Village fire chiefs cars to the parades also.
Carried.

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Trustee Lofaro stated that fire headquarters and equipment are m
good condition.

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-11MAYOR'S REPORT:
Mayor Zegarelli stated that the request for a board resolution
from the State Insurance Fund concerning firemen payroll was referred
to Counsel.
Mayor Zegarelli read a letter from Mr. Slachta, General Motors,
requesting no parking in front of the entrance to the General Motors
offices, after which Trustee Timmings moved, seconded by Trustee
Buonanno that a public hearing be held on July 11, 1983 to consider a
proposed amendment prohibiting parking on Beekman Avenue, in front of
the General Motors lobby.
Mayor Zegarelli stated that he is in receipt of a letter from
Mr. Mowen, of Hagedorn and Company, requesting a meeting to discuss
insurance proposals and referred same to Trustee Buonanno.
Mayor Zegarelli stated that the Board is in receipt of a letter
from Great Base Coaster for permission to shoot a story film in Patriots
Park and on Lawrence Avenue. Since the park is in Tarrytown, the company ffi"
also requested permission of the Village of Tarrytown. They are requestir
to use North Tarrytown's portion, said the Mayor, and moved that permissic
be granted, seconded by Trustee Timmings.
Carried.
Mayor Zegarelli stated that NYCOM passed two resolutions at the
end of the conference last week.
One dealt with Cable Television and
Senate Bill #1113 which repeals the inclusion of tax exempt interest -or
determining taxation of social security benefits.
Mayor Zegarelli acknowledged memos from Counsel regarding Algo
2-2-4 Realty and College Avenue Realty tax petitions and CSEA/IBT case
and McLean TV.
COMMUNICATIONS
Communication from A. C. Lapetoda, Gordon Avenue, requesting, on
behalf of the North Tarrytown Republican Club, permission to hold a
bake sale on June 18th in front of the First National Bank was read
and on motion of Trustee Maceyak, seconded by Trustee Lofaro that
permission be granted.
Carried.
Communication from Michael Hyland, Chairman of the N.T. Democratic
Committee, requesting permission to use Douglas Park for its annual
picnic on August 7th was read and on motion of Trustee Timmings, seconded
by Trustee Lofaro permission was granted.
Carried.
Communication from Frances Kofka,31 Lawrence Avenue, requesting
that the tree in front of her property be trimmed, as well as the repair
of her sidewalk which has been uprooted by the tree was read and referred
to the public works committee.
Communication from Victor Page resigning as building inspector
effective July 1, 1983 was read.
Trustee Lofaro moved, seconded by Trustee Maceyak that his
resignation be accepted with regret and a letter of thanks sent to him.
Carried.

�&lt;\7~

-12Mayor Zegarelli stated- that Mr. Doorley has submitted his resignat
as CDA Director since the program was being phased out.
Trustee Lofaro moved, seconded by Trustee Timmings that his resig
be accepted and that a letter of appreciation be sent to him. Carried.
The administration committee was instructed to look for a building
inspector.
Trustee Buonanno moved, seconded by Trustee Lofaro that the Clerk
be authorized to obtain a building inspector's list from personnel
office.
Carried.
UNFINISHED BUSINESS
With regard to the hearing to amend the amusement device law,
Trustee Maceyak moved, seconded by Trustee McBride that the matter be
referred to committee for further study.
Carried.
NEW BUSINESS
Trustee Timmings stated that an honorary Doctorate from Columbia
University was awarded to Dr. Edward J. Zegarelli and moved that Dr.
Zegarelli be given a certificate of appreciation from the Village of
North Tarrytown for his accomplishments, seconded by Trustee Maceyak.
Carried.

Trustee Buonanno reported that the Treasurer and Clerk will be
going into the City on Monday, June 20th for the bond sale and moved til
they be paid for expenses incurred, seconded by Trustee Maceyak. Carriei
Mayor Zegarelli stated that at a work session, a discussion was
held regarding the use of Village vehicles and formulated a policy to
be instituted immediately and so moved that the following policy for
the use of all Village vehicles be adopted, effective June 1, 1983,
seconded by Trustee Buonanno:
(see attached)
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak
"
Buonanno
"
McBride

- Yes
- Yes
- Yes

Trustee Lofaro - No
H
Timmings - Yes
"
Lobato - Yes
«

Mayor Zegarelli voted "Yes".

Motion carried.

•*

*

"V*.,, *«rr, •.WtX**^*

�fs

-13- -

Trustee Buonanno moved, seconded by Trustee Lofaro that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated June 13,
1983 be paid after approval by department heads and that the Treasurer
be authorized to pay same and that a copy of this resolution be attached
to the warrants.
Carried.
There being no further business to come before the meeting,
Trustee Maceyak moved, seconded by Trustee Buonanno that the same be
duly adjourned.
Carried.

Respectfully submitted,

Filomena Fallacaro
Clerk

—

r i -•*—'*&gt;*

'*sHZms».

�TELEPHONE

(914) 631-0800

^ J S ^

KICHARDJ. SPO^
Chief of Polkt

^ l i t e department
Village o! J?orth Sfarrptofem, J?. § . 10591
POLICE REPORT
Total Number Charged by Polices
1. Arrested
..
.
2. Summoned
*

MAY

1983

96
*.......1180
Total

1276

Persons Charged with Crimes or Violations:
1. V&amp;T Moving Violations
40
2. V&amp;T Non-Moving Violations
*.... 3
3. Operating with a Suspended or Revoked License
•
2
4. Criminal Possession of a Controlled Substance 7th
•»
3
5. D.W.I
.
8
6. Unlawful Possession of Marijuana
•. • •
4
• 7. Vill. Ord. Drinking in Public
.
2
8. Possession of a Hypodermic Insturment
3
9. Harassment
2
10. Disorderly Conduct
10
. 11. Trespass
1
12. Menacing
1
13. Resisting Arrest
3
1*4. Criminal Possession of Marijuana. 3rd
1
15. Assault 3rd
*
•
•••••
2
16. Criminal Sale of a Controlled Substance......
1
17. Petit Larceny
'3
18. Criminal. 'Trespass»•&gt;,•;• wfrvlv^:V-* •...*. ^. ......................
1
19. Leaving the Scene of a Personal:Injury..Accident, i
». 1
20. Criminal Impersonation.....'...
1
21. Obstructing Governmental Administration.
1
22. Burglary. 3rd
1
23. Dog Ord. Violations
1
Total
96

�?s

^ ^ ^ ^ ^ W
^S&amp;xT

TELCPHONE

[914) 6^1-0800

RICHARD

^^a=aZ^

J. SPOTA

Chief of Folic*

polite department
W a g e of Jtortb tEacrpiofem, M. &amp; 10591
|Parking Violations:
1. Metered Parking
2. Other Parking Violations.•;

256
924
Total

Investigations of Reported Felonies
Investigations of Other Complaints
Investigations of Auto Accidents
Aiding of Injured at Accidents

• 5
241
42
8

•
Total ' ~*

Police Aid to Sick Persons.
I Ambulance Requests
[Responding to Alarms•.
Escorts
»
•
Arrests on Warrants
••••
Mssing Persons

1180

296
39
30
12
~

*
•

6

•

"

D0A
Checking 40 Dark Houses
Assistance Other Than Above
TOtai
»

*
28Z
* 255
639

*

Respectfully submitted,

Richard J. Spota
Chief of Police

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VILLAGE OF NORTH TARRYTOWN ; *
-„ - / • - &gt; -

INTERNAL MEMORANDUM
&gt;-. I ^ r ' t '

To

Employees of Public Works Department

:prom

' 'll

- "2 - r

Mayor &amp; Board of Trustees

'^Subject

^:3K&amp;-:

Safety Rules

-.

\-'-»c*.r-*'r
~~n«&gt;; 6 , 1983
Etate^June
» v - i ^

To
From
Sub]

'$1 j-j- Saf ety' Rul e:'
i | | | p : Each^mpfoyee of the Public Works DepartmentVhall bejLssuedJiani^hat,
' «
^ ^ r f s a f e t y goggles .and gloves\^J5afety; equipment/shall be numbered and""signed for ,:v3j

&gt;^.by employee/^ _ . .™r

'

/^^^&amp;&amp;^^SiSSmSmamm^^M^

^$it"~ B. "Abused or lost equipment'will
be repl aced Rimmed! ately witn^l/Zjpayment
-;'7^from empli " " «------*--" - l j *--•»•» —••---- «-•• — i
™ + ,- m ^.».u—,*+,
13'hciHard h"ats:

110.

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6;v:cFailure"to co'mDly with this' safety "rule shall result i n : „- • ' c ^ 3 / : " - ^ p p ~ ; .
A. Written reprimand for the f i r s t infraction.
,;.£:^n#||vg|^v
B. Suspension of one day for second without pay.
--.""-/'.&gt;^J£?rW
C. Suspension of two days for third without pay.
D. Suspension of one week
to comply and any til
7.

Failure to enforce safety »«.&lt;=.
-.„..,
• .«..- *"-.»-»iv^.-*
A. Any Department head, foremenor temporary' supervisor who doesnnot
b
enforce these safety rules shall receive the same order of reprimand
, • ^i;\
as employee.
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\^pS'*^"'*:^^Sc^u^^^A 1 ^
B. Any foreman whi

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VILLAGE OF NORTH TARRYTOWN
INTERNAL MEMORANDUM

n

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To

Employees of Public Works Department
Mayor &amp; Board of Trustees
983

"

"Subject

2P
\#3

Hi
,&gt;
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A. All vehicles shall be chalked when unattended.
result'in provision in Article 6 - ;

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Failure.to do so'will

i;V, B. . Whenever a driver must backup, he will ge guided by a fellow worker who

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DEPARTMENT O F LAW

Ill i

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A P P E A L S A N D O P I N I O N S BUKCAI

ftOSKRY AMflAMS
ATTOOMKV G t M S M L

prrc* H. scMirr
A C T U M ATTOIH««T
IM CMISP

or&gt;T«'

ALBANY. H.X. 1 3 2 3 *

June 3 , 1983

Charles V. Martabano, Esq.
Village Attorney
Village of Mount Kisco
404 Main Street
Mount Kisco, New York 10549
Dear Mr. Martabano:

JUN

Informal Opinion
"No. 83-31

You have informed us that at the recent organizational
meeting of your village the mayor appointed you as village
attorney for a one-year term, but that the board of trustees
failed to confirm the appointment as required by.law. The"
mayor refused to appoint another person as village attorney^
You have served for three years as the village attorney.
In a telephone conversation you informed ua that your position
is in the "exempt" classification of the civil service and
that you are serving under a one-year appointment made at
the last village organizational meeting.'

V

'}

. Your first question is whether the mayor has the right
to appoint the village attorney where the position has hot
been established as an "office". In a telephone conversation
you indicated that it is not clear whether the position in.
fact has been established as a village office. The mayor
has responsibility for appointment of "all department and
non-elected officers and employees subject to the approval
of the board of trustees" and may delegate the power to
appoint certain employees to other village officers or
employees (Village Law, S 4-400 [1] [c]). Therefore, in the
absence of a delegation, the mayor, subject to the approval of
the trustees, has the power to appoint the village attorney
whether the position is an office or a position of employment.

urn in

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Your second question is whether, upon the failure of
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serve. The position in question is in the exempt class
of the civil service. However, you are not certain whether
the position is an office or a position of employment.
The Village Law does not designate the position of village
attorney as a village office but authorizes the board of
trustees to establish additional village offices (id.,
S 3-301[2][c]). We believe that under the circumstances
you have presented, the answer to your second question will
be the same whether the position of village attorney is an
office or a position of employment. Since the position is
in the exempt class of the civil service, the incumbent
serves at the pleasure of the appointing authority (Civil
Service Law, § 75).* We believe that the local establishment
of a term for the appointment of an exempt employee is
inconsistent with these provisions and is therefore a nullity
(1974 Op Atty Gen [Inf] 164, id. 204). Upon the failure to
appoint a successor and in the absence of a dismissal of the
incumbent by the appointing authority, the incumbent village
attorney would continue to serve at the pleasure of the appointing
authority. Further, if the position is a village "office",
unless the office terminates or is abolished, the incumbent
will hold over and continue to discharge his duties until his
successor has been chosen and qualified (Public Officers
Law, S 3 ) . Thus, we conclude that upon the failure to appoint
a village attorney in your village, the incumbent village
attorney will continue to serve.
Finally, you informed us that thefroardof trustees has
substantially reduced the salary of the holding over, village
attorney with no reduction in the duties of the position.
You ask whether such action is authorized. The board of
trustees is responsible for the adoption of the budget
(Village Law, § 5-508) , and we believe the trustees may,
during the course of the year, reduce an appropriation.

A person holding a position by permanent appointment in
the competitive class of the civil service may not be removed
or subjected to any disciplinary penalty except for incompetency
or misconduct shown after a hearing upon stated charges. Persons
holding positions by permanent appointment or employment in the
classified service (including exempt and non-competitive positions)
and who are honorably discharged veterans or exempt volunteer-^
firemen, are also entitled to this protection (Civil Service
Law, S 75[1][a] and [b]).
the trustees to approve the mayor's reappointment of the
incumbent village attorney, the incumbent continues to

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However, in our opinion, such action may not be taken as a
**see belo^acra^nJ73aft^^
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^fc'v5M3T^v*KC^^5e^s^ *baf viwa?il»,^i&gt;*^^grabttyir£,ttggfe iii^oriT&gt;la±3.cn o*
the provisions of Village Law, S 4-400 (1) (c) .

* 5

We conclude that the mayor of a village appoints the
village attorney subject ta the approval of the board of
trustees. Upon a failure to appoint a village attorney,
the incumbent continues to carry out the duties of the
position.

I

ill
•is

I

The Attorney General renders formal opinions only to
officers and departments of the State government* This perforce
is an informal and unofficial expression of views of this office.
Very truly yours.

()ftmj^*&gt;-C^

it's

If

JAMES D. COLE
Assistant Attorney General
rl
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1

means of - neutralizing the mayor's power of appointment. •
Such action could be viewed as a subterfuge.in violation of

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VILLAGE OF NORTH TARRYTOWN
INTERNAL MEMORANDUM

T0

FROM

•

ALL DEPARTMENT HEADS
Mayor Zegarelli

SUBJECT

^ s e °^ Village vehicles

DATE

Jun

e 1&gt; 1983

Please be advised of the following Village policy determined May 31,
1983 and effective immediately:
V~.~;,.- ;*•
* ** «_i^-^ . &gt;

1. Village vehicles are not to be considered personal vehicles ;V\..'.. i—
All Village vehicles assigned to specific department heads or employees
are to be utilized in the executiorxL_pf. vour respective responsibilities
for the Village. " This includesCthes e"7 normal, and; routine.; situations - whic?
require your presence, during various days and times outside normal. Jf\. =
business hours.
_
-•
'.
.' "-_.'"- ' *;\'-%zi^i;^^.~
2. It is the policy, of the Mayor .and Board of Trustees that the use
of a Village vehicle for official use within Westchester County does not
require permission of the respective chairman of your Trustee committee.
Any use of the vehicle outside the County of "Westchester requires the
minimum of notification and approval by your respective Trustee chairman'
3. Under no circumstances are Village vehicles to be utilized for -.'_•-.
personal use. This includes travel and use of a Village vehicle for
vacations, shopping, family use and other activities that in any way, '•• *:
shape or form could be considered outside of official use. „ . " ..
* "._-' •'
4. While there will be cases where exceptions may be necessary* this
policy is to take effect immediately. Violations of the policy will be
handled by the Mayor and Board of Trustees as a whole .and can include
suspended use of the vehicle, monetary penalty and/or "the elimination".
of the vehicle from'your responsibility. Consideration of this situation ii.
should be considered also in the personal context. This "includes the
-J'
possible suspension of the Village's insurance coverage, not only for
the vehicle, but for the person utilizing the vehicle where an accident
or other liability may occur.
The Village will not be the insured -.
party of last resort,
•..-'"
&gt; •

This memo is to be made available to all Village employees. The
Board of Trustees may, from time to time, adjust or otherwise amend
this policy, but until such time, this shall be in effect. If there,
are any problems, questions or suggestions to the above," please feel
free to contact me and/or your committee chairman.
••"•-.

cc: Board of Trustees
Village Counsel
Judge Maroney

"-'*.-

---n »

-' -"***i-5* *"

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%

NORTH TARRYTOWN, N.Y.
May 31st, 1983

SPECIAL MEETING

I it I 1

Mayor Zegarelli called the meeting to order a t 8:00 P.M. and stated
that the purpose of the meeting was to authorize the Village Treasurer to
make the necessary transfers
PRESENT

;

.

.!-•••

Philip E . Zegarelli, Mayor
.
Stephen Maceyak
Vincent Buonanno
. •"."
&gt;
'.:
•'.,-.'
William McBride
•'*.-.; . ••M ^ •".•'.. ; :',i\'
Joseph Lofaro
.•*-.*•
.••':'..•....•.:'. ..., • ,
* Jamea Timmings •"-•
" • ' • - ' ; • . &gt; • • : •-.-...--..-.v &lt;•
• Emmanuel Lobato ,r*».. Trustees
r .•.:•,*.;=: .» .•••,-"&gt;&gt;.--•'^.-:,

Trustee Buonanno moved, seconded b y Trustee Maceyak that the follow!
transfers b e authorzed:
.
:":.'-'
-•.."*,..
A1900.4 Contingency ' * $ 50,654.

$
500.00
T O A1320 Auditor.
A1420 Law-Other Contractual 6,493.98
A1630 Buildings-Other
4,839.00
A33L20 Police-Suburban
12,476-00
A5i82 Street Lights-Per.Ser. 450.00
A8611 E.T-P-A- ." 4,707.00
A9010.8 Retire.Payment
9,590*00
A9730.7 B.A-N- Interest
11,598.02

'•f.i'l

CARRIED.
Tmstee.Buonarmo. moved, .seconded jby .Trustee Maceyak. thai^the T r e a s u r e r . ^
be authorized to" transfer funds within tne .w.iQus a c c o u n ^ " ^ needed ahd;trfat
'her. action w i l l be confirmed, a t the next /regular meeting of .t^^Bpard' of'Trustees.
CarriecL , . ' . '
'
-\": '7~ ~ ' " " . -.
• .y .*.
Trustee Buonanno moved, seconded by Trustee Maceyak that the
Treasurer make the- following transfers i n the water and sewer department:
From F-1990-4 Contingency-

$13,673.00 J^o 'F-8310,1-Su^t".7"* ' '
' --/"' F-8310-l-Clerk %'\ '
•y l F-8310,4-Legal
.***'. ••
• ; F-9060 -Hosp."' ' '"'. **'
'-'"•; '::•"• "•"• F-8310 ^-Equipment'

'!•• *.*.*•• "$•'*»•

From F-8340.2 Equipment

s%

." ' * . } ' ! . "

~:$1,600.04
,7_':_- 728.80
'.' "3,500.00
: : 6,500.00
" 1,344.16
$13,673.00

. •" . •!!"."'i t!?*•.'"•."".* ; •" "'

$10,450.00 to F-8320.2-Power '? ,:
• * - •• -' F-8320.4-Telephone
F-8330.4-Purification

From F-8120.1 Personal Services $4,500. jto F-8320.l-Operators

$'5,500.00
1,450,00
3,500.00
$19,450.00
$ 4,500.00

From F-8340.4 Repairs &amp; Main.

$ 3,956.84

$3,956.84-to F-8310.2~Equipment
fv

CARRIED.

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Ho
•'...«».;i: e. .Trustee Buonanno moved, seconded by Trustee Maceyak that the bills
submitted on the General Fund Warrant dated May 27th, 1982 be paid after
approval by Department Heads and that the Treasurer be authorized to pay
same. Carried.
Trustee Buonanno reported a Cash Balance as of May 31st, 1983
of $700,805.59 which includes Certificate of Deposits in the amount of
$500,000. and estimated revenues to be encumbered- He reported estimates
of a portion of the encumbrances as follows: N.Y.S. Retirement System in
the amount of $271,590. maps for the Assessor-$3,000. Legal Fees-$10,000.)
Fire Alarm System-$4,500. Christmas Lite timers-$3,800. Yaboo Fencing-$4,61
Westchester County-Dump Tickets-$7,000. C.S.E.A. Reserve $40,000. Budgeted
Surplus-1983-84 Budget-$132,654. Misc. Encurabrances-$20,000. Outstanding
Purchase Orders-$49,313.73.
After a discussion Trustee Maceyak moved, seconded by Trustee
Buonanno that the Street Light Maintenance Bid be awarded to Edward
McCarthy, Andrews Lane, North Tarrytown, N.Y- in the amount of $6,970.
for the period June 1st, 1983 to May 31st, 1984Mayor Zegarelli asked if there was anyone present who would like
to address the Board.
t

Mrs.. Constance Homolya, Hudson Terrace asked if she could read a
statement, and proceeded to do so. She stated that the election was over,
th,W Board should put politics aside and also she was ;very distressed about

i

i .1
r«!ir jn'M^BiTiiTi'iyifniMitif i*syw&lt;".,i&gt;i^.

the amount of money being spent on legal fees. She also stated that the
members of the Board should use their precious time on affairs of the
village rather than arguing like children.

\i ''

, k .i'

Trustee Timmings reported that he had received complaints about
the "sign" recently posted on the traffic light at the entrance to Webber
Park.and the matter was referred to the Street Department.
Trustee Lobato and Mayor Zegarelli reported they had received
numerous complaints about the steps at the end of Harwood Avenue. Trustee
Maceyak reported he would investigate the matter.
**.
There being no further business to come before the meeting-Trustee
Buonanno moved, seconded by Trustee Lofaro that the same be duly adjourned*
Respectfully submitted,

C&amp;-

JL_

Irene Amato
Deputy Clerk

Vi""ifii"s
• «i-j*&amp;'

|

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r

HORTH TARRYTOWN, NEW YORK
May 23, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli,
Mayor
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel J. Lobato,
Trustees
Robert J. Ponzini, Counsel

Mayor Zegarelli called the meeting to order at 8:00 P.M. with
a prayer and salute to the flag.
Mayor Zegarelli called for approval of the minutes of the meeting
held on April 4, 11, 18, April 25, April 27, April 30 and May 9th.
Trustee Timmings so moved, seconded by Mayor Zegarelli.
Trustees McBride, Buonanno, Lofaro, Lobato voted No.
Timmings and Mayor Zegarelli voted Yes.

Trustee

Trustee Timmings stated that this holding up action of the Village
is something in excess of a month.
He suggested that the people who
object to the minutes should put their corrections in writing so that
they can be evaluated and voted upon. Over a month of Village action
and not having confirmed minutes presents a problem, he said.
Mayor Zegarelli agreed and urged Trustees to submit their suggestions
in writing.
Mayor Zegarelli called for bids on labor and material for the
installation of 500 cold water meters.
Treasurer Amato opened the following bids:
Water Works Equipment Co., W. Main St., Tarrytown, N.Y.
Unit price - $50.75
Total price - $25,375.
Allowed $2,000 credit for old meters which would bring the bid cost
down to $23,375.
Check in the amount of $2575.00 enclosed.
Central Installation Co., Fraser, Michigan
Installation of 500 meters @ $29.50 per unit - Total $14,750.
Cash in the amount of $1500.00 enclosed.
Trustee Buonanno moved, seconded by Trustee Maceyak that the bids be

�T[]ir

/\o

-2referred to the public works committee for review and report at the
next meeting.
Carried.
Mayor Zegarelli called for bids on the street light maintenance
contract for the year commencing June 1, 1983 - May 31, 1984.
Treasurer Amato opened the following bid:
Edward McCarthy, 2 Andrews Lane, No. Tarrytown, N.Y. $6970.00,
Check in the amount of $697 enclosed.
Trustee Buonanno moved, seconded by Trustee Maceyak that the bid
be referred to the police committee for review and report at the next
special meeting of the Board on May 31st.
Carried.
' £3 ti'i

til

Mayor Zegarelli asked if there was anyone present who would like
to address the Board.

Mrs. Brown, 12 Lawrence Avenue, complained about the property at
21 Beekman Avenue.
She stated that it was an eyesore and'that the
area is infested with rats, etc.
She stated that grease is coming uj
out of the ground.

Mr. Page stated that an adjournment was granted by the local coui
last Thursday regarding the matter of 21 Beekman Avenue. He stated tt
he investigated the complaint about the grease, but cannot find out
from where it is coming. He stated that he believes it is being dump
up the hill and is working its way down into the empty lot. He is
continuing his investigation.
ft ,l!

".•v :

-r 'I M r

Trustee Maceyak moved, seconded by Trustee Lofaro that the Villag
Prosecutor be present at the meeting on the 31st with an up-to-date
report on pending matters.
Mr. Anthony Fiorillo, 3 Birch Close, stated that there was a
difference of opinion in the matter of picking up leaves and brush on
his street.
He stated that he has not received a pickup since the
first part of February. The sweeper goes through other streets twice
a week, said Mr. Fiorillo, He stated that he is paying for services
which he does not receive.
Mayor Zegarelli stated that he contacted John Biros when he had
made the complaint.

Trustee Maceyak stated that Mr. Fiorillo is aware of the ordinandi
regarding bagging of leaves, however, Mr. Fiorillo stated that the lea
were there before the ordinance went into effect.

Trustee Maceyak stated that he investigated the complaint and fou
that his neighbors were also in violation and were issued a summons.
They then bagged their leaves.

M K

Mr. Biros stated that the sweeper cannot go into the street becaj
of the swail in the road, however, the men from the street department*!
the leaves with a vacuum. He stated that Mr, Fiorillo had added to thi
situation since he received the summons.
Mr. Fiorillo stated that all the people on Beekman Avenue should
put their materials in bundles also.

I'LL

&amp;

,„;,i. ; » * -

�7/

-3Following a discussion, Mayor Zegarelli stated that the Village
will take care of its responsibility, however, the bagging is still in
effect.
Mr. Donald Caetano, Lawrence Avenue, stated that he delivers in
the Village 3 - 4 times* per week and in his observation, there are large I
pickup days on Beekman Avenue whereby although the men are doing a good '.
job, there is a lot of time wasted. He stated that time can be saved
j
if boxes were broken down and tied, as well as other materials placed
in containers.
Mr. Caetano stated that Beekman Avenue businesses should be
responsible for their sidewalks. There is no necessity for the Village
to sweep their sidewalks, said Trustee Caetano.
Trustee Maceyak stated that a letter was sent out to merchants
informing them of the litter ordinance and that they must sweep their
sidewalks. Many merchants have received summonses, he said.
REPORTS OF COMMITTEES
PUBLIC WORKS
Trustee Maceyak gave the following report:
Quarterly meter readings have now been completed. The semi-annual
inspection and flushing of fire hydrants is in progress. Hours from
9 P.M. - 3 A.M. The Village proper and Webber Park have been completed
and this week, the Manors.
Trustee Maceyak stated that Richard Gross has completed the Health
Department Grade IIB Water Treatment Course and moved that he be appointee
Water &amp; Sewer Maintenance Man Grade II on provisional basis, effective
May 27, 1983 at no change in salary, seconded by Trustee Timmings. Carried
Balance as of May 23, 1983 in Water &amp; Sewer Account - $61,635.
• Trustee Maceyak read a letter from L &amp; R Popovitch, 274 Kelbourne
Avenue, complimenting the street department, especially John Thaler, Sr.
for the work they are performing in improving the lawns, shrubbery,
etc. on Riverside Drive.
Removed roots from 12" storm drain between Fremont Road and Broadway.
Raised sanitary sewer manhole in back of Barnhart Park approximately
three feet. Replaced sidewalks on Beekman Avenue, Farrington Avenue
and placed a new concrete as a floor for the dugouts at Devries Avenue
field.
Flower boxes have been placed on the school wall on Beekman Avenue
and Municipal Building and the islands. The boxes were constructed by
Mike Apollonio and Charlie Annicharico,
County Asphalt anticipates starting next Wednesday resurfacing
parts of Beekman Avenue and Holland Avenue, Residents will be informed
of the schedule so that they will not be inconvenienced.

�-4POLICE &amp; LIGHT
Trustee McBride stated that warrants will be issued to scofflawj
of parking tickets totaling $100 or more. People will be brought in
on a daily basis, he said. This program will commence on Wednesday,
said Trustee McBride.
Trustee McBride stated that a three day Executive Development
Seminar in cooperation with the N.Y.S. Association of Chiefs of Policj
will be held June 1-3 at Union Carbide. The Chief will attend at no
cost to the Village, if his schedule allows.

With regard to the request to eliminate the bus stop on Valley
Street and College Avenue, Trustee McBride stated that the police
committee and Chief suggested that the bus stop be placed across from
Frank Chevrolet which would add parking spaces. He stated that a flye
could be circulated to the residents for their opinion.

A discussion was held regarding two locations, after which Trust
McBride moved, seconded by Trustee Buonanno that a public hearing be
held on June 13th to remove the, bus stop designated at Valley Street south of Co
Ave., west side; to-either the west side, north;of Valley and:College Ave. or south*
of Frank Chevrolet; Vallev Street. ..-Carried. „
-i . _ . r.
...±SL ' 1.
Mr. Checchi offered to obtain opinions from people who use the
bus.
Trustee McBride stated that he is in receipt of a request from
Captain Car dwell of the Auxiliary Police that the Village pay for tht
parking space for their jeep wagon which is parked in the rear of the
Municipal Building. The fee is $8 per month.
Trustee McBride moved, seconded by Trustee Timmings that the
Village absorb the/Pi^fi&amp;iffe^Sing June 1st, 1983.
Carried.

Trustee McBride stated that we have had a retirement within the
police department.
Although four candidates were interviewed from th
list:, we have considered a possible transfer, said Trustee McBride.

Trustee McBride moved, seconded by Trustee Buonanno that Michael
Ulacco be appointed Patrolman in and for the Village of North Tarrytos
to fill the vacancy created by the retirement of Patrolman Mockler, sa
position will be a transfer from the City of Rye or a reinstatement to
the current County and Villages list, subject to twelve weeks' probat
period, effective June 6, 1983, at a Grade III salary which is at presi
$20,960. per annum.
Carried.
Trustee McBride stated that Sgt. William Patten has satisfactory
completed his probationary period and moved that he be place on perman
basis, effective May 20, 1983, seconded by Trustee Buonanno. Carried.
FINANCE
Trustee Buonanno reported a balance of $500,000. in the General
Fund as of May 23, 1983.

Trustee Buonanno moved, seconded by Trustee Maceyak that Tax Sale
Certificate #25 in the name of McLean Cable be cancelled since their
gross receipts are more than the amount of taxes.

�*3

-5Trustee Buonanno amended the resolution to include as per their
special franchise agreement, seconded by Trustee Lobato.
Trustee Buonanno stated that the certificate was in the amount of
$2075.94 and gross receipts amounted to $3345.67 and were paid to the
Village in quarterly payments.
On the question, Trustee Timmings inquired if a precedent was being
set since other utilities pay real estate taxes and gross receipts taxes,
Trustee Buonanno stated that the Village received $1300 more than
we would have received.
The amendment and motion carried.
Trustee Buonanno moved that a special meeting be held on May 31st
for the purpose of transferring funds through various accounts, seconded
by Trustee Lofaro.
Carried.
Trustee Buonanno stated that each member of the Board has a copy
of the General Obligation of Bonds submitted to the bonding attorney.
The paper work has been submitted from the Village standpoint, he said.
He stated that we will know what the interest rate will be and the
rate for the sale of the bonds will be on Friday, when the bonds will
be sold.
Trustee Buonanno stated that he attended a meeting on May 18th
with members of the Tarrytown Board and HUD at the C.O.C. for purposes
of determining a method of accountability in the finance program that
they will offer since we will be sharing in the cost. The Droblem of
determining the method of payment for operational cost of the C.O.C.
will be determined when Joseph Faiella, Administrator of Tarrytown,
gives us information, he said.

i

TAX EXEMPT
Trustee Timmings stated that he contacted Supervisor Rovello to
meet with this Board to which he agreed.
He stated that an agenda
be sent to him as to what we would like to discuss. Dates available
for the meeting were set for either June 1, 2 or 3.

r

Trustee Timmings stated that Mr. Page and Mr, Wright, former Assessor
had compiled a summary of tax exempt property, a copy of which is attachec
He stated that quite obviously exempt property is growing a lot faster
than assessables.
LABOR RELATIONS
Trustee Lobato stated that Ptl. Robert Nevelus has submitted a
claim for mileage when he attended mandatory school. The committee has
recommended that the claim be paid and so moved that his traveling
expenses in the amount of $325 be paid, seconded by Trustee Timmings.
Following a discussion on the motion, Trustee Lobato amended the
motion not in prejudice or derogation of existing Village policy in the
payment of traveling expenses, seconded by Trustee Timmings.

�-6Mayor Zegarelli stated that mandatory school is part of heing a
patrolman. It is their job to go to school at his own expense because
he is paid to do so. He has no other responsibilities or duties in
the department when he is in school.
Motion carried while Mayor Zegarelli voted "No".
Trustee Lobato stated that the committee is presently negotiatinj
with the PBA. The Board was fully advised of the negotiations and was
given the opportunity on the course of negotiations and we will take
them into consideration, he said. Negotiations will be continued
tomorrow evening, said Trustee Lobato.
79 COLLEGE AVENUE
Trustee Timmings moved that the Board of Directors of 79 College
Avenue meet after the Board meeting, seconded by Trustee Maceyak. Can
RECREATION-SENIOR CITIZENS
Trustee Maceyak gave the following report:
Pat Lofaro will be attending Senior Citizen meetings as a liaison
between the Senior Citizens and the Recreation Committee.
The North Tarrytown Recreation Men's Softball League started its
season on May 17th.
The season will end late in August.
j
The Bike Rodeo was held on May 21st.
Twenty-five childred show!
up to have their bicycles inspected, registered and participated in th
rodeo with trophies going to winners.
Trustee Maceyak stated that the Town of Mt. Pleasant pool is now
opened to residents of North Tarrytown. Tennis courts, picnic areas,
shuffle board and other recreational activities will also be available,
he said. The fees are $195 per season per family; individual $75 a
season, daily $25 and $2 per day.
The Senior Citizens met on May 16th with 125 members attending,
said Trustee Maceyak. Their balance is $3338.63. Plans are being mad(
for a clambake, Radio City, Atlantic City. On July 13th, the citizens
will hold their annual picnic at Kingsland Point Park and members of
the Board are invited.
Trustee Maceyak stated that at the last meeting, a letter from th«
Recreation Commission was read regarding the termination of William I
Shroba as a member because he was absent for three consecutive meeting
Trustee Maceyak moved that Charles DePalo be appointed a member oi
the Recreation Commission, seconded by Trustee Lobato.
n
Trustee Maceyak stated that Mr. DePalo has been active in the 1
Recreation Department and has approached members in prior years of higj
willingness to serve on this commission. He stated that he would like
to balance the commission and it would be three females and two males.

^jr-ar*^ T $ * ^w _ ^ v i i

�r$r
-7Mayor Zegarelli stated that he does not feel that he, Trustee
Maceyak, has the power to appoint and would like to see a compromise
with Eva Piedemonte and Elias Tserides on the commission to which he
would be agreeable.
Based on the position that we both have taken to court, he does
not recognize this as an appointment and that Piedemonte stays in.
Trustee Lobato appealed the decision of the Chair, seconded by
Trustee Maceyak.
On the appeal, Trustees Maceyak, McBride, Buonanno and Lofaro
voted for the appeal, while Trustee Timmings abstained.
The Mayor did not vote.
On the motion, Trustees McBride, Buonanno, Maceyak, Lofaro voted
"Yes" while Trustee Timmings abstained.
The Mayor did not vote.
ADMINISTRATION
Trustee Buonanno stated that the Village will receive a discount
of 20% similar to that given to the School Board, for purchases made at
Ross Hardware.
Trustee Buonanno stated that our tax maps require an updating and
moved that Charles Riley be hired to update the maps as outlined in the
proposal not to exceed $2900, seconded by Trustee Lofaro.
Carried.
FIRE
Trustee Lofaro stated that Union Hose apparatus is back in service.
The Hook &amp; Ladder truck is back. Trucks are in good shape, said Trustee
Lofaro. June 11th will be the inspection of firehouses, said Trustee
Lofaro.
Trustee Timmings stated that one of the fire chief's car has been
out of Town and inquired if this was with the approval of the Board.
Trustee Lofaro stated that he will investigate the matter.
MAYOR'S REPORT
Mayor Zegarelli acknowledged several memorandums from the Village
Attorney, C. Harold concerning the police, 48 Pocantico St.-Search for
Change, video games.
Referring to Counsel's memo on video games, Trustee Lobato stated
that all that the owner was requesting was for an establishment to have
games within 200 ft. of school property line which will not^Spened during
school hours. The way it is written^would not allow for the machines to
be maintained on premises within 200 ft, of school property line.
Counsel stated that this can be changed after the hearing.

�-8-

Mayor Zegarelli noted Counsel's memo on Thomas Brown regarding a
determination of the Equal Opportunity Commission dismissing the charg
that Mr. Brown filed against the Village with the Equal Employment
Opportunity Commission and the N.Y.S. Division of Human Rights which
claimed discrimination.

Mayor Zegarelli stated that Counsel reviewed the contract with
County Asphalt for road improvement work and has approved it as to foi
and content.

Trustee Timmings moved that the Mayor be authorized to sign same,
seconded by Trustee Lofaro.
Carried.

Mayor Zegarelli moved that Charles Riley be authorized to survey
a parcel of land known as Section 15, Block 2, Lot 7 in the amount of
$500, seconded by Trustee Buonanno.
Carried.
The letter from Dr. Ippolito regarding Fremont Pond was referred
to Trustee Lobato, Chairman, Governmental Relations Committee.

Mayor Zegarelli stated that he has been in a discussion with
Mr. Doorley that the balance of funds left in the Small Cities Prograi
is approximately 1787.45. He stated that Mr. Doorley feels that he
should leave his post as of May 31st.
An audit of the final two year
would be required.

Mayor Zegarelli moved that the week of May 22-28th be proclaimed,
Public Works Week, seconded by Trustee Timmings,
Carried.

Mayor Zegarelli noted a copy of a letter from the Zoning Board o*
Appeals to him recommending that Davis Place be sold to adjacent prop
owners.
The matter was referred to the Tax Exempt Committee for a formal
proposal.
A complaint against McLean Cable was referred to Counsel.
COMMUNICATIONS
Communication from Mrs. Rose Brophy, 287 No. Washington Street,
requesting the removal of a dead tree was read and referred to the
public works committee.

Communication from Johann Metternich, 20 Hudson Terrace, requesti
sidewalk repairs was read and referred to the public works committee.

Communication from Mr. &amp;Mrs. G. Gagliardi, 203 No. Washington St
requesting sidewalk repairs was read and referred to the public works
committee.

�7

7

-9UNFINISHED BUSINESS
Mrs. Marie Parnell addressed the Board that a letter should have
been sent by the Fire Wardens approving her as a fire person in Fire
Patrol Company.
It was stated that neither the Clerk nor the Fire Commissioner
received the letter.
In lieu of the fact
quick call to one of the
by Trustee Buonanno that
Parnell a member of Fire

that the letter was not received, but after a
fire chief's, Trustee Lofaro moved, seconded
action of Fire Council in approving Marie
Patrol be confirmed by the Board,
Carried.
NEW BUSINESS

Trustee Lobato moved, seconded by Trustee Timmings that June 14th,
1983 be designated as National Flag Day.
Carried.
Trustee Buonanno stated that there are several bills that were not
placed on the warrant but were received this evening, Abinanti; Belkin,
Natale &amp; Oxman and R. Ponzini and moved that they be approved for
payment, seconded by Trustee Lofaro.
Carried.
Trustee Maceyak moved, seconded by Trustee Lobato that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated May 23,
1983 be paid after approval by department heads and that the Treasurer
be authorized to pay same and that a copy of this resolution be attached
to the warrants.
Carried,
There being no further business to come before the meeting,
Trustee Lofaro moved, seconded by Trustee Timmings that the same be
duly adjourned.
Carried.
Respectfully submitted,

fclfT^U^U

faM^^r/

Filomena Fallacaro
Clerk

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NORTH TARRYTOWN, N.Y.
May 9, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli,
Mayor
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings,
Trustees
Robert J. Ponzini, Counsel

Absent

Stephen Maceyak
Emmanuel Lobato,
Trustees
Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
Mayor Zegarelli stated that there are a series of minutes to be
approved and moved the adoption of the minutes of the meetings held on
April 4, 11th, 18th, 25th, 27th and 30th, seconded by Trustee Timmings.
Trustee Timmings stated that he and the Mayor voted "No" on
resolutions #2 and #3 in the minutes of April 30th.
Trustee Buonanno stated that Trustee Lobato voted "No" in the
first motion in the minutes of April 30th.
Trustee Timmings moved that Trustee Lobato be given a chance to
come in and review them and still have a chance to make changes if
the rest of the Board agrees with them, seconded by Mayor Zegarelli.
Trustee Buonanno moved that the motion be amended to allow the two
absent Trustees to make changes that they would like incorporated in the
minutes or the previous meetings and delete the acceptance of the previous
meetings and accept the minutes of April 25th, seconded by Trustee Lofaro.
On the amendment:
Trustee McBride - Yes
"
Buonanno - Yes
it
Lofaro Yes

Trustee Timmings - No

Mayor Zegarelli voted "No". He stated that four votes were necessary
to pass an amendment, therefore, it does not pass.
On the motion:
Trustee McBride
"
Buonanno
"
Lofaro

- No
- No
- No

Mayor Zegarelli voted "Yes".

Trustee Timmings - Yes

�-2Motion to adopt the minutes of all the meetings fails
there is a 3 - 2 vote.

since

Mayor Zegarelli suggested that Trustees Maceyak and Lobato revic
the minutes and if they found corrections submit them in writing to
the Clerk in advance at the next Board meeting for discussion and
inclusion into the minutes. He stated that the minutes reflect what 1
transpired at the individual meetings. If people have a difference of
opinion as to what happened they should make it known in the current
minutes, but not hold up approval of them.
Mayor Zegarelli asked if there was anyone present who would like
to address the Board may do so at this time. No one appearing before
the Board, the regular order of business resumed,
REPORTS OF COMMITTEES
PUBLIC WORKS

In the absence of Trustee Maceyak, Trustee Buonanno reported that
the committee reviewed the bids received for road improvement work on
portions of Beekman Avenue and Holland Avenue and moved that the bid
be awarded to County Asphalt, Inc. in the amount of $44,940 according
to specifications, seconded by Trustee Timmings. Money will be paid I
from the CHIPS program.
Carried.
1
Trustee Buonanno stated that the bids for the one ton dump body]
truck with snow plow were reviewed by the committee and moved that tfc
bid be awarded to Willow Motor Sales in the amount of $14,612.50,
seconded by Trustee Lofaro,
Money to come from the current budget,
Mayor Zegarelli amended the resolution to have Counsel approve
the documentation first, seconded by Trustee Timmings.
Carried.

Trustee Buonanno moved, seconded by Trustee McBride that the Mayoi
be authorized to sign the contract between the County of Westchester
and the Village of North Tarrytown to provide a grant under Urban Count
for catch basin and sidewalks, etc., upon approval of Counsel. Carried,
Bank balance in the water and sewer account as of May 9th, $61,611
POLICE
Trustee McBride gave the following report for the month of April:
(in detail official minutes)
Trustee McBride reported that the contract with the SPCA for dog
shelter in the amount of $1980.00 for the year 1983-84 has been approvf
by Counsel and moved that the Mayor be authorized to sign same, secoti
by Trustee Buonanno.
Carried.
Trustee McBride stated that Ptl. Ronald Biro will receive a rewal
from the Westchester County PBA for 1982 for saving the life of a 12 f
old boy. The award will be given to him on May 17th.

Trustee McBride moved that a certificate of award be presented to
Ptl. Biro, seconded by Trustee Lofaro.
Carried.

�£o

-3Trustee McBride stated that the committee met recently to discuss
the need for additional space for the Detective Division. Since other
departments are involved, the committee will discuss how the change
will affect them.
Trustee Timmings suggested that we ask the Technical Service
Review Board to look this over and give us more of a professional
breakdown.
Trustee McBride stated that a recent patrolman list from the
personnel office brought in three affirmative answers. A letter will
be sent out for interviews, said Trustee McBride.
Trustee McBride moved to confirm action of the committee for the
purchase of a suburban through State purchasing to be used on regular
patrol at a cost of $12,476, payment out of current funds, seconded by
Trustee Timmings. Carried.
Trustee McBride moved, seconded by Trustee Buonanno that the
Village of North Tarrytown support the resolution of the Westchester
County Chiefs of Police Association to change the curfew hours from
4:00 A.M. - 2:00 A.M. for bars and social clubs.
Carried.
LABOR RELATIONS
In the absence of Trustee Lobato, Trustee McBride moved that
an informational hearing be held on June 14th regarding a request
from CRISP (Search for Change) for a group home on the former Occhipinti
property on Pocantico Street, seconded by Trustee Buonanno.
Carried.
In the absence of Trustee Lobato, Trustee McBride stated that the
Board met to discuss the request of L. Rodriguez Enterprises, owner of
the Strand Roller Skating Center, to operate video machines. During
the discussion, it was stated that the Center would not operate the
machines while school was in session.
Trustee McBride moved that a public hearing be held on June 13, 1983
to consider a proposed amendment to Local Law #4 of 1982 allowing video
games in the Strand Roller Skating Center, seconded by Trustee Buonanno.
Carried.
FINANCE
Trustee Buonanno reported a cash balance of $768,472.89 in the
General Fund as of May 9, 1983.
Trustee Buonanno moved, seconded by Trustee Lofaro that action of
the Treasurer in paying several bills in connection with 79 College
Avenue, as well as authorizing her signature on checks be confirmed.
Carried.
* see below
TAX EXEMPT
Trustee Timmings stated that the committee discussed assessments
and tax rates compared to constitutional tax limit by margin and percent
for the years 1972-83 and will have a copy for each member of the Board.
^Trustee Buonanno moved that action of the Village Treasurer in
depositing certificates of deposit with the First National Bank of
North Tarrytown in the amount of $300,000.00 be confirmed, seconded
by Trustee Lofaro.
Carried.

�-4Trustee Timmings stated that he is in receipt of data on tax
exempt property in the Village and will have a complete report at the
next meeting.

Trustee Timmings moved, seconded by Trustee Lofaro that the
Board hold a brief recess to take up matters of 79 College Avenue. Ca
Regular order of business resumed.
ADMINISTRATION
Trustee Buonanno offered the following resolution, seconded by
Trustee Lofaro:
WHEREAS Almighty God has seen fit to take unto Himself the soul
of the late Thomas Booth, and
WHEREAS the said Thomas Booth was the former Supt. of Alarms
for the Village of North Tarrytown having been held in the highest
esteem by all those who knew him, now, therefore, be it
RESOLVED that the Board of Trustees take official notice of
Thomas Booth's death, and be it further
RESOLVED that this resolution be made a part of the official
minutes of this meeting and a copy sent to the family of the deceased.
Carried.
«
FIRE
Trustee Lofaro stated that with regard to the letter received
from the Sec'y. of Union Hose Company regarding conditions existing
in their quarters, the matter will be taken care of by the custodian.

Trustee Lofaro moved that specifications be prepared and bids be
returned on a 1500 gpm pumper, cab ahead of engine design with a five
man canopy cab on July 11, 1983, seconded by Trustee Buonanno. Carried,
RECREATION
In the absence of Trustee Maceyak, Trustee Buonanno reported that
the Tiny Tot Baseball started this past Saturday. The summer brochure
will be out by May 16th and will include an all day camp information.
Soccer, girls' softball and Dads' Club baseball are underway. There
was no vandalism.
Trustee Buonanno stated that Mr. Lofaro would like to have the
Chief of Police investigate the youths in Barnhart and Douglas Parks.
MAYOR'S REPORT
Mayor Zegarelli stated that he was in Albany at NYCOM during whi
discussions were held regarding workers compensation insurance which
has been created by NYCOM for public employees. The insurance would
placed through Frank B. Hall, said the Mayor, He stated that he would
like the Treasurer and Trustee Buonanno to ascertain the cost for our
Village to join and if the rates would be comparable to what we are
paying now.

�£
•

-5Mayor Zegarelli stated that he is in receipt of a membership form
from National Cities League.
Trustee Buonanno moved, seconded by Trustee Lofaro that we remain
in the organization for another year.
Carried.
Mayor Zegarelli stated that he is in receipt of a list of events
from County Executive O'Rourke in celebration of the County of WestchesteA
300th Birthday.
Mayor Zegarelli stated that the mortgage with the Strand Roller
Skating Center has been satisfied.

\
'

Trustee Timmings moved, seconded by Trustee Buonanno that the
Mayor be authorized to sign the satisfaction.
Carried.
Mayor Zegarelli stated that a memo was received from Counsel
regarding a certified audit from McClean Cable Associates which he
reviewed with respect to legality and form and found correct in all
respects.
Counsel has requested that the Board review it also, said
the Mayor.
Mayor Zegarelli stated that he issued a memo regarding a meeting
he attended on May 3rd with the County Board of Legislators concerning
the proposed garbage transfer station. He stated that a response was
received from the Supt. of Public Works, John Biros. Both copies will
be inserted into the minutes, said the Mayor.

1IH

Mayor Zegarelli stated that he received calls from residents on
Devries Avenue regarding people riding motor bikes on property on the
south side of Devries Avenue and was questioning as to whether or not
they would be covered with insurance.
He stated that some of the
property is owned by the Restoration and County. He suggested that
the police investigate the matter.
Mayor Zegarelli stated that the Village Officials1 meeting will
be held on Thursday at Mamaroneck.
At this time, Mr. Ugo Checchi member of the Traffic &amp; Transportation
Commission inquired if their members could meet with the Board to outline !
some of the items that have been discussed, as well as investigations
they have done. They would like to bring the Board up-to-date before
the report is made public, he said.
Mayor Zegarelli stated that the Board is holding a work session on
May 18th and will meet with his committee at that time.
Mayor Zegarelli asked Mr. Checchi to investigate the bus stop in
question on Valley Street and College Avenue which has taken away four
parking spaces.

•

Mr. Checchi stated that he will be meeting with the Chief of Police regarding the matter.
•

Trustee McBride stated that the request made at a previous meeting
for the removal of the bus stop was misunderstood. Another bus stop
was looked into, instead.

�-6-

Mayor Zegarelli stated that during a recent discussion of a
proposed Village Administrator, he is suggesting a group of blue ribbc
citizens to study one of the recommendations in the secession report!
investigate whether or not an administrator would be feasible. He al
suggested that a panel of people who are not elected officials or 1
appointees to serve as interviewers and asked the Board to come up I
with a group of names, together with the Mayor.
Trustee Buonanno stated that Mrst Peggy Slavin would be more thai
happy to outline to the Board the duties of an administrator.
Mayor Zegarelli noted a memo from Counsel regarding Arnell
Construction's claim.
Mayor Zegarelli stated that a copy of a letter sent to Lawrence
Salley, Division of Housing &amp; Community Development, from Gennaro J.
Faiella, Administrator of Tarry town, was received regarding a meeting
with the County to discuss the monitoring of the C.O.C. program. It
was requested that a representative from North Tarrytown be in attend;
at the meeting to be held on May 17th in Tarrytown Village Hall.
Trustee Buonanno stated that he would attend the meeting.

Mayor Zegarelli stated that former Trustee Peter Soriano left hii
material regarding the developing of waterfront property which he will
review and discuss with the Board the remaining parcel of land that
the Village owns on the waterfront.
[

Mayor Zegarelli stated that he received a news release from the |
N.Y.S. Division of Housing &amp; Community Renewal regarding the redraftL
of the Fire Prevention and Building Codes which he will refer to Mr.
Page.
COMMUNICATIONS
Communication from Neil Gollogly, 41 Gory Brook Road, regarding
sidewalk repairs was read and referred to the public works committee.

With regard to a recent communication from Lidia Cruz, on behalf
of the Dominican Club requesting a permit to hold a dance on May 28th
at the Strand Roller Skating Center, the Clerk informed the Board that
alcoholic beverages will be served as per investigation of the Chief oi
Police.

After a discussion, the Mayor moved, seconded by Trustee Lofaro
that a permit be granted and that the dance be adequately policed by
an off-duty officer, since alcoholic beverages will be served and mino
will be attending.
Carried.
Communication signed by Jennifer Dolan, Eileen Meade and Mary
Vizvary, members of the Recreation Commission attaching a letter sent
to Willi am Shroba removing him from the Recreation Commission because
he missed three consecutive meetings was read.
The members stated in their letter that the commission is left
with four members and are requesting that Eva Piedemonte be re-appoint
to the commission.

�£&lt;f

-7Trustee Buonanno moved to refer the matter to committee, seconded
by Trustee McBride.
Trustee McBride stated that the Chairman of Recreation Committee
is not here and the matter should be discussed with his committee.
Mrs. Meade stated that interviews for the Day Camp program have
been set up for next week and since one member will be away, it would
leave the commission with three people.
She stated that Miss Piedemonte
has worked very hard and she is needed on the commission.
Trustee McBride stated that no one is saying that she cannot be
on the commission, but that the chairman is sick, after which Mrs. Meade
stated that he was well-aware of this letter.
Mayor Zegarelli stated that he was willing to go along with Eva
Piedemonte and Elias Tsekerides on the commission and so moved, seconded
by Trustee Timmings.
Trustee Buonanno moved to table the motion, seconded by Trustee
Lofaro.
On the table, Trustee McBride - Yes
"
Buonanno - Yes
"
Lofaro - Yes

Trustee Timmings - No

Mayor Zegarelli voted "No".
Motion to table fails.
On the question, Trustee McBride - No
"
Buonanno - No
"
Lofaro
- No

Trustee Timmings - Yes

Mayor Zegarelli voted "Yes"
Motion fails.
UNFINISHED BUSINESS
Mayor Zegarelli stated that a memo has been received from Counsel
regarding petitions filed by General Motors and the Van Tassel. The
school board is meeting tomorrow night to discuss the matter.
Mayor Zegarelli stated that he will attend and Trustee Buonanno
stated that he will attend also.
With regard to the bills on the General Fund and Water &amp; Sewer
,
warrants, Trustee Buonanno stated that he has approved the bill submitted •
by Counsel on the General Fund warrant and will pay the bill without
prejudice to their oosition pending the court case, after which the Mayor
so moved that the bills on the May 9th, 1983 warrants be paid after
approval by department heads and that the Treasurer be authorized to pay
same and that a copy of this resolution be attached to the warrants.Carrie
No further business to come before the meeting, Trustee Buonanno move
seconded by Trustee Lofaro that the same be duly adjourned. Carried

/ Filomena Fallacaro, Clerk

�t

/

TELEPHONE

(914)631-0800

^*J$h^

KICHARDJ.SPC
CM*/ of fditt

police department
Village of Jlortijfltartptofom,J i §*. 10591
POLICE REPORT

APRIL

Total Number Charged by Police:
. 1 • Arrested
2. Summoned
•

•""- ',

"C'^Y*

;%

-...-,, , v , •-- . .
v

•' '•

^''Y - .

.

J»

1983

-

^

. . . .

96
.1037

Y Y Total !•
.

-.

1133 V

«

•• J

.

I _

Persons Charged with Crimes or Violations:
T
1. V&amp;T Moving Violations.. ...
47
i!
' . 2. V&amp;T Non-Moving Violations
'.
............ . ' 2
3. D.W.I
7
4. Operating with a Suspended or Revoked Li cense.
4
A 5• Harassmentv
4
6. Unlawful Possession of Marijuana
»
1
i 7. DisorderiyvConduct
........;..... '6
• 8. Possession of Gambling Records 2nd...'.
•"•'•'•*
1
9 • Criminal Trespass 3rd
1
10. V.O. - Soliciting without a Permit
2
11 • Criminal Possession of Stolen Property 1st.
2
.12. Criminal Possession of Stolen Property 2nd
.
......
1 ,
13. Criminal Mischief
.'
'.'.. V •...".. '''•... .
2
14. Grand Larceny 3rd
1
15. Assault 2nd
•
1
16. Resisting Arrest
1 •
17. Obstructing Governmental Administration
1
18. Escape 2nd;.
1
i

-

19.

Dog Ordinance V i o l a t i o n s

•

Total

11
96

�^

TELEPHONE
[914)

^Wfe^Sr^}
^^J87i^

fol-0800

RICHARD J. SPOTA
Cbitf of Polk*

polite Bepattment
Village of Jfcrft GTarrptofem, J£. g . 10591
parking Violations*
1. Metered Parking
2• Other Parking Violations

'

,,,,-'.
'.'.".
' !

investigations o f
[nvesti g a t i o n s o f
investigations of
iding ,of . I n j u r e d

Reported Felonies
O t h e r Complaints
Auto A c c i d e n t s
a t Accidents
- :,; ..

police Aid t o S i c k P e r s o n s •
ibulance R e q u e s t s
Responding t o Alarms
Jscorts
Irrests on W a r r a n t s
iissing P e r s o n s
••

171
"866

Total

1037

•

B
262
21
6

'.;

* c;:,'v ,

• A..;;h

..'•

Total

•

.

,' ,297 ^

36
•
24
17.
. ' . . . . . . ' r*9
2
•
3

•

&gt;A

leaking 47 Dark Houses
Assistance O t h e r t h a n Above *\'.\~i

1

.•
'.'...
•"•';•;.

•v^.;:.

r

."•.';'
Total

••

;

•••

-•,--

.•,,.-,;.«.••

•. R e s p e c t f u l l y submitted,

.#.'. '
•»-

318 ,
274 •; :
684

-"f.-rif:..-

:

�VILLAGE OF NORTH TARRYTOWN
INTERNAL MEMORANDUM

TO

Board of Trustees

FROM

Mayor Zegarelli

SUBJECT

Garbage transfer station

DATE

Ma

Y 6, 1983

On May 3, 1983, I was contacted to attend an urgent 5:00 P.M.
meeting with, the County Board of Legislators concerning their new
proposal regarding the proposed garbage transfer station. As you
know, the County Board has designated Elmsford as the site for the
garbage transfer station; however, apparently, there is a new alte
in mind.
This alternative is TO NOT build any transfer station for this
Villages such as North Tarrytown, would truck the garbage^directly
Peekskill for inclusion into the garbage system. The contraversy • ;
regarding the garbage transfer station of course is based on the fac
that no one wants the station itself, and there is a feeling as note
by Greenburgh Superintendent Louis Giampiccolo that'communities in t
Town of Mt. Pleasant and Villages in the northern end of Greenburgh
could truck their garbage directly to Peekskill with only" a minimum
amount of effort and expense. This is in particular a strong point
when you view the total expense to build a transfer station to maint
it and to mann it. Irregardless of this decision, we would still be:
paying $17.00 a ton for disposal of garbage. Interestingly, Villages
in central and south Greenburgh would go to the Yonkers Thruway
compaction station and then have their garbage hauled north to Peeks
There are numerous other areas that have to be addressed by the
County which seems to be of the mind to go in this direction. I did
not commit the Village to this program, although bearing in mind the
expense for a new transfer station agrees to this solution. More
information will be forthcoming at which time we can sit down and dis
this matter.
Note:

For John Biros:

Please calculate any expense or use of time and equipment tha
may result in trucking our garbage directly to Peekskill as comp
to a transfer station site in Elmsford,

cc: Counsel Ponzini
John Biros

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SPECIAL MEETING

NORTH TARRYTOWN, N..Y.
April 30th, 1983

A Special Meeting was held before the Board of Trustees of the
Village of North Tarrytown, N.Y. for the purpose of adopting the Budget
for the fiscal year June 1st, 1983 to May 31st, 1984. The Meeting to
adopt the Budget held on April 27th, 1983 was attended by a quorum of
the Board but Village Law provides that a majority of the total Board
must vote in favor of the adoption of a Budget.
Mayor Zegarelli stated that the meeting had been called for 10:00 AM
but Trustee Lofaro had to be out of town and asked that the meeting be
held at 9:30 AM. All members had been notified and were now present
but due to the fact that it had been publicly announced for 10:00 AM the
Mayor felt the meeting should commence at 10:00 AM.
Mayor Zegarelli called the meeting to order at 10:00 AM
Present:

Mayor Philip Zegarelli,
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph Lofaro
James Timmings
Emmanuel Lobato, Trustee

After a discussion Mayor Zegarelli moved Account 1420.0 Law be
changed to reflect the amounts and items as set forth in the Tentative
Budget and the total amount for Law-Personal Services and Contractual
be in the amount of $19,750.00 Seconded by Trustee Timmings.
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak - no
Trustee Buonanno - no
Trustee McBride - no
Trustee Lofaro
- no
Trustee Timmings - yes
Trustee Lobato
- no. ;
Mayor Zegarelli voted yes. Motion fails to pass.
Mayor Zegarelli moved that Account A1925.4 Special Village Prosecutor Contractual that "Contractual" be stricken. Seconded by (Trustee
Timmings.
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak - no
Trustee Buonanno - no
Trustee McBride - no
Trustee Lofaro
- no
Trustee Timmings - yes
Trustee Lobato
- no
Mayor Zegarelli voted yes.

Motion failed to pass.

�°^f$&gt;)

%

/BUDGET
VILLAGE

OF

DOCUMENT

NORTH

FISCAL

TARRYTOWN
YEAR

Jiune 1 s t 1983 - Hay 3 1 s t , 1984

^»*
¥MMM^
fcl*&amp;

�S U M M A R Y

OF

B U D G E T

tr

TOTAL

APPROPRIATIONS

BY

FUNDS

GENERAL
FUND

REVENUE
SHARING

WATER
FUND

$

4,186,841.00

3,640,341.00

60,000.00

486,500.00

ESTIMATED REVENUES, OTHER
THAN REAL ESTATE TAXES INCLUDING REVENUE SHARING
$

1,058,632.00

512,132.00

60,000.00

486,500.00

132,654.00

132,654.00

Less:

APPROPRIATED CASH SURPLUS
APPROPRIATED RESERVES
BALANCE OF APPROPRIATIONS
TO BE RAISED BY REAL ESTATE
TAX LEVY
$

-0-

2,995,555.00

-0-

2,995,555.00

-0-

-0-

-0-

-0-

-0-

-0-

TOTAL TAXABLE ASSESSED VALUE
OF ALL REAL PROPERTY 1983-1984
$
40,212,904.00

j

TAX RATE PER M

TENTATIVE BUDGET ADOPTED UNLESS NOTED IN ADOPTED COLUMN,

$ 74.50

,

�A P P R O P R I A T I O N S

G E N E R A L

FUND

BUDGET AS
MODIFIED
1982-83

BUDGET
OFFICER'S
RECCMMENDATION

14,400.00
12.429.00
26.829.00

14,400.00
10.000.00
24.400.00

9,299.00
15,963.00
1,000.00
6,800.00
1,500.00
15.000.00
49.562.00

9,299.00
15,963.00
2,500.00
7,000.00
2,500.00
13.000.00
50.262.00

4,800.00
1,200.00
6.000.00

4,800.00
1.200.00
6.000.00

5,500.00
5,500.00

5.500.00
5.500.00

6.000.00
6.000.00

22,895.60
17,819.88
3,000.00
5.749.15
49.464.63

24,016.00
18,706.00
4,500.00
18.796.00
66.018.00

24,016.00
18,706.00
5,000.00
20.000.00
67^722.00

125.00
123.00

175.00
175.00

175.00
175.00

EXPENDED
1981-82
L E G I S L A T I V E
A1010.0

BOARD OF TRUSTEES:
A1010.1 Personal Services
$
ll
A1010.4 Expenses-Contractual
$
TOTAL

10 &gt;800,.00
6 ,820,.57
17 .620,.57

i u D i &lt;C I
All10.00 VILLAGE JUSTICE:
A1110.00 Personal Services $
Personal Services
Pers. Serv. Act. Just.
Clerical-Teap.
Steno.-Temp.
A1110.4 Other Expenses &amp; Tel. .
$
r
&gt; TOTAL
E

A1210.0

MAYOR:
A1210.1 Personal Services
A1210.1 Other Expenses
TOTAL

$
$

y

AL

8,856.00
15,211.56
1,545.00
7,183.00
1,238.00
11.839.69
45.873.75
CUT I VE
3,600.00
981.05
4.581.05

F JJ N A N C E S
A1321.0

Al325.0

Al340.0

AUDITOR:
A1300.4 Contractual Exp.
TOTAL

$
$

TREASURER:
A1325.1 Personal Serv.
$
Bookeeper
Personal Serv. Tenp,
A1325.4 Contractual Expense
TOTAL
$
BUDGET EXPENSE:
A1320.4 Contractual Exp.
TOTAL

$
$

ADOPTED

�S C H E D U L E
A P P R O P R I A T I O N S

1~A

G E N E R A L

EXPENDED
.1981-82

FUND

BUDGET
MODIFIED
1982-83

BUDGET
OFFICER*8
RECOMMENDATION

ADOPTED

F I N A N C E S
A1345.0

A1355.0

A1362.0

PURCHASING AGENT:
A1345.0
TOTAL

1.999.92
1,999.92

2.000.00
2.000.00

2.000.00
2.000.00

1,296.00
132.00
688.88
2.116.88

1,361.00
1,000.00
4,450.00
6,811.00

1,361.00
1,000.00 2,000.00
7.450.00 6,450.00
9.811.00

387.83
387.83

600.00
600.00

600.00
600.00

59.594.26

81.104.00

86.308.00

24,299.60
5,899.00
1,237.72
3.370.21
34.806.53

25,490.00
7,500.00
4,000.00
6.000.00
42,990.00

25,490.00
7,500.00
4,000.00
5.000.00
41.990.00

$

2,499.96
10,468.10
108.00
13.076.06

3,000.00
16,500.00
250.00
19.750.00

3,000.00
16,500.00
250.00
19.750.00

ELECTIONS:
A1450.1 Personal Serv. $
Temp.
A1450.4 Contractual Exp.
TOTAL
$

3,074.00
2.103.41
5.177.41

3,500.00
2.500.00
6.000.00

4,000.00
3.000.00
7.000.00

53.060.00

68.740.00

68.740.00

$
$

ASSESSMENT:
Assessor
$
A1355.1 Personal Ser.P .T.
A1355.4 Other Expenses
TOTAL
$
TAX ADVERTISING EXPENSE:
A1362.0 Advertising
$
TOTAL
$

TOTAL-FINANCES

STAFF
A1410.0

vnXLAGE CLERK:
A1410.1 Personal Serv. $
Personal Serv Tem.
A1410.4 Office Supplies
Other Expense
TOTAL

A1420.0

LAW:
Al420.1
A1420.4

Personal Serv. $
personal Serv
Contractual Exp.
TOTAL

Al450.0

TOTAL - STAFF

$

-0-018.750.00
18.750.00

67,740.00

�SCHEDULE
APPROPRIATIONS

1-A

GENERAL

FUND

••
EXPENDED
1981-82

SHARE D
A1620.0

-

A1630.0
".i

f

*

BUDGET
OFFICER'S
RECOMMENDATION

ADOPTED

S E R V I C E S

BUILDINGS-VILLAGE HALL:
A 1620.1 Pers. Serv. Temp.
$
Pers. Serv. Caretaker
A 1610.2 Equipment
A 1620.4 Fuel
Light
Cleaning Supplies
Telephone
Main, of Generator
Main, of Building
Xerox
Other Expenses
TOTAL
$
OTHER - Union, Rescue Hose
' »
&amp;..Ambulance Garage
A1630.4 Energy
Bldg.-Other
TOTAL

BUDGET AS
MODIFIED
1982-83

1,649.00
15,586.48

-0-

4,500.00
15,160.00

-0-

14,770.84
5,879.08
578.79
1,888.84
628.38
5,539.38
3,015.83
2,581.14
52,117.76

16,000.00
10,000.00
900.00
2,200.00
600.00
7,000.00
5,000.00
7,000.00
68,360.00

1,864.54
2.690.00
4.554.54

3,000.00
3,000.00

4,500.00
15,160.00

-018,000.00
10,000.00
900.00
2,400.00
700.00
9,000.00
5,000.00
7,000.00
72,660.00

•

$
$

-0-

2,000.00
8,000.00
10.000.00
•

A1640.0

A1670.0

CENTRAL GARAGE:
A1640.1 Mechanic
Asst. Mech.
Pers-. Serv. Temp
A1640.2 Equipment
Telephone
Fuel
Parts &amp; Supplies
Light
TOTAL
POSTAGE:
A1670.4 Metered Postage
TOTAL

TOTAL - SHARED SERVICES

S P E C
A1900.0

$

18,564.27
15,788.37

-0-0-

$

1,221.30
6,556.10
124,791.39
2.947.59
169.797.02

$

3,186.50
3,186.50

$

229.655.82

$

I A L

SPECIAL ITEMS:
A1910.4 Undistributed Ins.
$
A1920.4 Municipal Dues
A1925.4 Spec Village Pros.-Contr.
A1930.4 Judgements &amp; Claims
A1990.4 Contingency Fund
A1990.4 Purchase of Land

18,689.00 18,689.00
15,681.00 15,681.00
1,500.00
1,500.00
3,000.00
1,000.00
1,500.00
2,000.00
7,000 .DO
6,500.00
120,000.00 130,000.00
4,000.00
3,000.00
167.870.00 181,870.00

3,500.00
3.500.00

4,000.00
4,000.00

242.730.00 268.530.00

I T E M S

99,650.39
1,480,00
1,925.00
19,562.97

-035,026.95

-5-

115,000.00 115,000.00
1,500.00
2,000.00
3,000.00
2,000.00
1,000.00
2,000.00
20,050.00
50,654.00 55,000.00 114,935.00
•0*&gt;

-0-

�A P P R O P R I A T I O N S

-

G E N E R A L

FUND

«
4

BUDGET
BUDGET AS1 OFFICER'S
MODIFIED
RECOM1982-83
MENDATION ADOPTED

EXPENDED
1981-82
A1900.0 SPECIAL ITEMS:
A1950.4 Taxes &amp; Assessment
A1980.4 Uncollected Taxes
TOTAL
GENERAL GOVERNMENT

TOTAL -

$

4,650.86
-0162.296.17

8,000.00
9,000.00
-0-0178.154.00 186.000.00 263,985.00

$

572.681.62

653.119.00 690,240.00 767,225.00

$

PUB LIC
A3120.0 POLICE:
A3120.0 Clerical P.T.
$
A3120.0 Youth, Per.' Ser.Other
A3120.1 Personal Services
Holiday
Overtime
School Guards
A3120.2 Equipment Misc.

1,416.00
8,419.54
529,882.85
47,173.48
30,934.00
5,877.74
10,134.00

Car
Radio
Uniforms
A3120.4 Telephone-Teletype
Radio Malnt8.
Painting &amp; Signs
Other Expenses
TOTAL
A3150.0 JAIL:
A3150.1 Matron
Medical
A3150.4 Other Expenses
TOTAL
A3320.0 ON STREET PARKING:
A3320.0 Pers. Serv.
A3320.4 Meters
Parking Lot
TOTAL

,

A3410.0 FIRE:
A3410.1 Personal Serv.
A3410.2 Car
Equipment
A3410.4 Personal Expense
Fuel
Light
Insurance
Telephone
Ambulance
TOTAL

SAFE T Y

-06,804.87
29,060.50
1,033.63
596.62
21.518.42
692.851.65

$

$

$

$

3,900.00
76.18
631.31
4.607.49

3,900.00
200.00
1*000.00
5.100.00

19,355.35
17,150.63
7,732.13
6,646.73
9,913.78
1,247.56
2.510.19
67.356.87
- 6

-02,385.00
8,750.00
35,000.00
2,500.00
1,900.00
20.392.00

8,400.00
30,000.00
2,500.00
1,000.00
17.000.00
779,825.00 SQ5,?5?-pO. 759,070.00

1,000.00
600.00
700.00
.-2.300.00

-0-

$

-0-0-

525.00
160.00
912.80
1.597.80

2,800.00

$

3,500.00
-06,000.00
1,750.00
619,721.00 636^856,00- 604,371.00
50,000.00 ^50,0Ci6.0d 21,000.00
)i * * :\M; - 15,000.00
31,500.00
35,000.00
10,204.00
11,022.00

-0-0-

600.00
500.00
800.00
1.900.00

-0200.00
1.000.00
1.200.00

-0-0-

15,000.00 38,430.00
20,000.00
-09,000.00 9,000.00
8,000.00 8,000.00
16,000.00 16,000.00
1,500.00
1,100.00
3.960.00 4.000.00
73.060.00 76.930.00

1,000.00
15,000.00

�A P P R O P R I A T I O N S

A3510.0

CONTROL OF ANIMALS:
A 3 5 1 0 . 4 Warden
$
A 3 5 1 0 . 4 Humane S o c i e t y - O t h e r

TOTAL

A3620.0

A3640.0

A4020.0

A6330.0

CHILD WELFARE:
A4010.0 Personal Services
TOTAL

3,200.00
2,980.00
6,180.00

3,200.00
2,980.00
6,180.00

2,500.00
6,115.00(
4,082.00(
1,500.00
600.00
9,000.00
650.00
1,000.00(
1,500.00(
26.947.00

2,500.00
13,041.00

$
$

$

$

30.091.00

200.00
200.00

220.00
220.00

300.00
300.00

782.412.35

893.632.00

922.156.00

3,499.92
3,499.92

3.500.00
3.500.00

3,500.00
3,500.00

843.50
76.00
919.50

1,000.00
100.00
1.100.00

1,000.00
100.00
1.S00.00

-0-0-

250.00
250.00

250.00
250.00

4.419.42

Rd. Main. Foreman
TOTAL

$
$

4.850.00

4.850.00

23.300.00
23.300.00

23.300.00
23.300.00

O R T A T I O N

22.311.88
22.3U.88

3,000.00
10^041.00

2,800.00

STREET ADMINISTRATION:

A5010.1

ADOPTED

1,500.00
600.00
9,000.00
650.00

H E A L T H

T R A N S P
A5010.0

2,511.50
2.804.33

10,482.71

NARCOTICS GUIDANCE COUNCIL:
A6330.4 Expenses
$

TOTAL - PUBLIC HEALTH

BUDGET
OFFICER'S
RECOMMENDATION

-0-

REGISTRAR OF VITAL STATISTICS
A4020.1 Personal Services $
A4020.4 Other Expenses
TOTAL
$

TOTAL

EXPENDED
1981-82

BUDGET AS
MODIFIED
1982-83

2,499.96
-03,888.00
1,500.00
600.00
560.00
397.31
1,037.44

$
$

PUBLIC

FUND

\

SAFETY INSPECTION:
A3620.1 Supt of Alarms
$
Code Enforcement" P.T.
Building Ins p.- P.,T.
Sanitary Insp.
Mult. Dwel. Insp
A3620.4 Maint. of Alarms
Bldg. Insp.-Tel
Misc.
Code Enforc. Misc
TOTAL
$

TOTAL - PUBLIC SAFETY

A4010.0

G E N E R A L

3,315.63

$

CIVIL DEFENSE:
A3640.4 Expenses
TOTAL

-

875,671.C

�ii M

« U f

R 1 il I I O d S

• G t

.&lt; li R A L

•

EXPENDED
1981-82

*

A5110.0

STREET MAINTENANCE:
A5110.1 H.M.E.O. &amp; Retro $
•
Asst. Rd. Main. Fore.
Personal Serv. M.E.O.
Laborers
Laborers P.T.
A5110.2 Equipment
A5110.4 Supplies &amp; Materials
TOTAL

-0-

32,654.00

65,308.00

$

9,894.78
19,543.65
29,438.43

22,000.00
20,000.00
42,000.00

22,000.00
20,000.00
42,000.00

STREET LIGHTING EXPENSES:
A5182.1 Personal Services $
A5182.2 Equipment
A5182.4 Energy
Install. &amp; Repair
Traffic Light Main.
$
TOTAL

6,000.00
6,809.28
31,362.13
1,725.00
712.50
46,608.91

6,000.00
6,500.00
35,650.00
2,000.00
3.600.00
53,750.00

6,000.00
6,500.00
35,000.00
2,000.00
3,600.00
53,100.00

CETA:
Public Employment-Title VI $

174.48

-0-

-0-

CETA:
P r o j e c t s - T i t l e VI Projects $

1,919.28

-0-

-0-

424.780.00

468.950.00

&lt;fy

85,000.00
285,242.00

A5142.0

SNOW REMOVAL:
A5142.1 Personal Serv.
A5142.4 Other Expenses
TOTAL

TOTAL - TRANSPORTATION

$

$

PLAYGROUNDS &amp; RECREATION:
A7140.1 Rec. Super.
$
A7140.1 Pers. Serv. Mt. Laborer
Pers. Serv. Temp
A7140.2 Equipment
A7140.4 Telephone
Athletic Supplies
Other Expenses
Fishing-Tarry. Lakes
Skating-Tarry. Lakes
Activity Supplies

-0-

316,978.39

RECREATION
A7140.0

3,204.00
18,689.00
82,550.00
81,833.00
30,800.00

BUDGET
OFFICER'S
RECOMMENDATION

56,000.00
273,076.00

PERMANENT- IMPROVEMENTS:

A6260.0

BUDGET AS
MODIFIED
1982-83

3,096.24
18,699.20
65,758.03
79,099.56
16,247.00
4,926.00
28,699.38
216.525.41

A5112.2

A5182.0

F U N D

&amp;

1,800.00
18,689.00
65,920.00
81,833.00
32j000.00

/
(

1

-0\

6,,450.00

50,,000.00
68..550.00

'

m

484.400.00

CULTURE

19,440.20
12,502.79
17,230.75

-0' 630.00
2,175.08
22,244.92
706.40
1,143.25
4,198.27

-8-

ADOPTED

20,412.20
13,608.00
34,000.00
1,940.00
500.00
5,500.00
16,000.00
800.00
1,700.00
2,250.00

20,412.00
13,608.00
40,882.00
390.00
600.00
;5,500.00
19,530.00
800.00
1,400.00

;2;ooo.oo

18,530.00

�O O u u l S U L t b

A P P R O P R I A T I O N S

-

JL-U

G E N E R A L

FUND

•

EXPENDED
1981-82

BUDGET AS
MODIFIED
1982-83

BUDGET
OFFICER'S
RECOMMENDATION

12,503.50
-06,270.33

14,580.00
610.00
5,000.00

16,310.00 19,370.00
1,500.00
600.OC
6,217.00
5,05'/^

$

500.00
-02,493.39
102.038.88

500.00
600.00
1,800.00
119.800.00

500.00
500.00
1,800.00
131,949.00

YOUTH PROGRAM:
A7310.1 Personal Serv.
TOTAL

$
$

11.754.94
11.754.94

10,250.00
10,250.00

10,845.00
10.845.00

LIBRARY:
A7410.4 Warner Library
TOTAL

$
$

122.512.00
122.512.00

124,382.00
124,382.00

130.414.00
130,414.00

$

$

500.00
5,808.00
995.40
744.00
-08,047.40

1,000.00
6,000.00
, 800.00
1,500.00
1,000.00
10,300.00

1,000.00
6,000.00
1,000.00
1,500.00
-09,500.00

10,500.00

PROGRAMS FOR AGING:
TOTAL

$

11.919.70

15,000.00

15.000.00

20,000.00

Other Culture &amp; Recreation Exp.

$

»

A7140.0

A7310.0

A7410.0

A7550.0

A7610.0

A7989

PLAYGROUND &amp; REC (CONT):
A7140.1 Personal Serv. Parks
A7140.2 Equipment
A7140.4 Other Expenses
PARKS:
Patriots Park
Douglas Park
Devries Field Electric
TOTAL

CELEBRATIONS:
July 4th
Fire Inspection
Memorial Day
Christmas
Timers
TOTAL

TOTAL - RECREATION AND CULTURE

$

$
HOME

A N D

-0256,272.92

-0279,732.00

C 0 M M U N I T Y

A8090.0

Environmental Control:

$

-0-

A8160.0

STORM SEWER:
A8140.4 Other Expenses

$

1,622.50

ADOPTED

7,000.00

10,000.00
307,708.00 313,708.00

S E R V I C E

200.00

200.00

4.500.00

4.500.00

�SCHEDULE

1-A

A P P R O P R I A T I O N S - G E N E R A L

A8160.0

A8170.0

A8560.0

A8020.0
A8611.A

A8611.B

REFUSE AND GARBAGE:
A8160.1 Per9. Serv. Asst.Foreman
M.E.O.
Hel pers
Temporary
A8160.4 Dumping
Other Expenses
A8160•2 Equipment
TOTAL
STREET CLEANING EXPENSE:
A8170.1 Personal Serv,
A8170.4 Other Expenses
TOTAL

BUDGET
OFFICER'S
RECOMMENDATION

18,800.08
31,624.16
65,121.90
10,740.50
63,099.05
7,855.53
11.914.00
209,155.22

18,800.00
31,936.00
78,105.00
18,000.00
70,875.00
9,500.00
-0227,216.00

18,800.00
31,936.00
78,105.00
20,000.00
76,000.00
10,000.00
-0234,841.00

16,573.00
2,282.54
18,855.54

16,630.00
3,500.00
20,130.00

16,630.00
3,500.00
20,130.00

3,090.00

6,000.00

6,000.00

-0-

-0-

$

PLANNING:
A8020.4 Contractual Exp.

35.00

EMERGENCY TENANT PROTECTION
ADMINISTRATION:
E.T.P.A.

TOTAL - HOME &amp; COMMUNITY SERVICES

$

E M P L O Y E E
A9010.8
A9025.8
A9030.8
A9040.8
A9045.8
A9050.8
A9060.8
A9189.8
A9189.8

EXPENDED
1981-82

BUDGET AS
MODIFIED
1982-83

$

SHADE TREES:
A8560.4 Contract

Payments to State Retirement
Deficiency Appropriation
Social Security Payments
Workmens Compensation
Life Ins. &amp; Disability
Unemployment Ins.
Health Ins.
Dental Ins.
Police Welfare Fund
TOTAL

FUND

106.32

200.00

1,000.00

-0-

-0-

3,000.00

232,864.58

258.246.00

ADOPTED

269,671.00

B E N E F I T S
500,747.00
19,632.84
79,870.41
29,405.00
5,734.77
-084,701.77
3,179.37
4,600.00
$ 727.871.20

- 10 -

262,000.00
16,200.00
90,000.00
70,000.00
9,200.00
2,000.00
95,000.00
3,500.00
7,200.00
555,100.00

272,000.00
271,250.00
13,200.00
99,250.00
100,000.00
70,000.00
6,000.00
3,000.00
115,000.00
6,928.00
7,500.00
592,878.00

�S C H E D U L E
A P P R O P R I A T I O N S

-

1- A

G E N E R A L

BUDGET AS
MODIFIED
1982-83

EXPENDED
1981-82

A9730.6
A9730.7

A9740.0

A9750.6

A9750.7

SERIAL BONDS:
A9710.6 PRINCIPAL-Union Hose
Urban Renewal 1973
A9710.7 Interest-Village Garage
A9710.7 Interest -Union Hose
Urban Renewal
TOTAL
BOND ANTICIPATION NOTES:
Principal
Interest
TOTAL
CAPITOL NOTES:
Principal
A9740.7 Interest
TOTAL
BUDGET &amp; TAX ANTICIPATION NOTE:
Principal
Interest
TOTAL

TOTAL - DEBT

SERVICES

GRAND TOTALS - GENERAL FUND APPROPRIATION

*

BUDGET
OFFICER'S
RECOMMENDATION

ADOPTED

S E R V ICE

D EB T
A9710.0

FUND

$

-010,000.00
-03,44**30
4,320.00
17.768.00

7,000.00
10,000.00
-03,050.00
3,780.00
23,830.00

10,000.00
10,000.00
-02,565.00
3,240.00
25,805.00

$

193,600.00

197,040.00

218,300.00**

$

42,350.76
235,950.76

60,067.00
257,107.00

70,212.50
288.512.50

35,000.00
253,300.00

37,900.00
3.769.50
41,669.50

52,000.00
4,318.00
56,318.00

27,750.00
1,526.25
29,276.25

1,583.00
29^333.00

$

$
$

$

-0-

-0-

-0-

$

-0-0-

-0-0-

-0-0-

$

295,388.76

337,255.00

343,593.75

23,500.00
49,305.00

331,938.00

$3,188,889.24 3,406,714.00 3,600,047.00 :3,640,341.00

Plus $30,000.00 in Revenue Sharing

-11-

�S C H E D U L E
*»

A P P R O P R I A T I O N S
F E D E R A L

1-C

- E N T E R P R I S E
R E V E N U E

SHARING

1981-82

BUDGET AS
MODIFIED
1982-83

-0-

100.00

EXPENDED

C-1325
C3120

TREASURER:
C1325.4 Other Expense

$

POLICE:
C3110.2

Equipment - Car
Equipment
TOTAL

$

FUND

$

7,000.00
-07.000.00

12,500.00
1*500.00
14.000.00

Equipment

$

-0-

3,000.00

CIVIL DEFENSE
CHILD WELFARE:
Neighborhood House

$

-ftr

2,000.00

$

-0-

-0-

C5182

STREET LIGHT EXPENSE

$

36,221.00

C7140

RECREATION - Parks
C7140.1 Personal Serv.

$

-0-

20,000.00

C8020

PLANNING

$

-0-

3,000.00

C9710
C9730
C9740

SERIAL BONDS
BOND ANTICIPATION NOTES
CAPITOL NOTES
TOTAL ENTERPRISE FUND

$
$
$
$

C3410
C3640
C4010

FIRE:
C3120.2

7,000.00
10,000.00
5.500.00
65,721.00

SCHEDULE
ESTIMATED
C4001

35,000.00

REVENUES

-

BUDGET
OFFICER'S
RECOMEENDATION

100.00

29,900.00

-027,260.00

30,000.00

104.360.00

60.000.00

2
OTHER

FUNDS
617,000.00

Federal Revenue Sharing
' * '4Y ,

&lt;•• r '.

- 12 -

ADOPTED

�»&gt;

SCHEDULE

1-F

APPROPRIATIONS

-13-

- WATER

FUND

�S C H E D U L E
A P P R O P R I A T I O N S

1-F
WATER

•*

EXPENDED
1981-82
SPECIAL ITEMS:
F1910.4 Unallocated Insurance
F1950.4 Taxes on Municipal Property
Contigent Account
P1990.4
Judgtnetns &amp; Claims
TOTAL

-0-

FUND
BUDGET
BUDGET AS . OFFICER'S
RECOMMODIFIED
1982-83
MENDATION

-0-

5,000.00
700.00
13,673.00

4.433.00
4.832.00

19,373.00

24,711.00

S uperintendent
32,500.00
$
14,580.00
Clerk
Temporary Help
126.00
2,915.00
Equipment
F8310.2
4,489.00
F8310.4 Garage Expense
2,106.00
XeleDhone
^rintIng7"T6stage,Office Exp.
4,099100
1,500.00
Auditing
55.00
Engineering &amp; Legal
20.000.00
Miscellaneous
Auto Expense
470.00
TOTAL
$ -82,840.00
F8320.0
SOURCE OF SUPPLY POWER &amp; PUMPING:

32,500.00
14,580.00
600.00
4,000.00
5,000.00
4.000.00

34,100.00
15,309.00
545.00
10,000.00
5,000.00
3,p00.00

1,500.00
750.00
20,000.00
2,550.00
90,480.00

1,500.00
5,000.00
20.000.00
500.00
99,954.00

21,556.00

17,111.00
800.00

17,111.00
800.00

F8310.0

$

399.00

$

F8320.2
F8320.3

-0-

WATER ADMINISTRATION:

F8310.1

F8320.1

-0-

5,000.00
700.00
19,011.00

Operators
Temporary Labor
Equipment
Water Purchased
Power
Fuel
Telephone
Repairs &amp; Maintenance
Auto Expense
Materials &amp; Supplies
Annual Rental
TOTAL

F8330.0

PURIFACTION:

F8330.4

Water Treatment'!
TOTAL

$

-0-0-

$

$
$

5jooo:oo

-0-

5,000:00

-0-

70,414.00
75,000.00
70,000.00
25,000.00
30,000.00
24,868.00
5,000.00
5,000.00
4,177.00
2,000.00
400.00
1,623.00
6,000.00
2,727.00
3,000.00
500.00
300.00
121.00
2,000.00
2,000.00
1,481.00
250.00
250.00
100.00
127.067.00 127,061.00 135,461.00

7.745.00
7,745.00

- 14 -

10,000.00
10,000.00

10,000.00
10,000.00

ADOPTED

�S C H E D U L E
A P P R O P R I A T I O N S

1 - F
W A T E R

EXPENDED
1981-82

F8340.0

TRANSMISSION &amp; DISTRIBUTION:

F8340.1

Personal Services
Temporary-Labor
Equipment
Materials &amp; Supplies
Repairs &amp; Maintenance
Auto Expense
Annual Rental
Power
Telephone (Lease Line)
TOTAL

F8340.2
F8340.4

G8120

SANITARY SEWERS:

G8120.1

Personal Services
Temporary Labor
Power
Repairs &amp; Maintenance
Materials &amp; Supplies
TOTAL

G8120.4

57,280.00

-0-02,510.00
2,138.00
82.00
41.00
284.00

-0-

FUND

BUDGET AS
MODIFIED
1982-83

69,849.00
1,000.00

.I5,ooo;oo
8,000.00
12,000.00
1,000.00
75.00
500.00

-0-

BUDGET
OFFICER'S
RECOMMENDATION

68,220:00
500.00
15,000.00
4,000.00
8,000.00
1,000.00
75.00
.500^00

-0-

62,335.00

107,424.00

97,295.00

17,141.00
-02,460.00
2,916.00
84:00
22,601.00

16,909.00
500.00
3,000.00
5,000.00
1,000.00
26,409.00

16,909.00
500.00
2,500.00
3,000.00
500.00
23,409.00

20,727.00
9,544.00
2,849.00
287.00
15,699.00
411.00
49,517.00

26,000.00
12,000.00
8,000.00
500.00
12,000.00
500.00
59,000.00

25,000.00
12,000.00
4,000.00
500.00
16,000.00
500.00
58,000.00

18,000.00
19.816.00
37,816.00

18,000.00
18,753.00
36,753.00

20,000.00
17,670.00
37,670.00

394,753.00

476,500.00

486,500.00

EMPLOYES BENEFITS:
F9010.8
F9030.8
F9040.8
F9045.8
F9060.8

State Retirement
$
Social Security
Workmen'3 Compensation Expense
Life Insurance
Health &amp; Medical Insurance
Disability Insurance
TOTAL
$ •

DEBT SERVICE:
F9710.6
F9710.7

Serial Bonds-1977 Issue
Interest on Bonds
TOTAL

TOTAL - APPROPRIATION EXPENSES

-15-

ADOPTED

�•«

SCHEDULE
ESTIMATED
REAL

2

REVENUES

ESTATE
AIL

TAXES
FUNDS

-16-

TO

OTHER
BE

THAN
LEVIED

�S C H E D U L E
E S T I M A T E D

R E V E N U E S

2-A
-

G E N E R A L

APTTIAT

1981-32
A213Q
AIOBO
A1081
A1090
A1130
A1235
A1255
A1520
A2768
A3989
A1710
A1720
A1740
A2260
A2202
A2401
A2410
A2450
A2501
A2544
A2001
A2590
A2610
A2620
A2655
A2665
A2680
A2690
A2770
A2701
A2705
A2850
A2816
A3501
A3001
A3005
A3803
A3820
A3089
A2165
A2660
A2651

Refuse,removal &amp; disposal „
1,873.90
Federal Payments in Lieu of Taxes $
1,408 .GO
Other Payments in Lieu of Taxes
6,384.33
Int. &amp; Pen on Real Prop Taxes
153,985.14
Utilities Gross Receipt Tax
52.00
Charge for Tax Advertising
83.00
Clerk Fees
2,517.00
2,093.76
Police Fees
26.05
CETA Projects &amp; Programs A &amp; B
1,770.00
Other Home &amp; Comm. Serv Aid
4,488.00
Public Works Serv. for Others
11,663.67
Parking Lot &amp; Station
1,347.29
On Street Parking Meter Fees
9,778.57
Other Charges- Other Govts
59,674.22
Snow Removal Ser. - Other Govt.
10,500.00
Interest on Deposit
443.68
Rental of Real Property
3,006.50
2,439.88
Public Telephone Commission
18,967.00
Business &amp; Occupational License
7,048.00
Dog Licenses Fund Apportionment
102,888.00
Recreation &amp; Park Fees
1,670.00
Permits
112.70
Fines &amp; Forfeited Bail
709.98
Forfeitures of Deposits
15,666.13
Minor Sales
2,083.18
Sale of Equipment
2,126.68
Insurance Recoveries
5,137.14
Other Compensation for Losses
525.00
Other Unclassified Revenue
29,895.54
20,000.00
Refunds Approp. Expenses Prior
-0Gifts &amp; Donations
114,186.00
Transfer from Cap, Fund
17,443.82
Transfer from Water Dept.
2,000.00
Consolidated Highway Aid
3,459.60
State Aid Per Capita
-0Mortgage Tax
-0Programs for the Aging
28,036.87
Youth Projects
3,891.13
Other Gen. Govt Aid-Pavement Marking
649.381.76
E.T.P.A.
Sale of Real Property
Sale of Refuse-recycling
TOTAL GENERAL FUND
$

DEPARTMENTAL
ESTIMATE

F U N D
BUDGET
OFFICER'S
ESTIMATE

1982-83
-01,900.00
-05,000.00
130,000.00
10.00
100.00
1,500.00
-050.00
,2,000.00
4,000.00
10,000.00
-06,000.00
25,000.00
10,500.00
450.00
3,200.00
2,000.00
13,000.00
3,000.00
85,000.00
-0200.00
1,000.00
4,500.00
2,000.00
100.00
100.00
500.00
43,758.00
20,000.00
32,654.00
64,600.00
15,000.00
2,000.00
3,500.00
-0-0r04.000.00

ADOPTED
1983-84
7,000.00
1,900.00
1,000.00
5,000.00
110,000.00 130,000.00
100.00
30.00
100.44
100.00
1,500.00
-060.00
2,000.00
7,400.00
4,000.00
10,000.00
11,000.00
-06,000.00
25,000.00
35,000.00
10,500.00
200.00
3,200.00
2,000.00
23,300.00
5,000.00
95,000.00
-0200.00
1,000.00
4,500.00
2,000.00
100.00
100.00
500.00
11,717.56
11,717.68
20,000.00
32,654.00
64,600.00
15,000.00
2,000.00
3,500.00
-03,000.00
-04,000.00

501.622.00

477.661.68

-17-

I

•

» " - "

" •

512,132.00

�SCHEDULE
fiStlMATED

2-F

R E V E N U E S

WATER

ACTUAL
1981-82

343,461.00

DEPARTMENTAL
^ESTIMATE
1982-83

450,000.00

BUDGET
OFFICER'S
ESTIMATE
1983-84

460,000.00

F2140

Metered Water Sales-Public

F2140

Metered Water Sales-Other

-0-

-o-

F2142

Unmetered Water Sales

421.00

500.00

500.00

F2122

Sewer Charges

10,004.00

10,000.00

10,000.00

F2148

Interest &amp; Penalties on Water Rents

1,160.00

1,500.00

1,500.00

F2401

Interest Baenings

12,428.00

10,000.00

10,000.00

F2665

Sale of Equipment &amp; Meters

92.00

500.00

500.00

F2655

Minor Sales

356.00

500.00

500.00

F2680

Insurance Recoveries &amp; Other
Compensation for Loss

1,791.00

1,000.00

1,000.00

1,000.00

1,000.00

1,500.00

1,500.00

1,500.00

11.381.00

-0-

-0-

F2701

$

FUND

Refunds of Appropriation Expense
for Prior Years

F2410

Rental of Real Property

G3901

State Aid-Operation &amp; Maintenance
of Sewage Treatment Plant
TOTAL REVENUES

-0-

382,594.00

476,500.00

-o~

486,500.00

ADOPTED

�S C H E D U L E
E/STIMATED
END

OF

CASH

P R E S E N T

3

S U R P L U S E S
F I S C A L

GENERAL FUND

$

REVENUE SHARING

$

WATER FUND

$

-19-

YEAR

132,654.00
NONE
v

NONE

AT

�S C H E D U L E
E S T I M A T E

OF
AS

S P E C I A L
OF

MARCH

4
R E S E R V E S
18th,

GENERAL FUND

NONE

WATER FUND

NONE

-20-

1983

�\

c

S/CHEDULE
SALARIES
AS
JUNE

5

&amp; WAGES

OF
1 s t , 1983

-21-

• ^*

�S C H E D U L E

TITLE

RATE OF COMPENSATION

NfUMBER

A1010

BOARD OF TRUSTEES

6

AIOIO

VILLAGE JUSTICE
Intermediate Clerk
Typist-Temp

%

A1212

MAYOR

1

A1325

TREASURER
Int. Account Clerk
Clerical-Temp.

1
1
1

1
1

$

(as needed)

2,400.00
9,299.00
15,963.00
4.25 per hour
4,800.00
24,016.00
18,706.00
4.25 per hour

1

2,000.00

ASSESSMENT:
Chairman

1

1,361.00

A1410

CLERK:
Clerical-Temp

1
1

A1420

LAW-VILLAGE ATTORNEY

1

A1450

ELECTION:
Inspectors
Custodians

A1345
A1355

A1620

A1640

A3120

A5110

PURCHASING AGENT

VILLAGE HALL:
Caretaker
Asst. Caretaker-Temp

40
2

1 (as needed)

CENTRAL GARAGE:
Automotive Mechanic
Asst. Auto Mechanic

25,490.00
4.25 per hour
3,000.00

4.25 per hour
176.00
15,160.00
4.25 per hour
18,589.00
15,681.00

SCHOOL GUARDS:
School Guards
Meter Enforcement Officer .
Clerical

4.25 per hour
4.25 per hour
4.25 per hour

STREET MAINTENANCE EXPENSES:
Asst. Rd. Main. Foreman
MEO
Skilled Laborer

18,699.00
16,536.00
16,909.00
16,806.00;
16,081.00
15,581.00
16,709.00

Laborer
Main. Mech. Repair

-22-

�(Cont'd)

SCHEDULE

fITLE
A8140

STORM SEWER EXPENSE:
Same Rate as A5110

A8160

REFUSE COLLECTION:
Assistant Foreman

MEO
MEO
Sanitation Man
Sanitation Man
Helpers
A8170

A7140

A7310
A3110

1
1
1
1
4
as needed

$

SHADE TREE EXPENSE:
Professional Asst.

1

16,630.00

contract

RECREATION:
Rec. Supervisor
Main. Laborer
Temp. Personnel

as needed

20,412.00
13,608.00
4.25 per hour

PARKS:
Laborer

as needed

4.25 per hour

YOUTH ACENCIES:
Temp. Personnel

as needed

1
1

POLICE DEPT.:
Chief
Lieut.

34,352.00
30,562.00
29,681.00
29,045.00
27,977.00
27,702.00
26,989.00
24,979.00
24,734.00
24,489.00
20,960.00
17,135.00

Sgt. Det.
Sgt.
Det. Ptlm
Ptlm.

2
4
2
3
A3150

18,800.00
16,018.00
15,918.00
15,781.00
15,581.00
34.00 per day

STREET CLEANING EXPENSE:

MEO
A8560

RATE OF COMPENSATION

NUMBER

JAIL:
Matron
Police Surgeon

1
1

23-

FEE

4.25 per hour
40.00

�SCHEDULE

TITLE
A3410

A3620

A4020

A5010

A5142

A5182

FIRE DEPARTMENT:
Fire &amp; Snow Watch

(Contd)

NUMBER

as needed

RATE OF COMPENSATION
4.25 per hour

SAFETY DIVISION:
Supt of Alarms
Sanitary Inspector
Multiple Dwelling Insp.
Building Inapec.
Code Enf. Officer

1
1
1
1
1

2,500.00
1,500.00
600.00
4,082.00
8,959.00

REGISTRAR OF VITAL STATISTICS:
Registrar

1

FEE

STREET ADMINISTRATION:
Rd. Main. Foreman

1

23,300.00

SNOW REMOVAL EXPENSES:
Same rate as listed under
A5110
STREET LIGHTING:
Contract

as needed
6,000.00

1

-24-

�S C H E D U L E

5

-WATER

DEPT

-V*
TITLE

A8320
A8340

PUMPING STATION:
Pump Station Opr.
TRANSMISSION &amp; DISTRIBUTION:
Foreman
Water &amp; Sewer Maint.Man Gr.II
Water &amp; Sewer Laborer
Temporary

A8310

F8120

NUMBER

RATE OF COMPENSATION

APPROPRIATION

17,111.00

1

19,622.00
16,809.00
16,709.00
15,581.00
4.25 per hour

1
1
1
1
as needed

ADMINISTRATION:
Superintendent
1
Intermediate Acct. Clerk &amp; St. 1
Temporary

34,100.00
15,309.00
4.25 per hour

SEWER SYSTEM:
Water &amp; Sewer Maint. Man Gr II 1
Temporary

16,909.00
4.25 per hour

-25-

�-SCHEDULE

*

TITLE

A8320

A83^0

A8310

A8120

PUMPING STATION:
Pump Station Opr.

NUMBER

5

WATER

DEPT

RATE OF COMPENSATION

17,210.00

1

TRANSMISSION &amp; DISTRIBUTION:
Foreman
1
Water &amp; Sewer Maint. Man. Gr. II1
1
Temporary
as needed

16,809.00
16,709.00
H.25 per hour

ADMINISTRATION:
Superintendent
1
Intermediate Acct. Clerk &amp; St. 1
Temporary

35,000.00
15,67^.00
k.25 per hour

SEWER SYSTEM:
Water &amp; Sewer Maint. Man Gr.II 1
Temporary

16,909.00
4.25 per hour

- 25 -

21,100.00

APPROPRIATION

�- 2 Mayor Zegarelli moved that Account A3620.0 Safety Inspection-Code
Enforcement Officer-Building Inspector in the amount of $13,041.00 in
the Tentative Budget and changed to Code Enforcement Officer Part Time
$3,000.00 and Building Inspector - $10,041.00 be changed to reflect the]
amount of $13,041.00 for the combined positions of Code Enforcement 0ff|
er and Building Inspecor-Full Time. Seconded by Trustee Timmings.
Mayor Zegarelli polled the board as follows:
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee

Maceyak
Buonanno
McBride
Lofaro
Timmings
Lobato

-

no
no
no
no
yes
no

Mayor Zegarelli voted yes. Motion failed to pass.
Mayor Zegarelli stated that there was a Temporary Restraining 0rder|
by the Court and the Board was not to interfer with the performance of
the Village Attorney or the Village Prosecutor.
Trustee Buonanno stated that it was his recommendation to adopt
the original budget as outlined particularly in the instances regarding payment. He stated that he advocates that the village enter into
a contract with legal counsel whether it be the present village attorney]
or another, with fees set at a definite rate.
After a discussion Trustee Maceyak moved, seconded by Trustee
Timmings, that the budget of the Department of Water and Sewer be adopted in the amount of $486,500.00, said adoption being pursuant to the
provisions of Chapter 809 of the Laws of 1954 and the Budget Manual for
Villages and the Uniform System of Accounts as set forth in the Manuals
issued by the Division of Municipal Affairs, Albany, N.Y. Carried.

Trustee Buonanno moved, seconded by Trustee Lobato, that the 1983-8^
budget concerning the General Fund be adopted pursuant to thejprovisions
of Chapter 809 of the Laws of 1954 and the Budget Manual for Villages
and the Uniform System of Accounts as set forth in the Manuals issued by|
the Division of Municipal Affairs, Albany, N.Y. Carried.
The following is the budget:

(budget in detail official minutes)

Trustee Buonanno moved, seconded by Trustee Lofaro, that the tax
rate be levied pursuant to law and that the rate be $74.50 per M for
the year 1983-84. Carried
Trustee Lofaro moved, seconded by Trustee Timmings, that the tax
payments be in two equal installments, the first installment payable on
June 1, 1983 and continuing up to and including June 30, 1983 and the
second installment commencing December 1, 1983 and continuing up to
and including December 31, 1983. Carried.
Trustee Timmings moved, seconded by Trustee
due under the first installment remaining unpaid
bear interest at the rate of two per centum (2%)
an additional one per centum (1%) for each month

Lofaro, that all taxes
after June 30, 1983 shal
for the first month, an]
or fraction thereof

\N

�3'

7

- 3 thereafter until paid, and all taxes remaining unpaid under the second
installment after December 31, 1983, shall bear interest at the rate of
two per centum for the first month, and an additional one per centum
(1%) for each month or fraction thereof thereafter until paid. Carried.
Trustee Buonanno moved, seconded by Trustee Lofaro, that the Mayor
be authorized to sign the Tax Warrant for the collection of the 1983 taxes,
and that the same be presented to the Treasurer and Tax Collector with
the Assessment Roll. Carried.
There being no other business to come before the meeting it was
upon motion duly made and seconded adjourned. Carried.
Respectfully submitted,
^^\&lt;-&gt;——*^

Irene Amato,
Deputy Clerk

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North Tarrytown, N.Y,
April 27th, 1983
SPECIAL MEETING
A Special Meeting was held before th« Board of Trustees of the
Village of North Tarrytown, N.Y. for ths purpose of adopting the budget
for the fiscal year June 1st, 19 8 3 to May 31st, 19 84.
PRESENT

Philip E. Zegarelli, Mayor
Vincent Buonanno
William McBride
Joseph Lofaro
James Timmings, Trustees

ABSENT

Stephen Maceyak
Emmanuel Lobato, Trustees

Ms, Janet Gandolfo was also present at the meeting.
Mayor Zegarelli called the meeting to order at 8 P.M.
Trustee Buonanno moved, seconded by Trustee Timmings, that the
budget of the Department of Water and Sewer be adopted in the amount
of $486,500.00, said adoption being pursuant to the provisions of
Chapter* 809 of the Laws of 1954 and the Budget Manual for Villages
and the Uniform System of Accounts as set forth in the Manuals issued
by the Division of Municipal Affairs, Albany, N.Y. Carried.
Trustee Buonanno moved, seconded by Trustee Lofaro, that the
1983-84 budget concerning the General Fund be adopted pursuant to
the provisions of Chapter 809 of the Laws of 19 54 and the Budget
Manual for Villages and the Uniform System of Accounts as set forth in
the Manuals issued by the Division of Municipal Affairs, Albany, N.Y.
Mayor Zegarelli polled the Board:
Trustee Buonanno - yes
Trustee McBride - yes
Trustee Lofaro
- yes
Trustee Timmings - no
Mayor" Zegarelli woted no. Motion to adopt Budget passes.
The following is the budget:

(budget in detail official minutes)

Trustee Lofaro moved, seconded by Trustee Buonanno, that the tax
rate be levied pursuant to law and that the rate be $74,50 per M for
the year 19 83-84.
Mayor Zegarelli polled the Board as follows:
Trustee
Trustee
Trustee
Trustee

Buonanno
McBride
Lofaro
Timmings

-

yes
yes
yes
no

�- 2 Mayor Zegarelli
Mayor
of changes
are now in
Prosecutor

voted "no". Motion to adopt tax rate passes*

Zegarelli stated that he voted "No" on the Resolution because
in the Budget with respect to several items in the Budget which
litigation namely the position of Village Attorney, Village
and Building Inspector and Code Enforcement Officer,
}

Trustee Timmings also stated he voted "No" on the overall Budget as
they did not take into consideration lowering the tax rate from the tenativpj
rate for the benefit of the taxpayers.
Trustee McBride stated that it didn't make any difference as long as
there were funds allocated for each position, and the only changes in
salary were made to the Building Inspector and the Code Enforcement
Officer positions.
Trustee Buonanno stated that the Board had met nine nights with the
various heads of Departments, and realized that all members of the Board
could not attend the meetings but business had to continue.
Trustee Timmings moved, seconded by Trustee Lofaro, that the tax payments be in two equal installments, the first installment payable on
June 1, 19 83 and continuing up to and including June 30, 19 8 3 and the
second installment commencing December 1, 19 83 and continuing up to and
including December 31, 198 3. Carried,
Trustee Lofaro moved, seconded by Trustee Buonanno, that all taxes
due under the first installment remaining unpaid after June 30, 1983 shall
bear interest at the rate of two per centum (2%) for the first month, and
an additional one per centum (1%) for each month or fraction thereof
thereafter until paid, and all taxes remaining unpaid under the second installment after December 31, 1983, shall bear interest at the rate of two
per centum for the first month, and an additional one per centum (1%) for
each month or fraction thereof thereafter until paid. Carried,
Trustee Buonanno moved, seconded by Trustee Lofaro, that the Mayor
be authorized to sign the Tax VJarrant for the collection of the 1983-8H
taxes, and that the same be presented to the Treasurer and Tax Collector
with the Assessment Roll, Carried,
There being no further business to come before the Board, Trustee.
Lofaro moved, seconded by Trustee Buonanno that the same be duly adjourned.
Carried,

Respectfully submitted,

£^A^L_jt_

C^-^oJ^tt)

Irene Amato,
Deputy Clerk

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                    <text>#3

NORTH TARRYTOWN, N.Y.
April 25, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli,
Mayor
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel Lobato,
Trustees

Mr. Robert Ponzini and Miss Janet Gandolfo were also present.
Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
Mayor Zegarelli called for approval of the minutes of the meeting
held on April 4th.
Trustee Timmings moved, seconded by Mayor Zegarelli that the minutes
be approved as written.
Trustee Maceyak claimed that errors existed in the minutes and could
not accept them.
Trustee Lobato stated that the Clerk was stopped from taking notes
and that there were other discrepancies.
Mayor Zegarelli stated that the documents were submitted.
minutes accurately reflect the organization meeting, he said,
be adopted. To state otherwise is unfair, he said. To infer
Clerk does not take the minutes properly is a sad commentary,
Mayor.
Trustee

The
and should
that the
said the

Maceyak stated that this is not so.

Trustee Lobato stated that since he has been on the Board, never
has she been instructed not to take minutes.
Trustee Timmings stated that he finds nothing objectionable in the
minutes.
Mayor Zegarelli stated that he does not understand the hold-up.
Trustee McBride stated that the Mayor gave the Clerk his statement
after the meeting. He stated that the Mayor instructed the Clerk not
to take the statement.
Mayor Zegarelli stated that the minutes reflect exactly what
happened.

�-2Trustee McBride again stated that the Mayor's statement was left
on the Clerk's desk over the weekend.
Mayor Zegarelli stated that if there were any objections, the CI
will insert them into the minutes.
Mayor Zegarelli called the question.
Trustee Maceyak - No
"
Buonanno - No
McBride - No
Mayor Zegarelli voted "Yes".

Trustee Lofaro - No
"
Timmings - Yes
"
Lobato - No
Not carried.

Mayor Zegarelli stated that if you do not adopt the previous mil
there is no sense in going on with the meeting. He stated that the
Organizational meeting reflects the establishment of committees that|
constitute members of the Board.
*

A discussion ensued, after which Trustee Buonanno moved that we J
go on to the next course of action, seconded by Trustee Maceyak. §
Mayor Zegarelli called for bids on a 4-wheel pickup truck.
Treasurer Amato opened the following bids:
Frank Chevrolet, No. Tarrytown, N.Y.
Check in the amount of $750.80 enclosed.

$15,016

Pleasantville Ford, Pleasantville, N.Y.
Check in the amount of $744.10 enclosed,

$14,882.03

Willow Motor Sales, Port Chester, N,Y.
Check in the amount of $730,60 enclosed.

$14,612.So

Mayor Zegarelli moved that the bids be referred to the public
works committee for analysis and report back at the next regular
session with a recommendation, seconded by Trustee Timmings. Carried
Mayor Zegarelli called for bids on road improvement work.
Treasurer Amato opened the following bids:
Paleen Construction, Yorktown Heights, N.Y.
Beekman Ave. &amp; Holland Ave.
#89-Remove existing asphalt pavement
$14,914.
102M Adjust manholes
5,040.
51T Beekman Ave.
24,850.
51TH Holland Ave.
4,400.
Total
$49,230.
Check in the amount of $1,000 enclosed.
County Asphalt, Inc., Tarrytown, N.Y.
#89
16,200.
102M
4,900.
51T
20,000.
51TH
3.840.
$44;w*.
Check in the amount of $1,000 enclosed.

�# &gt; -

»

-3Mayor Zegarelli moved that the bids be referred to the public
\
works committee for analysis and report back to the Board at the next
|
regular meeting with recommendations, seconded by Trustee Timmings. Carriec"
•

At this time, Mayor Zegarelli asked how the Board proposed to
proceed and was answered by Trustee Lobato as we usually conduct the
meeting.

»

Mayor Zegarelli stated that he will conduct the meeting and noted
his displeasure and fact that the minutes as submitted were rejected
for as far as he could see, no cause.
Mayor Zegarelli read the following statement:

[
i
I
I

I

"Today, a petition on behalf of the people of North Tarrytown and
J
myself as Mayor, was filed with the Supreme Court of the State of New
j
York in order to end the unwarranted stalemate between certain members
i
of the Village Board and its chief executive. Despite repeated efforts S
to resolve this situation arising from the Mayor's lawful authority to
appoint the Village attorney and the Village prosecutor, I found it
necessary, as Mayor, to seek the protection of the courts in order to
end the confusion and waste of Village time, money and resources.
Majority members of the Board of Trustees have failed to join me in my
repeated efforts to seek an opinion from the New York State Attorney
General or other similar legal authority to resolve this stalemate.
Therefore, on behalf of the Village I have requested that a judgment be
entered into to prevent these same members of the Board of Trustees
from interfering in the legal and necessary activities of Messrs.
Ponzini and Tucciarone; to declare the actions of these same members of
the Board of Trustees as null and void and as under no effect; to direct
these same Board of Trustees to recognize the power and authority of the
Mayor, and; to direct further relief as may be considered just and proper
in this and similar matters.
This petition to the courts could have been prevented if cooperation
were forthcoming from the majority party of the Board of Trustees.
Therefore, in seeking relief from the courts I sincerely hope that the
court's restrictions and associated documents will be adhered to until
a decision is reached. We will continue to carry on the normal course
of business within this frame of mind and by court direction's this
legal framework immediately. I will not comment further on the aspects
of this case until called upon by the courts. It is time to get back
to the business of running the Village of North Tarrytown in a legal,
sound and proper context."
Mayor Zegarelli noted and recognized the presence of Robert Ponzini
as the lawful Village Attorney for the Village of North Tarrytown. The
Mayor also stated that court papers have been served on the majority of
Board members answerable on Friday wherein a request has been made to
the court that an order of show cause why a Temporary Restraining Order
should not be granted in his behalf.
Trustee Lobato stated that he (the Mayor) brought this action on
behalf of the people of North Tarrytown. He stated that obviously his
prepared statement of the temporary restrained order reflected that
expectation.

I

i

�-4Mayor Zegarelli stated that the statement was written after we
knew that a TRO would not be granted at this time. The only reason
Justice Wood did not grant it was because we are a municipality and
required a notice.
Trustee Lobato stated that the temporary restraining order was
denied.
Mayor Zegarelli asked if there was anyone present who would like
to comment on any matter may do so at this time. No one appearing
before the Board, the regular order of business resumed.
REPORTS OF COMMITTEES
PUBLIC WORKS
Trustee Maceyak gave the following report:
Rodded storm sewer from Fremont circle to Broadway and in the
GM parking lot.
Bank balance as of April 25th is $65,420.00.
Trustee Maceyak moved that specifications be prepared and bids
received on May 23, 1983 for the furnishing and installation of 500
remote reading meters, seconded by Trustee Timmings.
On the question, Trustee Maceyak stated that 907o of water meters
date back to 1930. He stated that the remote part of the meter would
installed on the outside of the owner's property. We have had many
problems of not being able to get into homes, as well as owners not
sending in their readings. The annual savings would be $18,580 and
there will be no problem reading the meters from the outside, he said.
The committee is determining ways of funding the system, one of which
is creating a special tax district which would be tax deductible. The
would be a charge of $10 per month until the amount of $80 is paid for
the installation and purchase.
Another suggested means was to raisel
water rate.
Trustee Timmings stated that up to eight years' ago, the Board
used to receive an annual report showing nlost" water. How much you
buy and how much you sell and anything between those is the difference
for the lowest water.
Trustee Buonanno stated that too many hours are spent reading
meters. We will be getting accurate readings, he said. This is also
a safety aspect - people do not know who the men are also.
Motion carried.
Trustee Maceyak stated that the stairs from Millard Ave. to Phil
Manor railroad station have been completed. The handrail and cap sto
will be completed by the end of the week.
Potholes were filled with blacktop throughout the Village.

Sanders were removed from vehicles and stored in greenhouse.
The dirt which was washed down into the GM parking lot from the rear o

�y
-5Barnhart Park was removed.
The heavy rains washed out behind the central garage portion of
the new garage allowing water to come in. This has been filled and
blacktopped, but the repair is unsatisfactory.. The contractor still
has not provided us with all the proper keys to the new garage.
Trustee Maceyak called for a work session to go down to the new
Village garage to survey some of the problems that exist in the new
garage.
POLICE
Trustee McBride stated that a series of meetings were held regarding
the police department budget.
Trustee McBride moved that Lt. Brophy be granted permission to
attend the Smith-Wesson Pistol I course in Springfield, Mass. from
June 27-July 1 at a cost of $400, seconded by Trustee Timmings. He
stated that there would be no overtime also.
Trustee Buonanno raised the question as to whether or not the
department will be properly manned with the Lieutenant being away, as
well as other members being on vacation, and was answered that the
Chief is making the request and it is with this understanding.
Trustee Timmings questioned if the tuition includes room and
Board and was answered by Trustee McBride that the entire cost to the
Village is $400; all other costs will be borne by Lt, Brophy.
Trustee Timmings stated that it would not be fair for someone
to pay $200 on his own to attend a school if it is of benefit to the
Village.
Following a short discussion, motion carried.
Trustee McBride stated that he is in receipt of a request from
Chief Spota to permit Sgt. William Patten to attend the State Office of
Crime Prevention Basic School at Pamona for one week commencing June 6th
at no cost to the Village and no overtime.
Trustee Buonanno so moved that permission be granted, seconded by
Trustee Timmings.
Carried,
Trustee McBride moved, seconded by Trustee Timmings that bids be
returned on May 23rd on the street light maintenance contract for the
year commencing June 1, 1983-May 31, 1984.
Carried,
Trustee McBride stated that where we normally go out for bid on
meter maintenance contract, one of our highway department personnel,
Charles Annicchiaricco, who has been trained for the job, will do
whatever work is necessary on the meters and therefore, we will not call
for bids on meter maintenance.
Trustee McBride moved, seconded by Trustee Buonanno that Mr.
Simnowski who holds the current contract be notified of same. Carried.

�-6Trustee McBride stated that a request has been made from Chief
Lipsky of Tarrytown to have our K9 unit present at their "Law Day"
sponsored by the W.I. Middle School on May 6th and so moved that
permission be granted, seconded by Trustee Timmings.
Carried.
Trustee McBride stated that Sgt. Patten and Chief Spota addresse
the S.H.M. Taxpayers Assoc, at the Warner Library on Crime Prevention
and Chief Spota will address the Rotary Club at Marymount on May 4th
in connection with Law Enforcement Month.

Trustee McBride stated that a committee meeting will be held on
May 3rd with Chief Spota at 4 P.M. with several representatives of thi
department.
FINANCE
Trustee Buonanno stated that a meeting will be held on April 27tl
adopt the final budget.
Trustee Buonanno reported a balance of $73,888.05 in the General
Fund as of April 25, 1983.
Trustee Buonanno stated that the Board has been meeting with
department heads to review their budgets,
TAX EXEMPT

Trustee Timmings stated that he came across comparison studies c
exempt assessments previously made by our former assessor, the latest
of which was in 1972. In order to bring it into prospective for the
use of the committee, moved that our present assessor be instructed
to furnish an up-to-date information on tax exempt properties in the
Village, seconded by Trustee Lofaro.
Carried.
LABOR &amp; GOV'TL. RELATIONS
Trustee Lobato stated that the committee will be meeting with
negotiators of the PBA. The first session of some substance will be
towards negotiating a new contract, he said.

Trustee Lobato stated that he was in contact with Mamaroneck and
Scarsdale who have some installation of "Search for Change" in their
Villages, for information so that the committee can respond to proposa
made by "Search for Change". He stated that he obtained copies of
contracts and letters of agreement that the Villages entered into and!
will have a recommendation, as well as a copy of the agreements for
Board members.
79 COLLEGE AVENUE

Trustee Timmings moved that a meeting be called for 79 College A
North Tarrytown Housing Dev. Fund, Inc., seconded by Trustee Buonannc
Carried.

The Board took a five minute recess to meet as a Board of Directs
(see attached minutes)

�-7The Board reconvened as a Board of Trustees.
As per request of
Trustee Timmings moved
in receipts, rents and
for 79 College Avenue,

the Board of Directors of 79 College Avenue,
that the Village Treasurer be directed to take
disburse checks in the normal course of business
seconded by Trustee Lobato. Carried.

As per request of the Board of Directors of 79 College Avenue,
Trustee Timmings moved that the building inspector in his capacity
as an employee in the building department, serve as Agent assuring the
day to day functioning of 79 College Avenue so that it is properly
maintained, seconded by Trustee Buonanno.
Trustee Lobato amended the resolution that guidelines be issued
to the building inspector, seconded by Trustee Buonanno.
Carried.
RECREATION &amp; SENIOR CITIZENS
Trustee Maceyak gave the following report:
Dad's Club baseball will open its season tomorrow.
teams in the league.

There are 12

The N. Tarrytown Girls Softball League will open its season on
May 2nd. A total of 60 girls will be participating in 4 teams.
Men's softball will open on May 16th at Memorial Field with 120 men
participating.
The General Motors softball league will tentatively open its
season on May 24th at Peabody Field. The league will have 180 employees
participating. This is at no cost to the Village.
Tiny Tot baseball will begin on May 7th at the S.H.H.S. field. All
children in kindergarten and first grades may participate in this free
program.
The Bike Rodeo will be held on May 21st, rain date May 28th at
12 noon at the Tarrytown Police Parking lot. Children 5 - 1 3 yrs. of
age may participate in bicycle control races, safety checks and minor
repair sessions.
Three seasonal employees have started in Douglas and Barnhart Parks.
The storm damage and litter have been cleaned up.
A picnic table at Clinton Street Park has been destroyed by vandals.
The table has been removed.
All North Tarrytown residents are eligible to join the Town of Mt.
Pleasant swimming pool located at Route 117 in Pocantico Hills. The
fees are: Family - $195/season; individual $75/season and daily - $25
plus $2/day.
Trustee Maceyak moved that due to the fact that there is a difference
of opinion, recreation commission names do not appear in the summer
brochure, seconded by Trustee Buonanno.
Carried.

�-8Trustee Maceyak stated that the committee met with the senior
citizents who prepared their budget. Some funds have been cut, he sa
ADMINISTRATION
Trustee Buonanno offered the following resolution, seconded by
Trustee Lofaro:
WHEREAS Almighty God has seen fit to take unto Himself the soul
of the late Mary Haggerty, and
WHEREAS the said Mary Haggerty was the sister of William Haggert;
custodian for the Village of North Tarry town, and resident of the Vil
for many years having been held in the highest esteem by all those wht
knew her, now, therefore, be it
RESOLVED that the Board of Trustees take official notice of Mary
Haggerty's death, and be it further
RESOLVED that this resolution be made a part of the official
minutes of this meeting and a copy sent to the family of the deceased
Carried.
Trustee Buonanno stated that as per recent appointments made,
compensation is due to one of the appointees and moved that Ugo Checc
be paid $3,000 for the year as part-time code enforcement officer,
seconded by Trustee Lobato.
Mayor Zegarelli stated that he does not recognize the motion for
reasons he gave previously and that he will not authorize any checks
or have his name used for payment.
Trustee Buonanno stated that during work sessions, there was no
discussion or debate on his behalf. He stated that based on the workload of the job, they felt that it would be more appropriate to get tH
job' done with more manpower.
During a discussion between Trustee Buonanno and the Mayor 'regard
the signing of the check, Mayor Zegarelli stated that he has instructe
the Treasurer and Clerk not to put his name on the check.
Trustee Lobato stated that they had a dispute over a lot of appoii
ments and since the Acting Village Justice is important to the Village
had agreed on the appointment. There was an agreement that the three
functions performed by Mr. Page be severed out and that the code enfon
ment officer be performed by a second person, Mr. Checchi, and that th
assessor function be severed out.
They did not agree to it, said
Trustee Lobato. We were going to authorize a non-Village resident to
perform that function, however, you preferred Mr, Page, said Trustee
Lobato.

�Vy

-9Mayor Zegarelli explained that this was the appointive power of
the Mayor. For him to do otherwise would be a diminution of the Mayor's
power. Within the framework of any decision, there will be adequate
provision who is to be paid, said the Mayor.
Trustee Lobato stated that we should compromise.
Trustee Buonanno, referring back to a resolution passed in 1981,
stated that the three part-time positions were made full time. As head
of the administration committee, he stated that we need more "muscle" to
do the job. The committee would like to see the job broken up and more
concentration on the assessor and building inspector aspect.
The code
enforcement officer's position should be segregated, he said.
Mayor Zegarelli stated that he will not authorize his signature
on the check.
Following a discussion, Trustee Maceyak appealed the ruling of
the chair, seconded by Trustee Lobato.

i
Trustee Timmings stated that the resolution to which Trustee
'
Buonanno referred was being taken out of context with the present
&lt;
discussion. It had to do with providing benefits for part-time employees.:
By combining part-time jobs to have sufficient hours to justify benefits
could result in all part-time employees who work more than 17 hours claim ;
that
they were entitled to benefits.
I
Trustee Buonanno called for a vote.
I
Mayor Zegarelli stated that he does not recognize the motion on
the appeal.
Trustee Maceyak - Yes
"
Buonanno - Yes
McBride - Yes

Trustee Lofaro
- Yes
"
Timmings - No
"
Lobato
- Yes

A vote on the motion:
Trustee Maceyak - Yes
"
Buonanno - Yes
McBride - Yes

Trustee Lofaro
- Yes
"
Timmings - No
"
Lobato
- Yes

Mayor Zegarelli stated that he does not recognize the motion.
Trustee Buonanno moved that Victor Page be paid as building
inspector $10,041 plus $1361 as part-time assessor as adopted, seconded
by Trustee Lofaro.
Mayor Zegarelli stated that he does not recognize the motion.

�-10Trustee Maceyak appealed the ruling of the Chair, seconded by
Trustee Lobato.
On the appeal, Trustee Maceyak - Yes
"
Buonanno - Yes
"
McBride - Yes

Trustee Lofaro - Yes
"
Timmings - No
"
Lobato - Yes

On the motion, Trustee Maceyak - Yes
"
Buonanno - Yes
McBride - Yes

Trustee Lofaro - Yes
"
Timmings - No
"
Lobato - Yes

Mayor Zegarelli stated that he does not recognize the motion.

Trustee Buonanno took issue with an article which appeared in tli
local paper and quoted a statement made by one of the firemen that th
Board was stalling the purchase of a new fire apparatus because of th
Attorney controversy.
Trustee Buonanno stated that at no time in any meeting has the
issue ever been brought up.
Mayor Zegarelli stated that we had talked with the Fire Committei
as to when we were going to address it for possible advertisement and
bonding.
Trustee Maceyak stated that this was never brought up by the
wardens nor cleared by them.
fact.
them.

Trustee Buonanno stated that he condemned that type of erroneous
If anyone has any time, we are more than welcomed to meet with
He suggested that a letter be sent to the company.

Trustee Maceyak moved that the Fire Commissioner request the
Board of Fire Wardens to investigate the matter and report back to
the Board, seconded by Trustee Lobato.
j
Motion carried, while Trustee Timmings voted "Nay".

j

FIRE

Trustee Lofaro stated that a letter has been received from the
Fire Wardens that in the event the Village has plans for a room in th(
basement of Central Fire Headquarters, to consult with them before an]
work is done.
A meeting will be held with Mr. Gross, apparatus committee chain
on May 5th, said Trustee Lofaro.
MAYOR'S REPORT

Mayor Zegarelli stated that the Westchester County Village Offi&lt;
meeting will be held on May 12th at Mamaroneck. We will be hosting f
meeting in October, he said.

�r3

-11Mayor Zegarelli stated that a letter was received from Assemblyman
Sullivan acknowledging our letter in regard to the holding period of
stray dogs.
Mayor Zegarelli stated that ceremonies will be held in the cemetery
on May 1st by the New York Guard in memory of the men who safeguarded
the New York City water supply during World War I.
Mayor Zegarelli noted a letter from Dr. Ippolito, President of
the Sleepy Hollow Manor Taxpayers Association, stating that remainder
of work has not yet been completed at Fremont's Pond.
Trustee Maceyak stated that bad weather has hindered the Aqua
Dredge Company from completing the work.
The work will be completed
very soon, he said.

i,
j
j
i

Mayor Zegarelli stated that a letter has been received from
i
Senator Flynn that the OSHA Board has granted some reimbursement in
j
connection with the new Village garage since the violations were corrected^
in the old one. There is some additional work which will be completed
,
in the old garage, he said.
Trustee Maceyak stated that we are in the process of re-doing
specifications and having them sent to OSHA. They are requesting the
cost of repairs which will be forwarded to OSHA, he said. He stated
that as of today, we are completely moved into the new garage. We
are cleaning out the old garage, he said.
Communication from Mrs, Lidia Cruz on behalf of the Dominican
Club requesting permission to hold a dance on May 28th at the Strand
Roller Skating rink from 9 - 1 2 midnight was read.
!

During a short discussion, it was suggested that the matter of
I
alcohol be investigated since minors will be at the dance, after which
,
Mayor Zegarelli moved that the matter be referred to the Chief of Police
for a report, seconded by Trustee Lofaro.
Carried.
Communication from Paul Ranieri, Chairman of the Rescue Hose Flea
Market Committee, requesting permission to erect a banner across
Beekman Avenue, as well as advertising signs in the islands between
North Broadway and Old Broadway and Beekman Avenue and Broadway was
read.
Trustee Buonanno moved, seconded by Trustee Lobato that permission
be granted provided that the signs meet the requirements of the building
code.
Carried.
Communication from Secretary of Fire Council, Gordon Ferguson,
regarding changes in personnel in Rescue Hose Company and request of
Fire Patrol to take its apparatus to Mt, Kisco for a parade on July 15;
Rescue Hose to Peekskill on June 10th; Mamaroneck on July 6th and Croton
August 17th was read.
Trustee Timmings moved that action of Council regarding changes
and requests as specified be confirmed and permission granted, seconded
by Trustee Lobato.
Carried.

�-12The Clerk informed the Board that the Water Department has
submitted a list of delinquent water accounts totaling $10,770.06 to
be entered on the 1983 assessment roll.
Trustee Timmings so moved, seconded by Trustee Lofaro that the
same be entered on the 1983 assessment roll.
Carried.
UNFINISHED BUSINESS

Trustee Timmings stated that the Supt. of Public Works has indici
that there was no need for the position of helper in the refuse accom
and suggested that the budget and employee benefit account be changed
to reflect the reduction of one person.
Trustee Timmings was told that the item was removed.

Mr. Michael Blalock inquired if the County has the right to erec!
the bus stop and no parking signs and explained about the parking
problem on Valley Street,
Mayor Zegarelli stated that the Board did pass a local law
regarding the bus stops on behalf of concerned citizens. He stated
that residents on Valley Street are complaining that four parking
spaces are being taken away from residents because of this and are
having a difficult time finding parking spaces. • They would like the
spaces reinstated at College and Valley Street.
Following a discussion, the matter was referred to the police
committee.
Trustee Timmings also asked that the safety aspect of the bus
stop signs be reviewed.
The matter was referred to the police committee.
NEW BUSINESS
Trustee Lobato stated that a series of letters have been written
and signed by the Board of Trustees advising people of their various
appointments for Village offices and commissions and moved that actioi
of the Board of Trustees be confirmed, seconded by Trustee Buonanno.
Mayor Zegarelli stated that he does not recognize the motion.
Trustee Maceyak appealed the ruling of the Chair, seconded by
Trustee Lobato.
Trustees Maceyak, Buonanno, McBride, Lofaro, and Lobato voted
"Yes" on the appeal, while Trustee Timmings voted "NoV.
On the motion, Trustees Maceyak, Buonanno, McBride, Lofaro and
Lobato voted "Yes" and Trustee Timmings voted "No". Trustee Lobato stated that with regard to signing Village checks
the matter of practicing was probably done by an earlier resolution.

�sT*^

-13Under the law, only two signatures are required, be said. The Village
has the power to abolish. Trustee Lobato proceeded to move that checks
drawn and signed be executed by the Village Treasurer and Clerk and that
the Mayor's signature is no longer required, however Mayor Zegarelli
interjected that he would refuse to accept the motion which would take
away the responsibility given to him by State law to audit every bill
and warrant. He stated that he would hold him personally responsible
and accountable for every bill and charge and every other proceeding
arising thereafter. This is upholding the law, he said. What you
have done and attempting to do is to circumvent the law and attempting
to raid the treasury.
Trustee Lobato stated that a statement should be received from
the Mayor that he is not going to sign the checks. He stated that he
did not think the Mayor would tell the bank that he is unwillingly
a signatory to the checking account and other accounts. He stated that
Mr. Checchi isn't going to get paid, otherwise.
Trustee Maceyak moved to table the discussion, seconded by Trustee
Lofaro.
Trustee Lofaro stated that they are elected officials. The way he
is acting, we cannot do anything, he said. Every time we try to make
a motion, he tells us we are out of order.
Mayor Zegarelli stated that when you try td take away the responsibilities of the Mayor, you are diminishing his authority.
Trustee Maceyak stated that may be there is a question on the
Village Attorney position, but what about the other members.
Mayor Zegarelli stated that he will not pay various bills in
contrary to his position and will so note it on the warrant.
He stated
that he will cross off Janet Gandolfo's name on the warrant because he
does not approve the bill.
This will have to be decided by a higher
authority or the State Comptroller, he said.
Trustee Buonanno moved that the bills submitted on the General
Fund and Water &amp; Sewer warrants dated April 25, 1983 be paid after
approval by department heads and that the Treasurer be authorized to
pay same and that a copy of this resolution be attached to the warrants,
seconded by Trustee Lofaro.
Trustee Timmings stated that if you approve a bill and it is found
illegal, that person will be responsible,
A poll of the Board:
Trustee Maceyak
- Yes
"
Buonanno - Yes
"
McBride
- Yes
Mayor Zegarelli voted "No".

Trustee Lofaro - Yes
"
Timmings - No
"
Lobato
- Yes
!

There being no further business to come before the meeting, Trustee !
Buonanno moved, seconded by Trustee Maceyak that the same be duly adjournej
Carried.
!
Reaoectfully submitted, ^
Pllomena Fallacaro
Clerk

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                    <text>BUDGET HEARING

NORTH TARRYTOWN, N.Y.
April 18th, 1983

A Hearing was held before the Board of Trustees of the Village of
North Tarrytown, N.Y. on the Tentative Budget for the Fiscal Year 1983-1984.
PRESENT

Philip E. Zegarelli, Mayor
Stephen Maceyak
Vincent Buonanno
Joseph Lofaro
James Timmings
Emmanuel Lobato,

ABSENT

Trustees

William McBride, Trustee

Mr. Robert Ponzini and Ms Janet Gandolfo were also present.
Mayor Zegarelli called the meeting to order at 8P.M. and stated that
copies of the Tentative Budget had been available before the Hearing and there
were copies available presently if anyone was interest. He stated that he would
wait five minutes so that anyone present could quickly review the Budget and
ask questions.
Mayor Zegarelli asked if there was anyone present who would like to
address the Board.
Ms Eva Piedmont questioned "Celebration" on Page 9 of the Budget and
asked if this was considered "Recreation".
Mayor Zegarelli stated that according to the Rules and Regulations of
the Department of Audit andControl this item is considered under "Recreation and
Culture".
Mr. Mario Belanich questioned an item under "ETPA" on Page 10 in the
amount of $3,000.
Mayor Zegarelli stated that the $3,000 was for the Administration of
the E.T.P.A. and that a portion of that will be recovered from the Landlord.
Mr. Belanich inquired what the Village was going to give the taxpayers
for the $4.50 increase in the tax rate.
Mayoft Zegarelli stated that the increase covered expected increases in
C.S.E.A. and Police Contracts, increases in cost of various employee benefits,
increases expected in energy for street lighting and several state mandated items.
Mrs. Eileen Meade questioned the amount for "Permanent Improvements"
under Street Maintenance.
Mayor Zegarelli reported this item was money received from the State
for the "CHIPS" Pr ogram and it was expected that the Village would repave Hudson
Street and the Elm Street Parking Lot. It is expected that the same amount
would be received by the Village for the 1983-1984 Budget.

�Mayor Zegarelli reported that the Village expects to spend
approximately $30,000. for the repair and replacement of sidewalks in order
to qualify for $100,000 from the County Urban Development Program.
Trustee Maceyak reported that the Village expects to repair and replace
many sidewalks throughout the Village and expects to spend $130,000.00 in the
next Fiscal Year.
Mr. Mario Belanich inquired if the Water Department had a surplus.
He also asked if they were making money or losing money.
Mayor Zegarelli stated that at the present time the Water Department
is not losing money and they do have money set aside for their suit against
the City of New York and the Arnell Corporation.
Mrs. Meade inquired if the Village had two attorneys who was going
to pay them.
Mayor Zegarelli stated that normally the Village Attorney does not
attend the Budget Hearing, therefore the attorn)»s attending tonight are
attending "pro bono".
There being no further business to come before the meeting, Trustee
Buonanno moved, seconded by Trustee Lofaro that the same be duly adjoilnfed. Carri
^Respectfully submitted,

Irene AmatoC
Deputy Clerk

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                    <text>/ /

NORTH TARRYTOWN, N.Y.
April 11, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli,
Mayor
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel J. Lobato,
Trustees
Robert J. Ponzini, Counsel

Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
Trustee Lofaro moved, seconded by Trustee Timmings that the minutes
of the meeting held on March 28, 1983 be approved as written. Carried.
Trustee Maceyak stated that five members of the Board drew up an
agenda, which they would like to have followed this evening and quoted
Section 4-412-sub. 2 of the Village law whereby the Board of Trustees
may draw up an agenda.
Trustee Maceyak moved that the agenda be followed, seconded by
Trustee Lobato.
Mayor Zegarelli inquired as to how they arrived at the agenda and
Trustee Maceyak answered that five of them had met and came up with this
agenda.
Mayor Zegarelli stated that as a result of this action, informed
them that they are in violation of the open meetings law.
Mayor Zegarelli read a section of the State Law, (Section 95)
pertaining to Open Meetings Law. He stated that five members of the
Board met which constitutes a quorum which is in violation of the public
law and that they go back to the original agenda.
Trustee Lobato appealed the ruling of the Chair, seconded by
Trustee Maceyak.
Mayor Zegarelli stated that the Chair determines the rulings and
read from Roberts Rules that the Chairman should always be courteous and
fair, but when the Chair is convinced that members are using parliamentary
forms merely to obstruct business, he should either not recognize them or
else rule them out of order.
Trustee Buonanno stated that the motion which was made was merely
to vote on an agenda which contains a listing of items they would like
to discuss and nothing more.

�-2Mayor Zegarelli stated that this could have been done at their
work session. They should have approached him on it, he said. This
decided on your own, said the Mayor, which is in violation of the Opi
Meetings Law.
Trustee Buonanno called for a vote.
A poll of the Board:
Trustee Maceyak - Yes
"
Buonanno - Yes
"
McBride - Yes
Mayor Zegarelli voted "No".

Trustee Lofaro - Yes
"
Timmings - No
"
Lobato - Yes
Motion carried.

Trustee Timmings stated that it was his understanding that some
members of the Board met with an Attorney last week. At the last me&lt;
a motion was passed that an Attorney be hired.
Trustee Buonanno interjected that the resolution was adopted. I
maintained that we adhere to the agenda.
Mayor Zegarelli stated that he did not recognize the motion.
Trustee McBride stated that once you are over-ruled, you cannot
go back to a motion.
Mavor Zegarelli stated that if the Board contradicts the law,i!
is the Mayor s obligation to prevent them from acting illegally and
therefore he feels that the majority of the Board is acting illegally
in this matter and will not recognize the various motions and resolut
that are considered illegal.
Trustee McBride read Section 4-412 of the Village Law about thej
powers of the Board of Trustees.
Mayor Zegarelli stated that this was not in order.
After reading the section in the Village law, Trustee McBride tc
the Mayor that he had no authority and the motion should stand.
Mayor Zegarelli referring to what Trustee McBride read in the h
stated that the majority side admitted that they met separately in
violation of the N.Y.S, law.
Trustee Buonanno moved that stenographer Julie Wolfe take the
minutes of this meeting at no cost to the Village, seconded by Trustt
McBride.
Mayor Zegarelli stated that there is no official set of minutes
and according to section 4-402, only that by the Village Clerk.
Trustee Buonanno called for a vote on the motion.
Mayor Zegarelli ruled the motion out-of-order and noted that thi
five trustees expression of opinion.
Mayor Zegarelli stated that since no official minutes were going
be taken, entertained a motion to adjourn.

�* /

-3Trustee Timmings so moved, seconded by Mayor Zegarelli.
A poll of the Board:
Trustee Maceyak
- No
"
Buonanno - No
"
McBride
- No
Mayor Zegarelli voted "yes".

Trustee Lofaro
- No
"
Timmings - Yes
"
Lobato
- No
Motion not carried.

Trustee Maceyak moved that as according to the Mayor, the official
minutes of the meeting will be taken by the Village, seconded by Trustee
Buonanno.
Carried,
Mayor Zegarelli inquired as to in what capacity and what remuneratior
would the stenographer receive.
Trustee Buonanno stated that the stenographer was hired by them
and that he would pay for her services personally.
Trustee Buonanno moved that Mrs. Wolf take the minutes at no cost
to the Village, seconded by Trustee Lobato.
Carried,
Trustee Maceyak moved to vote on the agenda, seconded by Trustee
Lobato.
Mayor Zegarelli stated that you have not provided for public
input or public opinions.
Trustee Timmings stated that this was an attempt to stifle citizen
participation. He stated that people are usually coming to Board
meetings and basically there is an open floor to them.
Trustee Buonanno called for a vote on the agenda.
Mayor Zegarelli stated that the agenda was made available to him
this evening.
He read the agenda to the audience and stated that this
was submitted by the majority of the Board.
A poll of the Board:
Trustee Maceyak
- Yes
"
Buonanno - Yes
"
McBride
- Yes
Mayor Zegarelli voted "No".

Trustee Lofaro
- Yes
"
Timmings - No
"
Lobato
- Yes
Motion carried.

Appointments Acting Village Justice - Mayor Zegarelli stated that there is no
judicial carry-over.
He stated that it was brought to his attention by
the majority of the Board to propose the names of Thomas Mitchell,
Thomas McKenna and Warren Sheldrake as an appointment of the Mayor,
subject to the approval of the Board.
Mayor Zegarelli proposed the
name of Catherine Brown.
Trustee Timmings moved to confirm, seconded by Mayor Zegarelli.

1

�~4~

1

On the question, Trustee Lobato stated that since the dispute 1
broke out between the Mayor and the Board over appointments, the Boaia
sought to sever out the office of Acting Village Justice from the di«
because of the importance of that office.
The office should be filll
by an experienced criminal lawyer. All the attorney's proposed are I
experienced criminal lawyers, he said.
Trustee Lobato told the Mayi
that he has not seen fit to compromise or meet the Board half way anfl
instead proposed a person whom they do not know and who has not had ji
criminal experience. They have discussed this and in a continuing j
effort to keep the office of Acting Village Justice out of politics, ]
the Board agreed to affirm or confirm your appointment of Dennis FitzjJ
he said.
He has sat on the bench, said Trustee Lobato, and in view I
your inability to cooperate, we will make that gesture so that the oiij
is filled by an experienced attorney.
i

Mayor Zegarelli stated that he (Lobato) had proposed Thomas Mitt I
and he proposed Dennis Fitzgerald, but he turned against him. He stc
that he was not introduced to Thomas Mitchell. Mayor Zegarelli told )
Trustee Lobato that at a work session, he did not want Mitchell, but
proposed Thomas McKenna. Then, still later, William Sheldrake. He
received the call on Saturday and was told they wanted Warren Sheldrd
said the Mayor.
The Mayor stated that he would not play judicial 1
musical chairs on this appointment.
j
Mayor Zegarelli now asked to turn down this person and he will J
appoint Mr. Fitzgerald.
A poll of the board:
Trustee Maceyak
- No
"
Buonanno
No
"
McBride
- No
Mayor Zegarelli voted "Yes".

Trustee Lofaro - No
"
Timmings - Yes
"
Lobato - No
Motion not carried.

Mayor Zegarelli appointed Dennis Fitzgerald Acting Village Justi
for a term of one year.
Trustee Timmings moved to confirm, seconded by Mayor Zegarelli.
Carried.
Trustee Buonanno stated that personnel matters discussed at a w
session should not have been discussed at a public meeting.
Trustee Maceyak inquired as to why Mr. Ponzini was taping this
meeting and was answered by Mr. Ponzini that he was doing it as a
personal matter without any cost to the Village.
In answer to Mayor Zegarelli's statement, Trustee Lobato stated
that he failed to mention material information which he discussed wit
him several times. He told him that he polled local Village Justice,
R. Bettman; former Acting Village Justice, Mr. Spencer; former Villag
Justice, E. Allen, Town Justice Shapiro to see if they would sit on a
interim basis as Acting Village Justice,
Mr, Bettman expressed a
willingness to help us out. At that time, he (the Mayor) had already
rejected Mitchell and McKenna.
Mayor Zegarelli stated that he had spoken to Mr. Mitchell and he
supposed to meet him tonight. At Wednesday's work session, said the

�&lt;£3&gt;

-5Mayor, he informed the Board that Town Justice Chessari would sit if
we needed him.
Trustee Lobato stated that the law requires that we have an Acting
Village Justice. He stated that Justice Bettman presently sits as
Village Justice in Tarrytown on Thursdays, although he did express a
willingness to help out on an interim basis. What we should do was to
find someone completely removed from politics, said Trustee Lobato, and
Mr. Sheldrake's name came up in discussions with Justice Bettman. He
stated that he saw no criminal law experience in Mrs. Brown. Trustee
Lobato stated that the Board had changed their recommendation in order
to try to get politics out of the appointment of an Acting Village
Justice.
Trustee Timmings stated that the Village Justice does not have to
be a lawyer, but the Acting Village Justice does.
Following a discussion, Mayor Zegarelli polled the Board on the
appointment of Dennis Fitzgerald as follows:
Trustee Maceyak - Yes
"
Buonanno - Yes
"
McBride - Yes
Mayor Zegarelli voted "Yes".

Trustee Lofaro - Yes
"
Timmings - Yes
"
Lobato - Yes
Carried.

Trustee Maceyak wanted the record to show that Mr. Ponzini brought
a tape recorder into the room without the knowledge of anyone here.
Counsel stated that he did not know Mr, Maceyak was going to bring
a stenographer.
Trustee Lobato moved the following, seconded by Trustee Lofaro:
BE IT RESOLVED that an examination of the record show that the
Village office of Village attorney has not been established in North
Tarrytown, but in the event the Village office of Village attorney be
deemed to have been established in North Tarrytown it is hereby abolished
pursuant to an exercise of the power of the Board of Trustees under
Village Law Section 4-412 (1) and that all future legal services to be
performed on behalf of the Village of North Tarrytown and legal counsel
and services to be provided to the Board of Trustees of North Tarrytown
shall be provided by an individual or a law firm retained for those
purposes pursuant to a contract that shall provide for payments of"such
attorney or law firm on an hourly basis only.
Mayor Zegarelli stated that he does not recognize the motion and
that he would read again that there was no vacancy for Village attorney.
He stated that Mr. Ponzini continues in office and that is the fact.
He stated that this is circumventing the Village law and Civil Service
law.
Mayor Zegarelli ruled the motion out-of-order.
Trustees Maceyak, Buonanno, McBride, Lofaro, and Lobato voted "Yes".
Trustee McBride stated that the Mayor was totally wrong and should
recognize the vote.

�-6Mayor Zegarelli read Section 4-400, Article IV, "whereby it shall!
be the responsibility of the Mayor to appoint all department and non-;
elected officers and employees, subject to the approval of the Board
Trustees.
Mayor Zegarelli stated that he will not recognize any motion to
abolish the position.
Trustee Timmings read the attached opinion from the Attorney Get
(see attached)
Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted in
favor of the motion.
Mayor Zegarelli stated that he will not recognize the motion.
Trustee Buonanno informed the Mayor that you cannot deny recogni
Mayor Zegarelli stated that there is no vacancy.

j

Trustee Lofaro read Section 4-400 which states in part, " subject!
to the approval of the Board of Trustees". The appointment is not j
complete until the Board has approved the appointment, said Trustee ji
Lofaro.
1
Mayor Zegarelli stated that Mt. Kisco is going through the same
thing and are going to the Attorney General and asked why this Board
does not do the same. He again reiterated that if the Chair is
convinced that members are using parliamentary forms merely to obstru
business, he should not recognize them or else rule them out-of-order1
Trustee McBride answered that this is not obstructing business..
Trustee Lobato moved to limit debate to two minutes by each meml)
seconded by Trustee Buonanno, after which Trustees Maceyak, Buonanno,
McBride, Lofaro and Lobato voted "Yes".

Trustee Lobato moved that the Board of Trustees, including the 1!
hire Janet Gandolfo as Attorney for the Village pursuant to a regulai
agreement, a copy which has been provided to every member for a peric
of one year commencing April 12, 1983 - April 2, 1984, to perform leg
services on behalf of the Board of Trustees of the Village of North
Tarrytown for a fee of $50 per meeting, regular and special, $60 per
hour for legal services rendered out-of-court and $75 per hour for le
services rendered in court; and that the Mayor be instructed to sign s
seconded by Trustee Maceyak.
Mayor Zegarelli ruled the motion out-of-order.
Trustee Buonanno called for a vote, after which Trustees MaceyaK
Buonanno, McBride, Lofaro and Lobato voted "Yes".
Mayor Zegarelli stated that this was in contravention of the Sta
law and Civil Service law.
He stated that this was no motion and ru
it out-of-order. He stated that you cannot abolish his position.
Trustee Lobato proceeded to move that notice be given to the
Village Treasurer that Janet Gandolfo -- when he was. overruled by the

�^sr

-7Mayor that he could not do that, only the Mayor can declare a vacancy.
Trustee Lobato again moved that notice be given to the Treasurer
of the Village that Janet Gandolfo is the attorney for North Tarrytown
and Mr. Ponzini is not to be paid for any future legal services performed
and if she does, she would be held responsible, seconded by Trustee
Maceyak.
Mayor Zegarelli ruled the motion out-of-order.
An appeal of the decision, Trustees Maceyak, Buonanno, McBride,
Lofaro and Lobato voted "Yes".
Mayor Zegarelli reiterated that if they
of business, he should not recognize them or
stated that he would not entertain any other
the Mayor's position regarding the status of
Attorney.

are obstructing the order
rule them out-of-order. He
motions that would subvert
Mr. Ponzini as Village

Trustees Maceyak, Buonanno, McBride, Lofaro, Lobato voted "Yes"
regarding the notice to the Village Treasurer.
Trustee Lobato moved that a letter be sent, signed by the Mayor
and Board, requesting that Mr. Ponzini turn over to the Clerk of the
Village, all files, papers and effects, seconded by Trustee Lofaro.
Mayor Zegarelli ruled the motion out-of-order.
Trustee Lobato appealed the motion, seconded by Trustee Buonanno.
Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted "Yes"
on the appeal.
Mayor Zegarelli ruled it out-of-order. He instructed the Treasurer
that in all cases, he (Mr. Ponzini) is to continue in his position. Not
to do so would be a violation of the Civil Service and State of New
York law, said the Mayor.
Trustee Maceyak stated that question of order takes precedent if
a member objects.
Mayor Zegarelli stated that he was talking about Robert's Rules as
a procedure to orderly government,not illegal motions.
Trustee Lobato moved that this Village hire Janet Gandolfo for
the position of Village Prosecutor, pursuant to a contract, seconded by
Trustee Buonanno.
Mayor Zegarelli stated that this is an illegal motion and not
recognized and ruled it out-of-order.
Trustee Maceyak appealed the ruling of the Chair, seconded by
Trustee Lobato.
Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted "Yes".
Trustee Lobato moved that notice be given to Janet Gandolfo that
she is the Village Prosecutor and that Mr. Tucciarone is not to be paid
for any future services, seconded by Trustee Buonanno.

�-8Mayor Zegarelli ruled the motion out-of-order.
Trustee Maceyak appealed the ruling of the Chair, seconded by
Trustee Buonanno.
Mayor Zegarelli stated that no motion was in effect.
Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted "Ye
Mayor Zegarelli stated that this was in violation of the law and]
will hold them personally responsible both in law and expense.
Trustee Lobato moved that a letter be sent to John Tucciarone tol
turn over all his files, papers, things and effects relating to the
Village services he may have performed, seconded by Trustee Buonanno,]
Mayor Zegarelli ruled the motion out-of-order.
Trustee Maceyak appealed the decision of the Chair, seconded by
Trustee Buonanno.
Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted "YeJ
Mayor Zegarelli stated that he does not recognize the motion or
the vote.
Mayor Zegarelli stated that the Village Assessor was inadvertent!
omitted from the April 4th meeting and appointed Victor Page, Assesso
for a term of one year.
Trustee Timmings moved to confirm the Mayor's appointment, secom
by Trustee Maceyak,
Carried.
Trustee Buonanno moved that Elias Tsekerides be appointed a tnembe
of the Recreation Commission for a term of five years, seconded by
Trustee Maceyak.
Mayor Zegarelli stated that there is no motion; he does not
recognize the motion. This is a Mayor's appointment, he said. This
in violation of his proper responsibility, said the Mayor. He quoted
the General Municipal Law, Section 243, sub. 2, Recreation Commission
that such a commission, if established, is to be appointed by the Mayoi
Our commission was under a separate State law, he said. He stated that
as an officer, if there is a vacancy and that person desires to stay
he would stay on, said the Mayor.
Trustee Lobato answered that they were filling the vacancy.
Trustee Buonanno

moved the question, seconded by Trustee Lobato.

Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted "Yq
Mayor Zegarelli stated that there is no motion.
Trustee Lofaro moved that Frank Caro be appointed a member of the
Planning Board, seconded by Trustee Lobato.

�^7

-9Trustee Lofaro amended the motion for a term of five years,
seconded by Trustee Buonanno,
Mayor Zegarelli ruled the motion out-of-order again stating that
they are taking the appointing powers away from the Mayor.
Trustee Lobato referred to the Village Law, 7-720 whereby the
Board of Trustees are empowered to appoint members of the Planning
Board.
Trustee Maceyak appealed the ruling of the Chair, seconded by
Trustee Buonanno.
Trustees Maceyak, Buonanno, McBride, Lofaro and Loabto voted "Yes".
Mayor Zegarelli stated that there was no motion.
Trustee Lobato moved that Ugo Checchi be appointed part-time
Code Enforcement Officer, seconded by Trustee Buonanno.
Mayor Zegarelli ruled the motion out-of-order.
Trustee Lobato appealed the ruling of the Chair, seconded by
Trustee Maceyak.
Mayor Zegarelli ruled it out-of-order.
Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted "Yes".
Mayor Zegarelli stated that you cannot contravene the law.
Trustee Buonanno moved to direct the Village Treasurer to make
checks payable to Ugo Checchi, seconded by Trustee Lobato.
Mayor Zegarelli ruled the motion out-of-order.
Trustee Maceyak moved to appeal the Chair, seconded by Trustee Lobat
Mayor Zegarelli ruled the motion out-of-order.
Trustee Lofaro moved to appoint Theodore Hutchinson Village
Historian, seconded by Trustee Maceyak.
Mayor Zegarelli ruled the motion out-of-order.
Trustee Maceyak moved to appeal the ruling of the Chair, seconded
by Trustee Lobato.
Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted "Yes".
Mayor Zegarelli stated that the motion is illegal.
Trustee Maceyak moved to appoint Terrence O'Connor a member of
the Library Board, seconded by Trustee Lobato,
Mayor Zegarelli ruled the motion out-of-order.

�-10Trustee Lofaro moved to appeal the ruling of the Chair, secondei
by Trustee Maceyak.
Mayor Zegarelli stated that this is in contravention to the
appointing powers of the Mayor and is, therefore, ruled illegal.
Trustee Buonanno read a section of the law whereby this position
shall be appointed by the Village Board of Trustees.
•

Mayor Zegarelli stated that you are usurping the Mayor's power.
i

Trustee Lobato moved to appeal the ruling of the Chair, seconded
by Trustee Buonanno.
;
Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted "Ye1

Mayor Zegarelli stated that this is against the opinions of the J
Attorney General and the law supporting the Mayor's powers.
•
Trustee Buonanno moved that with regard to all appointments made
tonight, the Clerk be instructed to notify all people involved, secoi
by Trustee Maceyak.
Mayor Zegarelli stated that the Board's letters are illegal.
Letters under the Mayor's signature have already been sent out.
Trustee Maceyak moved to appeal the ruling of the Chair, seconds
by Trustee Lobato.
Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted "Ye

Mayor Zegarelli stated that he had the backing of opinions by til
Attorney General that viewed the whole action by the five individuals
of the Board in violation of the open meetings law. They met separat!
as a quorum to determine Village business without the benefit of' the
public's presence and that the sixth member of the Board was not incl:
in the meeting as a member of the Board of Trustees, consequently, th
Chairman's (Mayor's) decision that the previous resolutions are in
direct violation of the public information law, Village law and opini
of the Attorney General will hold.
Trustee Buonanno stated that it was merely to meet on the format
and ^preparation of the agenda.
Mayor Zegarelli asked if there was anyone present who would like
to address the Board.
No one appearing before the Board, the regul
order of business was resumed.
REPORTS OF COMMITTEES
PUBLIC WORKS
Trustee Maceyak gave the following report:
Excavated and replaced broken valve stem of 4" valve on Palmer
Avenue and reset sanitary sewer manhole on Fremont Road just north of
Hemlock.

�**?

-iiReplaced broken curb box on Farrington Avenue, near Broadway.
Richard Gross will attend a Health Dept. Grade 11B Water Treatment
course in Rye, April 25-29.
Bank balance as of April 11, 1983 is $57,215.
Removed sand barrels from various locations throughout the Village
and placed blacktop in pot holes.
Continuing with replacing steps at the railroad station to Millard
Avenue.
Removing leaves in bags on Mondays and Thursdays.
in this matter is improving substantially.

Cooperation

John Johnson will attend a workshop on April 19th, regarding
the maintenance and repair of Leach packer bodies.
FINANCE
Trustee Buonanno reported a balance of $201,755.90 in the General
Fund as of April 11, 1983.
Trustee Buonanno moved that action of the Treasurer in depositing
a certificate of deposit in the amount of $700,000 for thirty days at
7%7o and a certificate of deposit in the amount of $100,000 for thirty
days at 7%% with the First National Bank of North Tarrytown be.confirmed,
seconded by Trustee Lofaro.
Carried,
Trustee Buonanno stated that the entire Board is meeting with
department heads to review budget requests for the 1983-84 budget and
hopefully will be completed by next week.
Mayor Zegarelli stated that the budget hearing will be held on
April 18th.
TAX EXEMPT
Trustee Timmings stated that he has not had a chance to have a
committee meeting. He stated that some papers have been filed that
effect tax exempt properties.
LABOR RELATIONS &amp; GOV'TL. RELATIONS
Trustee Lobato stated that the new committee will meet with PBA
on April 13th. He stated that they will try to make some progress.
Trustee Lobato stated that "Search for Change" approached the
Village regarding the Pocantico Street property and we advised them that
we will look into the situation.
The entire Board met with the
organization, said Trustee Lobato.
79 COLLEGE AVENUE
Trustee Timmings stated that we have not had a committee meeting.
He stated that an employee who is caretaker at 79 College Avenue has
requested payment for services. He stated that he informed him that he

�-12would be paid as soon as the corporation meets.
RECREATION &amp; SENIOR CITIZENS
Trustee Maceyak gave the following report:

The summer brochure is being prepared.
Programs will include:
Tennis, weight lifting, basketball, flag football, wrestling, advance!
lifesaving, racquetball, TV workshop, photography and a various numbel
of special events.
I

Our annual Bike Rodeo will be held sometime in mid May. The rodJ
will be held in the parking lot in the rear of the Tarrytown Police
station. Bicycles will also be checked for safety and registered by •
police.
\
In the past few weeks, many beer and soda bottles and other
J
garbage have been left in our parks and playgrounds. The hardest hit|
was Margotta and Clinton playgrounds and also Barnhart. Graffiti wasj
written on the pavillion at Barnhart Park and shed at Douglas Park.i
The Devries ball field utility building has also been vandalized witlil
graffiti.
There was some storm damage in Douglas Park and Barnhart Park,
Seasonal employees will start work next week.
Trustee Maceyak stated that he has not yet called a meeting of
the senior citizens committee.
Mayor Zegarelli stated that there was a problem with regard to
out-of-towners signing up their children for our Day Camp. He stated
that preference be given to our residents first. We received complaii
regarding this last year, he said.
Trustee Buonanno stated that Trustee Lofaro provided the Board
with a breakdown as to where people came.
Trustee Maceyak stated that they will go over the matter at the
next work session. He stated that the school provides the facilities
however, we pay for it. This has been the policy of the Village, he
FIRE
Trustee Lofaro stated that an estimate of repair work on Pocantii
H &amp; L apparatus will be received shortly.

Letters will be sent out to residents regarding inspections to to
made by the fire inspectors.
MAYOR'S REPORT
Mayor Zegarelli stated that the Village officials1 meeting will
be held at the White Plains Hotel on Thursday.
The County Executive office called and would like the use of
Central Fire Headquarters for a meeting to be held on May 18th.

�* /

-13Trustee Timmings moved, seconded by Trustee Lobato that Central
Headquarters be used as an open town meeting for the County on May 18th.
Carried.
COMMUNICATIONS
Communication from Mr, &amp; Mrs, Gaspar Cruz of Clinton Street on
behalf of the Dominican Club to hold a dance at the Strand Roller Skating
Center on April 16th from 9 - 1 2 midnight was read and on motion of
Trustee Buonanno, seconded by Trustee Timmings, permission be granted
and that the police department be notified of same.
Carried.
Communication from the Women's Auxiliary of
Ind. Club, requesting permission to hold a dance
95 Beekman Avenue, from 7 - 1 2 midnight was read
Mayor, seconded by Trustee Lobato, permission be
police be notified of same.
Carried,

the Italian-American
on April 23rd at
and on motion of the
granted and that the

Communication from L. Rodrigues, President of the Strand Roller
Skating Center, requesting a decision regarding his request to install
video games in his center was read.
The matter was referred to the Governmental Relations committee.
Trustee Lobato stated that it will be discussed at a work session. A
decision will be made as to whether or not a hearing will be held one
way or another.
Communication to the Chief from Marion Rainey thanking the police
and ambulance corps for their aid when Mr, Rainey was experiencing
breathing difficulty was read and placed in their files,
UNFINISHED BUSINESS
Trustee Timmings stated that the Board voted to have representation
of an attorney pending legal action. He stated that he understands
that some members of the Board met with the attorney last week. He was
not invited to that meeting. If more than three members of the Board
did attend, it constituted a quorum and therefore, effects Village
business.
Trustee Lobato stated that any time you get four Trustees together
is not necessarily a quorum - they were not certainly conducting Village
business, he said. As to the meeting, he said that they are at odds
with the Mayor. They were not conducting Village business; they were
seeking legal Counsel and legal representation. The Mayor and Trustee
Timmings have taken a position contrary to the majority of this Board.
It would be an invasion of our rights to confer in confidence with an
attorney if Timmings were to attend,-he said.
If Timmings truly was
at odds with the Mayor and supported the position we take as to our
right to abolish the Village office of Village attorney, then he would
have been invited. He stated that Timming's behavior at this meeting
and failure to participate and cast a vote upholds the Mayor's position
that he can unilaterally cut off voting on motions or making motions.
The Board members met to formulate what their rights are in this matter,
said Trustee Lobato. The representation by Counsel was for those
Trustees who seek the aid of Counsel, Mr. Abinanti, because of a dispute
with the Mayor, he said.

�-14Mayor Zegarelli stated that you hired him as a Board and willful
did not include Trustee Timmings. He stated that under the authority
provided by law, asked for the retention of Arthur Olick who will act
on his behalf in the matter at Village expense.
Trustee Timmings stated that he does not have authorized legal
representation and requested the services of Counsel.
•

Trustee Maceyak moved that those who are in agreement with the
position of Mayor be represented by Counsel at Village expense and )
those who are not in agreement with the Mayor's position be represent!
by Thomas Abinanti at Village expense, seconded by Trustee Lobato. Carj
Following a discussion as to who will represent the Mayor and
Trustee Timmings, Trustee Timmings moved,seconded by Trustee Lobato
that they be represented by Counsel also at Village expense. Carried
Trustee Lofaro stated that Mr. Quinn. informed him that he has &lt;,
still not received payment for boarding up the Pickwick Post restaural
Trustee Timmings stated that if a Village official acting in his;
capacity asked Mr. Quinn to board up the Pickwick Post, the Village *
should pay the bill and institute a tax lien against the property, if,
legal.
Mayor Zegarelli agreed that the contractor ususally gets paid an
lien is placed on the property.
Trustee Lofaro moved that Mr. Quinn be paid and that proper lega
remedies be instituted, seconded by Trustee Timmings.
Trustee Buonanno amended the motion to pay Mr. Quinn and retain
Janet Gandolfo as Counsel to represent the Village, seconded by
Trustee Lobato.
Mayor Zegarelli ruled the amendment out-of-order stating that it
was in contravention of the law as stated previously,
.Trustee Maceyak appealed the decision of the Chair, seconded by
Trustee Lobato.
Mayor Zegarelli stated that he does not recognize the motion and
that the Treasurer is empowered to handle this without any expense an
without the use of a lawyer.
Trustee Buonanno stated that a motion is on the floor that has In
amended and called for a vote.
Trustees Maceyak, Buonanno, McBride, Lofaro and Lobato voted "Yei
Mayor Zegarelli stated that if the Treasurer pays the bill, she
will personally be held liable and quoted a section of the law, 4-4O0
POLICE
Trustee McBride gave the following police report for March:
(see attached)•

I

�S3

-15Trustee Buonanno moved, seconded by Trustee Maceyak that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated April 11,
1983 be paid after approval by department heads and that the Treasurer
be authorized to pay same and that a copy of this resolution be attached
to the warrants.
Carried.
There being no further business to come before the meeting,
Trustee Lofaro moved, seconded by Trustee Maceyak that the same be duly
adjourned.
Carried.
Respectfully submitted,

Filomena Fallacaro
Clerk

�tion in the town. Section 64 (II) permits the designation of "any"
newspaper published in a city or village in an adjoining county if such
newspaper has a circulation in the town.
In summary, it is our opinion that:
1. A Pennysaver-type circular may not be designated the official
town newspaper.
" 2. Provided all statutory criteria are met, a newspaper published
in Pennsylvania may be designated the town's official newspaper.
. 3. It is not necessary for the town, in choosing a newspaper
published outside the county, to designate the paper having the
greatest circulation in the town.
Dated: June 28, 1979
Hon. Charles P. Ayers, Jr.
Town Attorney, Towns of Tioga, Newark Valley, and Berkshire

4

:

\

VILLAGE LAW, § 4-400 (1) (c)
i:?v

' • A village board of trustees does not have the power to remove a
£1 ^^£/i;_ village attorney who holds his position through appointment by the
'-&amp; ^^^T-: mayor and, consequently, a resolution of a board of trustees that
the village attorney "be terminated with no benefits or salary as of
April 1,1979," is ineffective to remove the village attorney, and the
portion of the resolution eliminating benefits or salary cannot be
operative because it is an attempt to accomplish indirectly that
which the village board of trustees is powerless to do directly.
h'.- We acknowledge receipt of your letter inquiring whether you are
'still the Village Attorney of the Village of Chittenango. The following
: .V
facts have been presented to us bearing upon this question.
You were appointed Village Attorney on April 3, 1978 by the
Village Mayor and the appointment was approved by the Village
Board of Trustees, and commencing on that date you were the Village
Attorney. On April 2, 1979, the same Mayor, who had been reelected, again appointed you Village Attorney. You had not resigned
from that position and had not been removed by the Mayor, and prior
to the Mayor's appointment he had not attempted to appoint anyone
-. ^' else. The Village Board of Trustees refused to approve the Mayor's
appointment of you to the position of Village Attorney on April 2,
1979. Following this refusal, a motion was made and carried and it is
177

�recited in the minutes of the meeting that you, as Village Attorney,
"be terminated with no benefits or salary as of April I, 1979."
Vitlage Law, § 4-400 (1) (c) makes the appointment of a village attorney a mayor's appointment, subject only to approval by the Board
of trustees. However, the village mayor alone has the power to remove
the village attorney and such power is not subject either to consent or
approval by the board of trustees (1974 Atty Gen (Inf Opns) 204). The
position of village attorney is as an employee of the village and in the
exempt class of the civil service (1974 Atty Gen [Inf Opns] 204).
Employment in that class of the civil service is at the will of the appointing officer or agency, and employment continues until terminated by appointment of a successor or by removal of the employee
by the appointing authority or by resignation or from other similar
causes (1977 Atty Gen [Inf Opns] 224). The fact that custom or the
resolution or order making an appointment specifies a termination
date is irrelevant (1974 Atty Gen [Inf Opns] 164, 2d opn).
In our opinion, the Village Board of Trustees does not have the
power to remove the Village Attorney, who holds his position through
appointment by the Mayor, and, consequently, the resolution of the
Board of Trustees that the Village Attorney "be terminated with no
benefits or salary as of April 1, 1979," is ineffective to remove the
Village Attorney, and the portion of the resolution eliminating
benefits or salary cannot be operative because it is an attempt to accomplish indirectly that which the Village Board of Trustees is
powerless to do directly.
In our opinion, you are still the Village Attorney and you are entitled to the benefits or salary of. that position.
Dated: June 28, 1979

-&amp;

-S
'.r •*•

~ * ."

,v •• K

Hon. Peter J. Hopkins
.•&gt;-.};•'
Village Attorney, .Chittenango .Kv#*'

NEW YORK STATE DEFENSE EMERGENCY ACT, UNCONSOLIDATED LAWS 9101-9190, GENERAL MUNICIPAL LAW
209-O.
-•••-.
~ . -- *
•t

Pre-existing Village Local Law concerning auxiliary police must
conform to State legislative authorization.
This is in reply to your letter of May IS, 1979 in which you seek this
office's opinion as to the status of the Village's auxiliary police force
established under Local Law No. 1 of the year 1970 by the Village of
Medina.

w&gt;

178

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TELEPHONE

(914) fv* 1-0800

RICHARD J. SPOI
CW«/ o/ Poltt,

*.
' " i

lolite Btpartment
"tillage of ^ottt) GCatrptoftm, J?. §• 10591
POLICE REPORT

J

' &gt;

Total Number Charged by Police:
1 . Arrested
2. Summoned
•

I'

MARCH

1983

.

Total »

' ' , I &gt;'

*

'.i

f ''!

Persons Charged with Crimes or Violationss
1. V&amp;T Moving
2. V&amp;T Non-Moving
.
3. A.B.C. Viol. - Sale to Minors
.
4 • Harassment
••
5. Village Ord. - Drinking in Public
.
6. Burglary 2nd
,
7. Criminal Mischief 4th
•
8 • Trespass •
»
•
9. Grand Larceny 3rd
10. Criminal Possession of Stolen Property 2nd
11. D.W.I.
12. Operating with a Suspended or Revoked License
13. Petit Larceny
.......•••
14. Criminal Possession of Stolen Property 3rd
15. Resisting Arrest
16. Criminal Possession of a Controlled Substance 7th
17. Unlawful Possession of Marijuana
18 . Disorderly Conduct
^
•
19. Reckless Driving
20. Soliciting without a Permit
•
21. Criminal Possession of a Weapon 4th
22. Scoff law
23. Possession of Gambling Records 2nd.
24. Assault 2nd
•
25. Damage to Village Property
Total
26. Criminal Possession of a Hypodermic Insturment
27 • Criminal Impersonation
•
28. Obstructing Governmental Administration
29. Dog Ord. Violations

155
1196
1351
81
10
1
, 3
3
1
1
5
1
1
8
4
1
1
2
2
6
6
1
2
1
2
2
1
1
155
1
1
1
5

�^7.

TELEPHONE

^&amp;^k^k^

„

, c.

police department
Wage ot ^ortli Sarrptofem, &amp; ^. 10591
king Violations:
. Metered Parking
. Other Parking Violations

•

_ |33
ao&gt;
*

Total

1196

estigation of Reported Felonies
estigation of Other Complaints
estigations of Auto Accidents
ing of Injured at Accidents
"
;r&lt;ji) .

i

-^

-s '

14
279
26

T

' . .1 i&gt; &lt;:»ti&gt;. • . . . • « .

Total*
t . i t « i •».»-*»*»«•.••••««•««»••»•/*•

rts
ice Aid t o Sick Persons
ulance Requests
ponding to Alarms
ests o n Warrants
sing Persons
er Calls for Assistance
k House Checks (38 Houses)

•

4
323 ..

* V ! ^'-* ' V

v

•

J

'•
3

30

•
•

16
17
5
8

*

•••

2 6 3

412
Total

Respectfully submitted,

Richard J. Spota
Chief of Police

754

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ORGANIZATION MEETING
~—"•

NORTH TARRYTOWN, N.Y.
April 4, 1983

The Organization Meeting of the Village of North Tarry town, N.Y .
was held on the above date.
Present

m

Philip E. Zegarelli,
Mayor
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel Lobato,
Trustees
Robert J. Ponzini, Counsel

Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
Mayor Zegarelli stated that tonight, we depart from normal procedure
in that the meeting is purely to reorganize, he said. There are no
provisions for remarks or requests from the audience, he said.
Mayor Zegarelli welcomed back three Trustees who have served on the
Board previously, Messrs. McBride, Buonanno and Timmings.
Mayor Zegarelli gave the following statement:
(see attached)
Village Attorney - As stated in the Village Law and brought forth in
many instances, there is no vacancy in the position of Village Attorney,
said the Mayor. He said that by other determinations, this post and
others are considered employees of the Village. He, Robert Ponzini, is
still the Village Attorney and he shall continue in that office, said
the Mayor.
Mayor Zegarelli stated that the Village Prosecutor's position is
noted as that of an employee, and suggested that John Tucciarone would
continue as Village Prosecutor.
Village Auditor - It was the unanimous consent that the firm of Singlar
and Landry be retained as Village Auditor for one year.
Member of the Recreation Commission - In analyzing the law, Mayor
Zegarelli stated that the position of Recreation Commission is considered
an officer and consequently propose to maintain Eva Piedemonte as the
member of the Recreation Commission for a term of seven years.
Trustee Timmings moved to confirm the Mayor's action, seconded
by Mayor Zegarelli.
Roll call:

�-2Trustee Maceyak - No
Trustee Lofaro - No
"
Buonanno - No
"
Timmings - Yes
"
McBride - No
"
Lobato
- No
Mayor Zegarelli voted "Yes" and stated that as an officer and
appointment of the Mayor, even though a person is turned down, it is
considered a hold-over and Miss Piedemonte would continue in that pos
Member of the Building Board - Mayor Zegarelli stated that the positi
is considered as an employee and by statute, Juan Menendez is still
considered a member of the Board for one year.
Member of the Planning Board - Mayor Zegarelli stated that the positi
is considered as an officer and James Galgano would continue to serve
on the Board for five years,
Trustee Timmings moved to confirm the Mayor's appointment, secoit
by Mayor Zegarelli,
Trustee Maceyak - No
Trustee Lofaro - No
"
Buonanno - No
"
Timmings - Yes
"
McBride - No
"
Lobato - No
Mayor Zegarelli voted "Yes" and stated that an officer continues
in that position.
Member of the Zoning Board of Appeals - Mayor Zegarelli stated that
Aldo Ceconi and Frank Paolantonio are considered officers of the Zoni
Board and continue as same.
Trustee Timmings moved to confirm action of the Mayor, seconded 1
Trustee Maceyak. Carried,
Messrs. Ceconi and Paolantonio were declared members of the
Zoning Board of Appeals for a term of three years each.
Fire Inspector - Trustee Timmings moved, seconded by Trustee Buonanno
that Glenn Ames.bury be appointed Fire Inspector for a term of one yeai
Carried.
Mayor Zegarelli appointed Margaret White a member of the North
Tarrytown Housing Authority for a term of five years.
Member of the Electrical Board - Code Enforcement Officer - Mayor
Zegarelli appointed Victor Page a member for one year.
Trustee Timmings moved to confirm, seconded by Mayor Zegarelli.
A poll of the Board:
Trustee Maceyak No
Trustee Lofaro
- No
"
Buonanno No
"
Timmings - Yes
"
McBride No
"
Lobato
- No
Mayor Zegarelli voted "Yes" and stated that he continues as a
veteran in his position and if he. does not would be a violation of Ci1
Service law and veterans preference, said the Mayor.

V +-**f tff/f *« ' ^ . H

'f.&gt;&lt;*

�3

-3Member of Electrical Board - Fire Underwriters Rep, - Mayor Zegarelli
appointed William Craft to continue as a member for one year.
Trustee Timmings moved to confirm the action, seconded by Trustee
Buonanno.
Carried.

!

Member of the Electrical Board - Con Edison's rep, - Mayor Zegarelli
appointed Edward McCarthy to continue as a member for one year.
Trustee Timmings moved to confirm the action, seconded by Trustee
Lofaro.
Carried.
Police Surgeon - Mayor Zegarelli appointed Dr. Elio Ippolito Police
Surgeon for one year.
Trustee Timmings moved, seconded by Trustee Lobato that action
of the Mayor be confirmed.
Carried.
Police Matron - Mayor Zegarelli appointed Josephine Moore for one year
term.
Trustee Timmings moved, seconded by Trustee Lofaro that action of
the Mayor be confirmed.
Carried.
Member of Fire Board of Appeals - Mayor Zegarelli appointed Thomas
Square a member for five years.
Trustee Timmings moved to confirm the action, seconded by Trustee
Lofaro.
Carried.
Acting Village Justice - Mayor Zegarelli stated that according to law,
there is no hold-over for judicial post.
Mayor Zegarelli proposed Dennis Fitzgerald as Acting Village Justice
for one year.
Trustee Timmings moved to confirm the action, seconded by Mayor
Zegarelli.
A poll of the Board;
Trustee Maceyak - No
"
Buonanno - No
"
McBride - No

Trustee Lofaro - No
"
Timmings - Yes
"
Lobato
- No

Mayor Zegarelli voted "Yes",
Motion not carried, vacancy still exists.
Village Historian - Mayor Zegarelli stated that the position is that of
an employee and therefore, Joseph Finnegan will continue as historian
for one year.
°yMember of Senior Citizens Commission - Mayor Zegarelli stated that this
position is considered an employee and Jos.Piedemonte will continue as
a member of the Commission for seven years in accordance with the statute.
Trustee Buonanno moved, seconded by Trustee Maceyak that Joseph
Piedemonte continue to serve as a member of the Senior Citizens Commissior
for a term of seven years.

�-4Trustee Maceyak proceeded to make a motion to add another member
to the Commission, Peter Soriano, citing his work and dedication to t
citizens while a Trustee, however, Mayor Zegarelli stated that since
the appointment is by the Mayor, and that there is no vacancy, there
no vacancy on the Senior Citizens Commission and no motion is in orde
Members of the Handicapped Committee - Mayor Zegarelli proposed the
names of John Venuti and Willis Moon as members for a term of five ye^
Trustee Buonanno moved, seconded by Trustee Maceyak that the
Mayor's action be confirmed.
Carried.
Members of the Traffic &amp; Transportation Committee - Mayor Zegarelli
proposed the names of Larry Kosilla, Jr., Ugo Checchi and Richard Aye
members of the Traffic and Transportation Committee for a term of one
year each.
Trustee Maceyak moved, seconded by Trustee Timmings that action i|
the Mayor be confirmed.
Carried.
Mayor Zegarelli appointed Trustee Timmings and Trustee Lobato as Nort
Tarrytown's representatives on the Warner Library Board.
Member of the Library Board - Mayor Zegarelli stated that this positi
is considered an employee and holds over and that Joan Levy is mainta
a member of the Library Board for a five year term.
Trustee Timmings moved to confirm, seconded by the Mayor.
Trustee Buonanno proceeded to move to table.
Mayor Zegarelli stated that the position is that of an employee.
Members of the Technical Service Review Board - Mayor Zegarelli statei
that the members are considered employees and proposed James McGough
(Lawyer) and Carl Wachter (Finance) as members of the Technical Servirl
Review Board for a term of five years t
Trustee Timmings so moved to confirm, seconded by Trustee MaceyalJ
Carried.
Mayor Zegarelli appointed Trustee Timmings Deputy Mayor for one
year.
Trustee Timmings moved, seconded by Trustee Maceyak that the Fir.^
National Bank of North Tarrytown be designated as the official deposit
of Village Funds. Carried.
Trustee Timmings moved, seconded by Trustee Maceyak that the
Tarrytown Daily News be designated as the official newspaper. Carried
Trustee Timmings moved, seconded by Trustee Maceyak that meetinj
dates be held on the second and fourth Mondays of each month and at t|
call of the Chair.
Carried.

•Ht

rj-!5V^«*«M»»«tor.

�s~

-5Mayor Zegarelli appointed the entire Board as a committee of the
whole to work on the 1983-84 budget.
Trustee Maceyak moved, seconded by Trustee Lofaro that Roberts
Rules of Order be adopted as the Official Parliamentary Procedure of
the Board.
Carried.
Mayor Zegarelli stated that the Mayor and Chief of Police are
automatically members of the Police Pension Committee and the Trustee
who will be named as Chairman of the Police Committee will also be a
member of the pension committee.
Trustee Timmings so moved, seconded by Trustee Maceyak.

Carried,

Mayor Zegarelli appointed the following committees:
Public Works
(Water &amp; Sewer)

Administration

Trustee Maceyak, Chairman
Trustee McBride
Trustee Lobato

Trustee Buonanno, Chairman
Trustee McBride
Trustee Maceyak

Police

Fire

Trustee McBride, Chairman
Trustee Buonanno
Trustee Maceyak

Trustee Lofaro, Chairman
Trustee Timmings
Trustee Buonanno

Finance
Trustee Buonanno, Chairman
Trustee McBride
Trustee Lofaro
Tax Exempt
Trustee Timmings, Chairman
Trustee Lofaro
Trustee Lobato
Labor Relations &amp; Gov't. Relations
Trustee Lobato, Chairman
Trustee Timmings
Trustee McBride
79 College Ave.
Trustee Timmings, Chairman
Trustee Lofaro
Trustee Lobato
Recreation &amp; Senior Citizens
Trustee Maceyak,^Chairman
Trustee Lofaro
Trustee Lobato

a

�-6Trustee Maceyak moved to confirm the Mayor's action, seconded
by Trustee Lofaro.
A poll of the Board:
,

Trustee Maceyak - Yes
"
Buonanno
Yes
McBride - Yes
Motion carried.

Trustee Lofaro - . Yes
"
Timmings - No
"
Lobato - Yes

Mayor Zegarelli read the following opinions regarding the positi
of Village Attorney:
(see attached)
Trustee Timmings moved, seconded by Mayor Zegarelli that the
meeting be adjourned.
A poll of the Board:
Trustee Maceyak - No
11
Buonanno
No
McBride - No
Mayor Zegarelli voted "Yes11.

Trustee Lofaro - No
"
Timmings - Yes
"
Lobato - No
)wr% .
Motion/\carried.

Trustee Lobato moved the following resolution, seconded by
Trustee Maceyak:

I

WHEREAS a dispute has arisen whether the Village office of Villaji
Attorney exists for the Village of North Tarrytown;

WHEREAS, a dispute has arisen as to the role of the Board of Trus ]
in selecting the attorney who will perform legal services on behalf oi ]
the Village of North Tarrytown and who will act as Counsel to the Boai]
of Trustees of the Village of North Tarrytown;
WHEREAS, an impasse has been reached in the process of retaining ,
an attorney to perform legal services on behalf of the Village of Nort'J
Tarrytown and to act as Counsel to the Board of Trustees of the Villagl
of North Tarrytown; and
\
WHEREAS, the Village of North Tarrytown continues to require legs
services to be performed on its behalf and the Board of Trustees of tfo
Village of North Tarrytown continue to require the Counsel and servicei
of an attorney; now, therefore
\
BE IT RESOLVED:
That the Village office of Village Attorney, if there to be one
in the Village of North Tarrytown, is hereby abolished pursuant to anj
exercise of the power of the Board of Trustees under Village Law,
Section 4-412, subd. 1; and

*T*r

'•^p»^npi''

�7

-7That all future legal services to be performed on behalf of the
Village of North Tarrytown and legal counsel and services to be provided
to the Board of Trustees of the Village of North Tarrytown shall be
provided by an individual attorney or a law firm retained for those
purposes pursuant to a contract of employment that shall provide for the
payment of such attorney or law firm on an hourly basis.
Mayor Zegarelli stated that the motion has no merit and was out
of order.
The person appointed by the Mayor continues, he said.
Mayor Zegarelli read the following in answer to Trustee Lobato*s
motion:
(see attached)
Mayor Zegarelli read the following qualifications of Counsel
Ponzini and the Civil Service specifications of a Village Attorney:
(see attached)
Trustee Lobato stated that Section 4.412-1 provides that the
Board may create or abolish agencies, etc. We are abolishing the positio
of Attorney, he said.
Mayor Zegarelli stated that you cannot abolish the position. He is
an employee, said the Mayor. He suggested that both parties obtain an
opinion from the Attorney General.
Trustee Lobato disagreed with the Mayor, He stated that he is
either the holder of a Village office or employed by contract and can
be terminated.
Mayor Zegarelli stated that he is an employee appointed by the
Mayor and confirmed by the Board, It was his desire to maintain him
as an attorney.
Trustees Lofaro and Maceyak stated that there is a motion on the
floor, the resolution is legal, however, Mayor Zegarelli stated that
there is no motion on the floor.
Trustee Timmings questioned as to for what position we are
contracting.
In answer to Mayor Zegarelli's answer, Trustee McBride stated that
whether you think it is correct or not, you have to entertain the
motion whether you agree with it or not.
Trus tee Lobato answered Trustee Timmings that the position was for
legal services to be performed on behalf of the Village on a needed
basis of the Board.
Trustee Lobato moved that the Board hire and retain the service
of Thomas J. Abinanti for a reasonable fee to advise the Board of
Trustees in this matter on any legal procedure required and to represent
the Board, seconded by Trustee Maceyak,
Carried.
Trustee Timmings moved, seconded by Trustee Maceyak that the Mayor
have the authority to hire Counsel at a reasonable fee, also.
Carried.

�-8Trustee Lobato moved to appeal the ruling of the Chair that the j
motion is out of order and ask for a vote, seconded by Trustee Maceya*
Mayor Zegarelli stated that he does not recognize the motion and|
ruled it out of order.
Trustee Timmings inquired as to what the cost would be for attor
fees and Trustee Lobato answered at the prevailing market pay rate fo
services.
Trustee Lobato again moved to consider the motion, seconded by *
Trustee Maceyak.
Mayor Zegarelli reiterated the appointive powers of the Mayor, i
stated that he will go to court to substantiate the powers of the May!
and suggested that the meeting be adjourned.
Trustee Timmings moved, seconded by Trustee Lobato to adjourn.
Carried.
I
'i

1
Respectfully submitted,

^tfbat^^fa

Filomena Fallacaro
Clerk

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MEMORANDUM
DATE:

APRIL 4th, 1983

The purpose of this Memorandum will be to clarify the various right
and responsibilities of the Mayor and the Board of Trustees in the
selection of the Village Attorney for the Village of North Tarrytown.
•

• X

-

*

"

.

Village Law 4-400 of the State of New York provides as follows:

•

Section 4-400. Mayor. 1. It shall be the
responsibility of the Mayor;... to appoint
all department and non-elected officers and
"employees subject to the approval to the
Board of Trustees....
Clearly, the appointing power of the position of Village Attorney i
the prerogative of the Mayor of the Village.

The Office of the Attorney

General, the Chief Legal Officer for New York State, has ruled
specifically on this point.

In an opinion dated June 28th, 1979 to the

Village Attorney of the Village of Chittenango, the Attorney General's
office stated as follows:

"Village Law Section 4-400 (1)(c) makes the

appointment of a Village Attorney a Mayor's appointment subject only to
approval by the Board of Trustees.

However, the Village Mayor alone ha;

the power to remove the Village Attorney, and such power is not subject
either to consent or approval by the Board of Trustees (1974 Att'y Gen
[Inf Opns] 204)."

\.

�The position of Village Attorney is as an employee ot :the Villa*
and in the exempt class of civil service (1974 Atty Gen [Inf Opns] i
Employment in that class of the civil service "is at the will of
appointing officer or agency and employment continues until terminal
appointment of a successor, or by the removal of the employee by the
appointing authority, or by resignation, or by some similar causes (j
Atty Gen [Inf Opns] 224).
The fact that custom or resolution or order making an appointing
specifies a termination date is irrelevant (1974 Atty Gen [Inf Ophs]
19742d Opn).
In the opinion of the Attorney General's office, the Village Bb
of Trustees, therefore, does not have the power to remove the Villa
Attorney, who holds his position through appointment by the Mayor
consequently any resolution of the Board of Trustees that the Villac
Attorney be terminated with no salary or benefits is ineffective to
remove the Village Attorney, and that portion of the resolution elifj
ing benefits or salary cannot be operative because it is an attempt
accomplish indirectly that which the Village Board of Trustees is
less to do directly.
On August 5th, 1977 the response to an inquiry in the Village
Larchmont, the Attorney General's office again issued an opinion the
consistent with its subsequent opinion in 1979.
Attorney General's office stated as follows:

In that opinion, tM

"This office issued at

�//

informal opinion report in 1974 Op Atty Gen 204 in which we stated the
Village Attorney is a Village employee (as distinguished from a Village
Officer and as such does not have the right of tenure under the Civil
Service Law nor any right to a hearing on charges and specifications
before being discharged;

we also gave our opinion that as the

appointment of a Village Attorney under Village Law Section 4-400(1)(c)
is a Mayor's appointment subject only to approval by the Board of-

.
''

' f

Trustees, the Mayor alone has the power to remove the Village -Attorney'
and this power is not subject to consent or approval by the Board of
Trustees,"
In another informal opinion of this office reported in 1974 Op Att
Gen 164, we gave our opinion that employees in the unclassified service
or exempt class of civil service hold their positions at the will of'the
appointing agency and the employment continues until terminated by a
subsequent appointment or by removal and also that the fact that the
resolution order making an appointment of an employee specifies a termin
tion date- of employment is irrelevant to the question of continuation of
employment beyond the specified termination.date. •
In our opinion, if your Village Attorney has not been resigned or
been removed by the Mayor, or has not been succeeded by a new appointee
to that position, the Village Attorney continues in that employment and
is entitled to pay for that position;

however, if the Mayor voted,

affirmatively on a motion to declare the position of Village Attorney to
be vacant that would be tantamount to removal of the Village Attorney by

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the Mayor.

Hi - 8 1983

The position is then vacant and the Attorney is not ent

to receive any salary for the period subsequent to the resolution.1
In earlier opinions, the Attorney General's office again spoke
this issue.

On August 6thf 1974 the Attorney General's office rendj

the following opinion:

"The appointment of a Village Attorney is a

Mayor's appointment subject to approval by the Board of Trustees bui

Village Mayor alone has the power to remove the Village Attorney "anj
power is not subject to consent or approval by the Board of Trusteei
With respect to the Village of North Tarrytown, the Village At
is an employee?

he is appointed by the Mayor subject to the appro\

the Board of Trustees;

his term runs from the date of his original

appointment and approval of the Board of Trustees;

he can be remoV

only if his position is declared vacant by the Mayor;, or any of th
other conditions previously stated in the opinions of the Attorney
General. Therefore, your present attorney remains as Village Attorn
need not be reappointed.

I

It is worth noting that the Village Attorney, as an employee,\

covered as an exempt class of civil servant pursuant to the Civil Sf
Law of the State of New York.

In that regard he is entitled as an

employee to the protections provided by Section 80 of the Civil Sen

Law and the additional protections provided by Sections 85 and 86 oi
i*

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Civil Service Law providing fo£ a preference for honorably discharged•
veterans.

Your attorney in the Village of North Tarrytown is therefore

covered as an exempt employee under the Civil Service Law of the State o
New York and, as an honorably discharged veteran within the meaning of
the Civil Service Law of the State of New York, is entitled to those
preferences available to all civil servants.
If an attempt should be made either to abolish or otherwise "remove
the position of Village Attorney from the Village of North Tarrytown,*it
may be construed as a violation of the Constitution of the State of New .
York Article 5 Section 6 as a subterfuge to avoid the Civil Service Law
of the State of New York.
citations available.

There are cases in point on this regard "with

They will be provided upon request•

The Westchester County Department of Personnel, pursuant to their
responsibilities under the Civil Service Law of the State of New York
have provided a job description for the position of Village Attorney, a
copy of which is attached to this Memo.

Included in that job descriptio

-

is a general statement of a duties, the distinguishing features of a
class, the examples of work, the required knowledge, skills, abilities
and attributes, and more particularly the desired minimum acceptable
II :§

training and experience.
The following is a brief resume of the educational and work experience of your present Village Attorney as evidence of his compliance with
the requirements for the position of Village Attorney as propounded by
the Vfestchester County Department of Personnel:

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Robert J. Ponzini

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14 North Broadway

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Tarrytown, New York 10591

W'.'i' &gt;'
Education:

Fordham University
BA Degree, Major Economics

-

Attended on scholarship

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Military Background;

Lieutenant, United States Navy
,

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Office of the Judge Advocate General Corpd

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Legal Training;

St. John's University School of Law

. - "

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Juris Doctor Degree
Attended on two (2) scholarships

Work Experiences.

1974
Real Estate Construction Council
The Chemical Bank
New York City

1975-1977
Assistant District Attorney
Bronx County
In charge of the Arson Task Force

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1977-1980
Associate - General Practice of Law
Macri &amp; Breslin P.C.
1 North Broadway
White Plains, New York

1980-1983
Partner - General Practice of Law
Walsh Maroney and Ponzini
14 North Broadway
Tarrytown, New York

Municipal Experience:

Village Attorney
Village of North Tarrytown

1977 to date

Village Prosecutor

1977-1979

Village Attorney

Related Experience:

Village of Hastings-on-Hudson •

1982 to date

Village Prosecutor

1982 to date

Faculty Member
Marymount College
Lecturer - Business Law

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Mercy College

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Lecturer - Criminal Justice

Charter Member
Pace University School of Law Advisory Boai

Member

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Pace Law School Municipal Law Center
Steering Committee

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Guest Author
Pace Law School Municipal Lawyer

Active Member

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Westchester County Village Officials Associ
Guest Lecturer

Arbitrator
American Arbitration Association

Arbitrator
9th Judicial District The Supreme Court of
State of New York

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Chairman

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Lawyer in Classroom Committee
Westchester County Bar Association

Past President
Tarrytown Bar Association
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Admitted to practice for the Supreme Court "of1"

-

the State of New York, Federal Courts for the .
Eastern and Southern Districts, Supreme Court o
the United States, the Court of International
Trade.

,_

Active Litigator who has prosecuted and defende
all forms of civil claims in the county, state
and federal courts of the United States from
inception through trial, including appeals; ha
handled numerous real property tax defenses;
has drafted numerous Village local laws;

has

rendered legal opinions to Mayors and Board of
Trustees on numerous occasions;

has served as

chief legal officer for all Village Board
Meetings, including Zoning Board, Planning .
Board, Boards of Assessment Review, etc.;
actively involved in all forms of municipal lai
for the past six (6) years.

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VILLAGE ATTORNEY
GENERAL STATEMENT OF DUTIES: Renders lej
tne i-.ayor ana bonra of Trustees, the Village Manager or
the Village Administrator; represents the Village in
civil litigation; does related work as required.
DISTINGUISHING FEATURES OF THE CLASS: The work o this
class is of a highly professional
calling Attorney
lor the
exercise of indepedncnt judgment. level
The Village
is responsible for answering many problems arising in the
civil lav/ affecting the operation of Village business and
organization.

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EXAMPLES OF WORK: (illustrative only)
•Investigates the law and renders opinion to the Mayor ir.d
Board of 'i'ructoos, .and Viiinge Manager or Villagt
Administrator, and other departmental authorities;
Prepares pleaJings, appeals, resolutions, notices, contracts,
and other legal papers and documents;
Examine:; legal papers served on or filed with Village
departments and otTicals;
Attends meetings of the Board of T r u s tees, and advises the
Board on le^al problems;
Apoears in court to represent the Village whenever it is
necessary to do so;
Collects back taxes by correspondence, in person and, when
necessary, by legal action;
Answers correspindence and makes necessary reports.
.REQUIRED KNOWLEDGES, •SKILLS, ABILITIES AND ATTRIBUTES: Good'
knowjoii/e of th-j Lav/ as it pert-tins, to viJIages in the State
of New York; ability to. express oneself clearly both orally
and in writin-r; ability to clearly express agruments of the
law; ability to organize material; good address; ability to
get along well with others; honesty; courtesy; tact; ethical
conduct in the practice of the law.
DESIRED MINIMUM ACCEPTABLE TRAINING AND EXPERIENCE: Graduation
from a recognized law school and triree O ) years of experience
in the practice of the law, preferably civil law.
SPECIAL REQUIREMENT: Possession of a license to practice law
in the"State of Mew York at time of
appointment.
;
Revised:
Villages
LAG:lg
(0032)

, h

9/16/77

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                    <text>PUBLIC HEARING

NORTH TARRYTOWN, N.Y
March 28, 1983

A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown, N.Y. on the above date.
Present

Philip E. Zegarelli,
Mayor

Stephen Maceyak
Janet Gandolfo
Peter Soriano
Joseph D. Lofaro
Mario DiFelice
Emmanuel Lobato,
Trustees
Robert J. Ponzini, Counsel
Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.

]
;

Trustee Soriano moved, seconded by Trustee Gandolfo that the minutes
of the meeting held on March 14, 1983 be approved as written, with the
exception that Trustee Lofaro, not Trustee DiFelice, attended a conference
on waterfront revitalization of shorelines.
Carried.
Mayor Zegarelli read the notice of hearing to consider the proposed
use of Federal Revenue sharing funds and asked if there was anyone present,
who would like to address the Board on the said hearing.
No one appearing, Trustee Gandolfo moved, seconded by Trustee
Lofaro that the hearing be closed.
Carried.
Mayor Zegarelli asked if there was anyone present who would like to
address the Board on any other matter.
Mr, Martin Ruane, 95 Beekman Avenue, inquired as to when the highway
•department will be moving into the new building.
Trustee Maceyak stated that the sanitation department, street
lighting man and the sign man are in the new garage. As soon as compartments and shelves are built, the department will move in, said Trustee
Maceyak.
At this time, Mayor Zegarelli called Mrs. Lorraine Annicchiarico
to accept a certificate for the banner she made and presented to the
Village on the Tri-Centennial of Westchester County. The banner is a
replica of the same banner.
Mayor Zegarelli, noting the last meeting of the Board for Trustees
Gandolfo, DiFelice and Soriano, congratulated and thanked the Trustees
for their services during their four years on the Board. He stated that
although they have differed on policy items and issues, he stated that
the three individuals had the best of heart and spirit for the Village
of North Tarrytown. He then presented the Trustees with certificates
of appreciation.

'

�Mr. Ed Bauman inquired as to the purpose of the Gardeners local
law which was recently adopted by the Board.
Mayor Zegarelli stated that essentially, it was adopted to find
out who the gardeners are in the Village, and at a minimal cost would
regulate people doing work in the Village.
Trustee Maceyak stated that one of the reasons for the law is tha
some gardeners have been abusing us. They have been dumping clippings
and other material in the street. During storms, the clippings would
clog up the catch basins, such as the one we had the other night. The
law would regulate this.
Mr. Bauman stated that the spring cleanup will cost the taxpayer
double because of the licensing and bagging of clippings.
Trustee Maceyak stated that leaves must be bagged in the spring
and summer. The Board is not telling them to do this in the fall, he
said.

Trustee Soriano stated that contractors were coming in cutting
trees and left and net taken away by the gardeners. Leaves would be le
in the streets and would clog the catch basins. We are trying to
alleviate the situation, he said. This was not done to hurt or jeopar
anyone, said Trustee Soriano.

Mr. Paul Slavin stated that he has been doing gardening work in
the area for seven years and inquired about several questions on the I
application.
He stated that he worked at a house on Highland Avenu* I
and last year's bill was $125. With the bagging this spring, he sent'
them a bill for $225. It will be pretty expensive for customers, he s
Mr. Ugo Checchi noting the $100 bond that if these gardeners neve
had a bond before, they might not be able to get one.
Counsel stated that if someone wants to open an account with the
Village, we can use it in lieu of a bond.
REPORTS OF COMMITTEES
ADMINISTRATION &amp; CONSTRUCTION

In accordance with past practices and contracts, Trustee Soriano l
moved, seconded by Trustee Gandolfo that Village offices be closed on
Good Friday.
Carried.
At this time, the Board met as Directors of 79 College Avenue
North Tarrytown Development Fund to discuss a matter.
Director Soriano noted a memo from William Doorley regarding worl
he performed on 79 College Avenue and that there was a $3,000 balance
in the account.
Director Soriano moved that Mr. Doorley be paid $1,000 for the
work he performed in connection with 79 College Avenue, seconded by
Director DiFelice.

�-3Director Gandolfo stated that we have been criticized by Audit &amp;
Control regarding the lending of money to 79 College Avenue. Since there
is a balance, she said, the treasurer of the Village has requested that
the Village be paid some of the money which was loaned out.
Director Gandolfo stated that $2,000 be transferred to the Village
and $1,000 should remain in the account.
She stated that Mr. Doorley
was being paid from CD.A.
Director Lobato stated that money coming back to the Village has
been very slow. No prior agreement was made to pay Mr. Doorley any
of the proceeds, he said.
President Zegarelli polled the Board as follows:
Director Maceyak
Gandolfo
"
Soriano

- No
- No
- Yes

President Zegarelli voted "Yes".

Director Lofaro - No
"
DiFelice - Yes
"
Lobato - No
Motioi^carried.

Director Soriano read a memo from the Village Treasurer requesting
a token payment.
Director Gandolfo moved that $2,000be transferred to the Village
General Fund and $1,000 be left in the account, seconded by Director
Soriano.
Carried.
Regular meeting resumed.
Administration &amp; Construction
Trustee Soriano stated that Somers bill should be paid, but suggested
that some money be retained and moved that Somers bill be paid and that
$3,000 be retained, seconded by Trustee Lobato.
Mayor Zegarelli stated that Counsel's memo states that Mr. Lamberti
has agreed to this.
Trustee DiFelice stated that not enough money was being withheld.
Mayor Zegarelli polled the Board as follows:
Trustee Maceyak
Gandolfo
"
Soriano
Motion carried,

- Yes
- Yes
- Yes

Trustee Lofaro - Yes
"
DiFelice - No
"
Lobato - Yes

Trustee Soriano suggested that before payment is made to Air Quality,
the Village should retain a portion of the bill.
Trustee Soriano read a memo from Pat Lofaro requesting another
office. Mr. Lofaro stated that he has been ill several times, the last
of which he contacted pneumonia, because of the condition of the room.
Trustee Soriano recommended that he be given office space in the control
building on River Street.

�-4FINANCE &amp; REAL ESTATE
Trustee Gandolfo reported a balance of $135,805.71 in the General
Fund as of March 28, 1983.
I

FIRE

I

Trustee Lofaro stated that Frank Quinn has not been paid for
boarding up Pasquale's restaurant which was damaged during a fire.
Counsel Ponzini was authorized to send the owner a letter that if
the bill is not paid, the amount would be assessed as a lien to the
property.
Trustee Lofaro stated that the Chief will let him know how much
repairs to Pocantico H 6* L apparatus will cost.
GOVERNMENTAL RELATIONS-SENIOR CITIZENS
at
Trustee Soriano stated that/the senior citizens meeting he attend
in the Town of Mt. Pleasant, plans were being discussed for senior cit
housing.
He stated that he did not know how many people in North
Tarrytown would
avai
i n order to help seniq
1/memsf0^esthis p r o g r a m .
citizens, the Town has instituted a plan whereby one family homes may
converted into two family homes which would give the senior citizens
more, available space.
Trustee Soriano stated that cheese was distributed at the C.O.C.I
for residents of North Tarrytown. He stated that facilities were notl
available here for distribution.
*
LABOR RELATIONS AND CONTRACTS
Trustee Lobato reported that the situation with the CSEA remains
static. He stated that we are waiting for PEPvB to move the proceeding
forward. Negotiations will begin on April 14th with the police depart
in anticipation of the expiration of the present police contract.
POLICE &amp; LIGHT
Trustee DiFelice stated that he has received many complaints abou
people receiving tickets for parking in the bus stop areas. He stated
that we were to receive an agreement from the County after which the 1
would take effect.

Counsel stated that the resolution was sent to the County, as wel
as details in connection with this program. He has not received it, a
yet.
Trustee DiFelice inquired about the summons that people have rece
and was told that they would still have to take them into court and f
Judge would have to make the decision.
Following a discussion, Trustee DiFelice moved, seconded by Trus
Lofaro that a memo be sent to the Chief regarding the bus stops. Carri
PUBLIC WORKS
Trustee Maceyak gave the following report:

�-5The department is continuing the use of the sewer jet and root
cutters in the sanitary sewers.
Bank balance as of March 28th is $57,359.26.
The area around the Philipse Manor station was cleaned and parking
and handicapped lines were painted. The deteriorated stairway leading
to Millard Avenue was replaced.
A sanitation driver was relieved of his driving duties for two
weeks .
Trustee Maceyak moved that specifications be
be returned on April 25, 1983 for the resurfacing
from Barnhart Avenue to Pocantico Street and that
Avenue, from Gordon to Wirth Avenues, seconded by
Carried.

prepared and bids
of Beekman Avenue,
portion of Holland
Trustee Soriano.
i

He stated that funding will be from the CHIPS program.
Trustee Maceyak moved, seconded by Trustee DiFelice that specifications be prepared and bids be returned on April 25, 1983 on a one-ton
four wheel drive stake body truck with plow.
Carried.
Trustee Maceyak stated that the approximate cost would be $16,000.
for the truck.
-I

Trustee Maceyak stated that Mike Apollonio's car is in a very bad
condition and moved that a 1983 Chevrolet Impala be purchased through
the County contract in the amount of $9400, seconded by Trustee DiFelice
Trustee Gandolfo stated that she thought the committee was looking
into the purchasing of a jeep for the highway department.
Trustee Soriano suggested that the committee purchase one at the
Albany auction as was done for the recreation car, to which Trustee
Maceyak answered that he did call, but there were no cars available of
this type.
Trustee Lobato suggested a good jeep type of vehicle. He said that
although there may be a good deal through the County, we could purchase
a first rate utilitarian vehicle,
Following a discussion and assuming that no bids were necessary on
a County contract, the Board was polled as follows:
Trustee Maceyak - Yes
Trustee Lofaro - Yes
"
Gandolfo - Yes
" • DiFelice - No
Soriano - Yes
"
Lobato
- No
Mayor Zegarelli voted "No". Carried.
Trustee Maceyak stated that the Village mechanic passed the N.Y.S.
inspection exam and he is a qualified inspector. This will be a savings
to the Village, he said.

H

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�-6RECREATION &amp; PARKS
Trustee Gandolfo gave the following report:
The Tarrytown's Celtics basketball team is playing in a basketba
tournament at the County Center in White Plains on March 28th. The t
is co-sponsored by the North Tarrytown and Tarrytown Recreation Depts.
The Easter Egg Hunt, held on Saturday, March 26th at Patriots Par
was a great success.
Over 400 children participated.
Applications for day camp counselors and counselors in training
will be accepted until April 22nd. All interested North Tarrytown
residents can obtain applications at the recreation office.
TAX EXEMPT PROPERTY &amp; ASSESSMENT
Trustee Lobato stated that Counsel is looking into appraisers for
General Motors property. One of the first order of business will be
to arrange a joint meeting of the entities involved, said Trustee Loba
MAYOR'S REPORT
Mayor Zegarelli stated that he received a phone call from Sen.
Flynn's office that the Village will receive a check in the amount of
$3536.20 for expenses incurred by our police department during the
Ossining hostage matter several weeks' ago. A letter of thanks will h
sent to him, said the Mayor. He stated that CHIPS money has been plal
back into the Governor's budget, as well as State aid monies for the I
school districts.
'
COMMUNICATIONS
Acknowledgment of sympathy from the James whalen and DeRocha Fami
was read.
Communication from Thad Bulaga, Sec'y. of the Eagles Club, reques
$75 for rental of their premises for election purposes was read and
referred to the Board as a committee of the whole,
Communication from Mr,&amp; Mrs. Gaspar Cruz, 45 Clinton Street, on
behalf of the Dominican Club of the Tarrytowns, requesting a yearly da
permit for dances at the Strand Roller Skating rink was read and after
discussion, Trustee Soriano moved, seconded by Trustee DiFelice that a
permit be issued on a case by case basis, only.
Carried.
The Clerk stated that a dance permit (approved by the Board at a
work session) was issued to the Italian-American Ind. Club of the
Tarrytowns for March 19th.
Trustee Soriano moved to confirm action of the Clerk, seconded b;
Trustee DiFelice.
Carried.
Communication from Robert Nevelus, Sec'y. of Rescue Hose Co.,
requesting insurance coverage for their annual Flea Market to be held
at the General Motors parking lot on May 14th, from 7 - 6 P.M. was rea
Mayor Zegarelli stated that the fee was nominal for the coverage
and moved that the Village obtain insurance coverage .on their behalf,
seconded by Trustee Lofaro.
Carried.

�-7The Clerk informed the Board that the Mayor filed the 1983-84
tentative budget with her on March 21, 1983.
Trustee Soriano moved, seconded by Trustee DiFelice that the 1983
Assessment Roll setting forth a total subject to taxation in the amount
of $40,212,904 be accepted and that the reductions in assessments as
approved and disapproved by the Board of Assessment Review be granted
and/or denied.
Carried.
The Clerk informed the Board of a notice of claim of Jessie A.
Badagliacca against the Village as a result of a fall sustained to
her on the icy sidewalk at the entrance to the vacant lot owned by
Irvington-Hudson Corp. on February 15, 1983 and the same was referred
to the insurance carrier.
Trustee DiFelice moved, seconded by Trustee Soriano that action
of the Clerk be confirmed by the Board.
Carried.
UNFINISHED BUSINESS
Trustee Maceyak stated that Search for Change is considering to
sell its property on Pocantico Street.
The matter will be discussed at a work session.
Trustee Maceyak stated that he contacted Mayor Pilla of Tarrytown
if some arrangements could be made for commuters of North Tarrytown
with permits to park at the Tarrytown station until the railroad strike
is over at no cost to the Village. He stated that the Mayor would get
back to him on an answer.
Trustee Soriano read the following statement:
(see attached)
Trustee DiFelice read the following statement:
"I would like to take this opportunity to thank the people of
North Tarrytown for having been able to serve them for the past twentynine years, especially the last four years as a Village Trustee. I
would like to thank all the Village employees and a special thanks to
the office staff for all of the help they gave me during the past four
years. A final thanks to my Trustee colleagues past and present, working
as a team for all of our accomplishments, which are visible throughout
the Village for the betterment of North Tarrytown."
Trustee Gandolfo thanked all her colleagues, enjoyed her term and
had a good time on the Board.
Trustee Maceyak stated that the outgoing Trustees did very well
for the Village and taught him a lot.
Trustee Lofaro thanked the outgoing Trustees for what they did
for the Village.

�-8Trustee Lobato stated that it was a unique experience and more
unique by his colleagues Mario, Pete and Janet.

i

Mayor Zegarelli stated that on behalf of the employees and Board
of Trustees, thanked the outgoing Board members for their service to
the Village and despite their past differences, he was sure that they
had not had less than the best of heart and spirit for North Tarrytown

Trustee Soriano moved, seconded by Trustee Gandolfo that the bill
submitted on the General Fund and Water &amp; Sewer warrants dated March 2
1983 be paid after approval by department heads and that the Treasurer
be authorized to pay same and that a copy of this resolution be attach
to the warrants.
Carried.
No other business to come before the meeting, Trustee DiFelice
moved, seconded by Trustee Maceyak that the same be duly adjourned.
Carried.

Respectfully submitted,

ri

/f/lJ-t&lt;t&lt;L£*~-&lt;t*-'

Filomena Fallacaro
Clerk

i

i

�As I am about to leave my office I wish to thank my colleagues in
the past four years and the professional staff and all Village employees
in the Village of North Tarrytown. I would also at this time correct
many fallacies concerning this Board and the previous Board as reported
in the Local Press concerning, divided Boards, constant bickering etc.
between Zegarelli, Malandrino, Cavalieri, White, Timmings, Gandolfo,
DiFelice and Soriano.
These are the accomplishments of this Republican dominated
administration going back to Mayors McBride in 1978 and Mayor Zegarelli
from 1979 to date. Obviously I will neglect some of the accomplishments
as I kept no written diary. Others may add them if they so desire.
The Republican Majority Committees and their accomplishments follow:
Police: Appointment of Chief Spota, Lieut. James Brophy, Det. Sgt. Carmen
DiFalco, four other Sgts, creation of a youth officer program and creation
of a Canine Patrol. Purchased a motor scooter for enforcement of parking
ordinances. Responsible for many thousands of dollars in revenue. Added
several vehicles to the Motor Pool. Most consistent law enforcement in
history of Village.
Public Works: Created unified D.P.W. for greater productivity under
Superintendent John Biros. Most roads repaired or rebuilt in modern
times, rebuilt Dell Street, constructed gabion wall, also rebuilt wall to
prevent erosion and rebuilt cul-de-sac, stopped erosion by re-directing
flow of Pocantico River. Improved custodial staff for better maintenance
of Village buildings. Major repairs to Municipal Building and grounds.
Construction of modern D.P.W. facility on Pviver St. Purchased new rolling
stock, etc. Rebuilt aging drainage system.
Finance - Government Relations: Tremendous grants under CD.A. and urban
County. Master Plan and refacing Beekman Ave. many other building improve
ments. Planted many trees for a more beautiful vista through the heart
of our Village. Dredged Fremont Pond with support from taxpayers in the
area for a considerable piece of money, making it a truly co-operative
project. Received a sizeable grant to start off-street parking, beginning
with Elm St. and Hudson St. already in progress. Established a Purchasing
Agent for greater control of spending and inventories. Adjusted salaries
of administrative officers and staff to a parity with surrounding
communities. Best Senior Citizen Program in County.
Recreation: Responsible for better programs including Day Camp and many
diversified programs, including Senior Citizens, Teen Center, field trips
etc. Major improvements to Douglas Park, controlled erosion, improved
drainage, new equipment. Improved Barnhart Park, new equipment, safety
fences, repaired walls, etc. Hired an assistant to the Recreation
Supervisor and a new grounds crew. Much new equipment and many cultured
programs including music, dances etc.
Fire: New Apparatus. Modern ambulance corps, safety squad, lates equipment, better maintenance of Firehouse.
Recommendations to New Board. Continue utilization of all spaces in
Municipal Bldg., continue to seek aid to finance elevator. Continue
exploring Hudson River frontage for a park, boat landing and a boat
launching site. Complete parking lots with our own D.P.W. with aid from
consultants, engineer for elevations and grade lines etc.
Recommend a full time Youth Officer. Recommend with no indictment or

�-2-

admonishment of Poll takers and inspectors for a closer watch at
polling places. Due to late rush in many districts as many as 40 peopl
didn't sign the register. No charge of irregularity but should be more
carefully monitored. Many simple mathematical errors in books, actualll
these are not official only printout is officed. But in a close election
could cause a challenge.

I

Having said all this, I congratulate all winners and wish the new
administration a smooth transition and God Speed.
To Trustees Gandolfo and DiFelice, I say stay well and keep in toucfc
with the affairs of North Tarrytown.
Goodbye to All and good health.
Peter Soriano

i

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{I \

NORTH TARRYTOWN, N.Y.
March 14, 1983
A regular meeting was held before the Board of Trustees of the
Village of North Tarrytown, N.Y. on the above date.
Philip E. Zegarelli,
Mayor

Present

Stephen Maceyak
Janet Gandolfo
Peter Soriano
Joseph D. Lofaro
Mario DiFelice
Emmanuel Lobato,
Trustees

n •&gt;

Robert J. Ponzini, Counsel

Absent

Mayor Zegarelli called the meeting to order at 8:00 P.M. with
a prayer and salute to the flag.
Trustee Soriano moved, seconded by Trustee Lofaro that the minutes
of the meetings held on February 28, 1983 and March 2, 1983 be approved
as written.
Carried,
Mayor Zegarelli asked if there was anyone present who would like
to address the Board may do so at this time.
Mr. Frank Rey, Holland Avenue, inquired about fines assessed to the
owner of 12 Lawrence Avenue for violations and how the money can be
utilized.
Trustee Maceyak stated that it was his understanding that the fines
remain the same. The matter is still in court. The Judge has not made
a decision, as yet, he said.
Mayor Zegarelli stated that fines have been accruing, The money
goes into the General Fund, he said.
REPORTS OF COMMITTEES
ADMINISTRATION &amp; CONSTRUCTION
Trustee Soriano noted a memo from the Clerk to increase the rental
of polling districts from $25 to $75, and so moved, seconded by Trustee
Lofaro.
During a discussion, Trustee Soriano amended the motion that the
increase be from $25 - $50 per rental, seconded by Trustee Lofaro.
Mayor Zegarelli polled the Board as follows ;
Trustee Maceyak - Yes
Gandolfo - Yes
"
Soriano - Yes
Mayor Zegarelli voted "No".

Trustee Lofaro - Yes
DiFelice - Yes
"
Lobato
- Yes
*»
Motion carried.

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�-2Trustee Soriano thanked the Clerk and Treasurer, as well as other
staff members for their help during his term of office.
FINANCE &amp; REAL ESTATE
Trustee Gandolfo reported a cash balance of $141,447.31 in the
General Fund as of March 14, 1983.
Trustee Gandolfo moved, seconded by Trustee Maceyak that action o
the Treasurer in investing two certificates of deposit, one in the
amount of $700,000 and the other in the amount of $200,000 at 7%% in
the First National Bank of North Tarrytown be confirmed.
Carried.
Trustee Gandolfo noted Somers Contracting vouchers on the warrant
Counsel has advised us not to approve the vouchers, she said.
Trustee Gandolfo moved, seconded by Trustee Soriano that a public
hearing be held on March 28, 1983 to hear and consider the proposed us
of Federal Revenue Sharing Funds. Carried.
FIRE
Trustee Lofaro stated that the Board was invited to attend the
Fire Chiefs' Convention party in Central Headquarters on April 7th.
GOVERNMENTAL RELATIONS-SENIOR CITIZENS
Trustee Soriano stated that he is in receipt of a letter from
Joseph Benjamin in support of the Warner Library budget and from two
other residents.
Trustee Soriano stated that the library will hold a "Know your
Library/Know your Village on April 20th. He will devote an hour of tin
during that week.
Trustee Soriano read a memo from William Doorley requesting an
amount of $1,000 for his time and work performed in connection
with
79 College Avenue which was referred to committee.
~ n *P A
/
Trustee Soriano stated that he, together with Trustee Dj^Tolie-e,
attended a conference on waterfront revitalization of shorelines. He
stated that he sent a letter to the Dept. of State for information or
waterfront funds. He stated that talks included improvements for a pc
on waterfront property, as well as how to commercialize properties.
Trustee Soriano stated that 140 people attended the Senior Citiz*
meeting. He stated that the Board should be complimented for the sup{
to the Senior Citizens Club.
LABOR RELATIONS &amp; CONTRACTS
Trustee Lobato stated that the committee has advised the Police
Bargaining Unit that a meeting will be held on April 13th to commence
negotiations for a new police contract. He stated that he has not ye
received word from the Attorney of any change in the status of the CSI
matter.

�•S~*3-

l-V.
1 ,L

I1 .

-3POLICE &amp; LIGHT
Trustee DiFelice offered the following resolution, seconded by
Trustee Soriano:
WHEREAS Almighty God in His divine wisdom has seen fit to take
unto Himself the soul of Carmella DeRocha; and
WHEREAS the said Carmella DeRocha was the Mother of Patrolman
James Whalen having been held in the highest esteem by all those who
knew her, now, therefore,

! f .

f, ;

BE IT RESOLVED that this Board of Trustees take official notice
of Carmella DeRocha's death, and be it further
RESOLVED that this resolution be made a part of the official
minutes of this meeting and a copy sent to the family of the deceased.
Carried.

ft

Trustee DiFelice moved, seconded by Trustee Maceyak that the
probationary period of Ptl. John Thomas be extended an additional forty
weeks as per resolution of the Board on February 28th.
Carried.
Trustee DiFelice noted a letter from Arthur Freed, Director of
Traffic Engineers and Highway Safety to Chief Spota thanking him for
providing him with data concerning the enforcement of alcohol related
offenses which will be forwarded to Robert Maccarone, Program Coordinator
Trustee DiFelice submitted the following report for the month of
February:
(copy in detail official minutes)
PUBLIC WORKS
Trustee Maceyak gave the following report:
Routine cleaning of sanitary sewers with sewer jet and root cutters
in the Briggsville section of the Village.
Bank balance as of 3/14/83 is $50,983.16 in the water account.
Cleaning open drainage ditch through GM parking lot to the Pocantico
River and catch basins under the GM ramp.
Cleaning around the Philipse Manor railroad station.
Starting the pickup of extra commercial garbage at the new rate
established.
RECREATION &amp; PARKS
The youth basketball team will be playing in the County Tournament
on March 22nd. Fourteen youngsters are involved with the program.
No team representatives came to the women's softball meeting on
March 1st. The deadline was extended another month.

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-4Eight representatives attended the men's softball meeting. A
new swing will be installed this week at the Clinton Street park and
Barnhart park.
Hopefully, there will be a ski trip this weekend.
TAX EXEMPT &amp; ASSESSMENT

M$

Trustee Lobato reported that the Board of Assessment Review held
a meeting on March 2nd to review grievances filed by various property
owners and the Board denied all grievances.
MAYOR'S REPORT
Mayor Zegarelli stated that he is in receipt of a letter, togethe
with with a series of documents for analysis from the State Commission
on Cable TV and referred the same to Trustee Soriano, Chairman of
Governmental Relations.

1ST!

COMMUNICATIONS

s

The Clerk informed the Board of a notice of claim of Lumbermens
Mutual Casualty Company, a/s/o Jorge Lissabet, as per an accident
involving one of our street department drivers in the amount of $5908.
and that the same was referred to the insurance carrier.
lit'

Trustee DiFelice moved that action of the Clerk be confirmed by
the Board, seconded by Trustee Lofaro.
Carried.

• ... ft

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Trustee Soriano moved, seconded by Trustee Lofaro that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated March 1
1983 be paid after approval by department heads and that the Treasurer
be authorized to pay same and that a copy of this resolution be attach
to the warrants.
Carried,
No other business to come before the meeting, Trustee DiFelice
moved, seconded by Trustee Lofaro that the same be duly^adjourned. Car

'vli;"1 • .,

ill

Respectfully submitted,

Filomena Fallacaro
Clerk
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TELEPHONE

914) 611-0800

RICHARD Jl SPOTA
Chief of folic*

Polite Bepartment
Village of iiortf) Harrptoton, M. £. 10591
POLICE REPORT
otai Number Charged by Police:
1• Arrested •••
2. Summoned

FEBRUARY

1983

.
.

.. 62
.1273
Total

ersons Charged with Crimes or Violations:
1 • V&amp;T Moving Violations
r
I- V&amp;T Non-Moving Violations
•.
t. Disorderly Conduct,,
[. Harassment, *
&gt;. Operating with a Suspended or Revoked License*
&gt;. Burglary II
^. Criminal Possession of Stolen Property,,».»...
l » Trespass
K Criminal Possession of a Hypodermic Insturment
). V.O. DrinKing in Public...
.
.. Criminal Mischief 4th.
•
I. Assault 1st,
,
...••.
I. Resisting Arrest.
I. D.W.I

1335

41
0
5
2
3
1
1
1
1
1
1
1
1
1
1
1
Total

62

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TELEPHONE
(914) 631-0800

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RICHARD

J. SPOI

CA/tf/ of Police

police apartment
Vfllage of iiotti) Gfatrptoftm, i t g*. 10591
Parking Violations:
1. Metered Parking
2• Other Parking Violations,

••..... 240
1033
Total

Investigations of
Investigations of
Investigations of
Aiding of Injured

Reported Felonies
Other Complaints.....
Auto Accidents
at Accidents

..............
.
•.Total

Police Aid to Sick Persons
Ambulance Requests
Responding to Alarms
Escorts
Arrests on Warrants
Missing Persons.
D.O.A
„
Dark House Checks (13 houses)

......

.

•••••
•

••

.

Richard J.
Chief of Police

4
242
32
. 2
280

34
25
............. 13
8
3
4
2
227
Total
316

Respectfully submitted.

A^&gt;^»A

1273

�STATEMENT AND CANVASS OF RETURN MADE
BY THE BOARD OF TRUSTEES OF THE VILLAGE
OF NORTH TARRYTOWN FOR THE VILLAGE ELECTION
HELD IN SAID VILLAGE FOR THE YEAR 1983

We, the undersigned members of the Board of Trustees of the
Village of North Tarrytown, New York, DO HEREBY CERTIFY the results
of the Annual Village Election in and for said Village on the 15th
day of March, 1983, to be as follows:
That the total number of ballots voted was

2711

•

That the total number of votes cast for Mayor was 2684
of which
JANET GANDOLFO
PHILIP E. ZEGARELLI

received

1311

"

1373

That the total number of votes cast for Village Trustees
was
79Q6
of which
WILLIAM MCBRIDE

received

1487

VINCENT BU0NANN0

1356

RICHARD E. AYERS

1127

MARTIN P. RUANE

1335

JUAN MENENDEZ

1172

JAMES J. TIMMINGS

1429

We hereby declare the following elected:
For Mayor - Two year term

PHILIP I :. ZEGARELI,1

For Trustee - Two year term

WILLIAM MCBRIDE
VINCENT BU0NANN0
/^JAMES J

TIMMINGS

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MAYOR

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That the whole number of ballots voted for the Office of Mayor and
Trustees in the FIRST ELECTION DISTRICT of the Village of North
Tarrytown was
237
, total number of votes cast 914
of which
JANET GANDOLFO
RECEIVED
129
PHILIP E. ZEGARELLI
10/
ii

WILLIAM MCBRIDE
VINCENT BUONANNO
RICHARD E. AYERS
MARTIN P. RUANK
JUAN MENENDEZ
JAMES J. TIMMINGS

RECEIVED
ii
it

II
II
ii

—

144
133
118

yz
«y

102

That the whole number of ballots voted for the Office of Mayor and
Trustees in the SECOND ELECTION DISTRICT of the Village of North
Tarrytown was
388
, total number of votes cast 1507
of which
JANET GANDOLFO
PHILIP E. ZEGARELLI

RECEIVED

WILLIAM MCBRIDE
VINCENT BUONANNO
RICHARD E. AYERS
MARTIN P. RUANE
JUAN MENENDEZ
JAMES J. TIMMINGS

RECEIVED

ii

II
II
II
II
ii

241
141

249
238
Z1Z
13y

134
1^3

That the total number of ballots voted for the Office of Mayor and
Trustees in the THIRD ELECTION DISTRICT of the Village of North
Tarrytown was
184 , total number of votes cast 716
of which
74
JANET GANDOLFO
RECEIVED
M
PHILIP E. ZEGARELLI
1U/
WILLIAM MCBRIDE
VINCENT BUONANNO
RICHARD E. AYERS
MARTIN P. RUANE
JUAN MENENDEZ
JAMES J. TIMMINGS

RECEIVED

83

II

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That the whole number of ballots voted for the Office of Mayor
and Trustees in the FOURTH ELECTION DISTRICT of the Village of
North Tarrytown was
172 , total number of votes cast 670
of which
JANET GANDOLFO
PHILIP E. ZEGARELLI

RECEIVED

WILLIAM MCBRIDE
VINCENT BUONANNO
RICHARD E. AYERS
MARTIN RUANE
JUAN MENENDEZ
JAMES J. TIMMINGS

RECEIVED

it

it
ii
it
it
•t

88
84
109
85
63
87
62
92

That the whole number of ballots voted for the Office of Mayor
and Trustees in the FIFTH ELECTION DISTRICT of the Village of
North Tarrytown was 310 , total number of votes cast 1207
of which
JANET GANDOLFO
PHILIP E. ZEGARELLI

RECEIVED

WILLIAM MCBRIDE
VINCENT. BUONANNO
RICHARD E. AYERS
MARTIN P. RUANE
JUAN MENENDEZ
JAMES J. TIMMINGS

RECEIVED

it

it
it
ti
it
it

177
126

?r

i.

\

»' *

V,

I I \

I

)

201
193
172
124
106
108

That the whole number of ballots voted for the Office of Mayor
and Trustees in the SIXTH ELECTION DISTRICT of the Village of
North Tarrytown was 286 , total number of votes cast 1130
of which
JANET GANDOLFO
PHILIP E. ZEGARELLI

RECEIVED
it

114
171

WILUAM MCBRIDE
VINCENT BUONANNO
RICHARD E. AYERS
MARTIN P. RUANE
JUAN MENENDEZ
JAMES J. TIMMINGS

RECEIVED

149
T3T
89
145
151
T&amp;0"

ti
it
it
ti
ti

I v

' ,

H l.v. '**W
' J'

l-

\

�-4That the whole number of ballots voted for the Office of Mayor
and Trustees in the SEVENTH ELECTION DISTRICT of the Village of
North Tarrytown was 465 , total number of votes cast 1812
of which
JANET GANDOLFO
PHILIP E. ZEGARELLI

RECEIVED
it

200
262

WILLIAM MCBRIDE
VINCENT BUONANNO
RICHARD E. AYERS
MARTIN RUANE
JUAN MENENDEZ
JAMES J. TIMMINGS

RECEIVED

224
217
154
257
211
287

it
ti
ii
ti
ti

That the whole numner of ballots voted for the Office of Mayor
and Trustees in the EIGHTH ELECTION DISTRICT of the Village of
North Tarrytown was
231 , total number of votes cast 906
of which
JANET GANDOLFO
PHILIP E. ZEGARELLI

RECEIVED
it

90
138

WILLIAM MCBRIDE
VINCENT BUONANNO
RICHARD E. AYERS
MARTIN RUANE
JUAN MENENDEZ
JAMES J. TIMMINGS

RECEIVED

105
91
82
135
120
145

M
11
II
II
It

That the whole number of ballots voted for the Office of Mayor
and Trustees in the NINTH ELECTION DISTRICT of the Village of
North Tarrytown was
279 , total number of votes cast 1099
of which
JANET GANDOLFO
PHILIP E. ZEGARELLI

RECEIVED
it

159
117

WILLIAM MCBRIDE
VINCENT BUONANNO
RICHARD E. AYERS
MARTIN RUANE
JUAN MENENDEZ
JAMES J. TIMMINGS

RECEIVED

176
148
141
141
92
125

it
it
it
it
it

That the whole number of ballots voted for the Office of Mayor
and Trustees in the TENTH ELECTION DISTRICT of the Village of
North Tarrytown was 159 , total number of votes cast 629
of which
JANET GANDOLFO
PHILIP E. ZEGARELLI

RECEIVED

WILLIAM MCBRIDE
VINCENT BUONANNO
RICHARD E. AYERS
MARTIN RUANE
JUAN MENENDEZ
JAMES J. TIMMINGS

RECEIVED

it

it
ti
it

H
it

39
120
47
42
32
114
112
123

�FIRST ELECTION DISTRICT

MAYOR

TRUSTEES

211.

678

SECOND ELECTION DISTRICT

1125

THIRD ELECTION DISTRICT

JLfil.

HI

FOURTH ELECTION DISTRICT

122.

498

FIFTH ELECTION DISTRICT

1Q1

904

SIXTH ELECTION DISTRICT

Ml

845

SEVENTH ELECTION DISTRICT

M2u

EIGHTHELECTION DISTRICT

221

678

NINTH ELECTION DISTRICT

JJA

823

TENTH ELECTION DISTRICT

-151

470

2684

7906

TOTAL

1350

, \

\ I

\m

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                    <text>NORTH TARRYTOWN, N.Y.
March 2, 1983
A special meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli
Mayor
Janet Gandolfo
Emanuel Lobato
Peter Soriano
Stephen Maceyak
Trustees
Robert J. Ponzini
Counsel
Victor Page
Building Inspector

Absent

Joseph Lofaro
Mario DiFelice

Trustees
Mayor Zegarelli read Counsel Ponzini s memo regarding grievances
filed on February 15th.
T

1

Mayor Zegarelli read the clerk's note that General Motors will
not appear at the meeting this evening.
Mr. Laurentino Rodrigues was present and spoke on his own behalf
for his requested reduction.
Mayor Zegarelli read a letter from Allen, Litt, Hulnick and
Giordano advising that their client no longer wishes to challenge the
Village Tax Assessment Roll for 1983.
Trustee Lobato moved, seconded by Trustee Maceyak to deny all
grievances.
The Board was polled as follows:
Trustee Maceyak
"
Gandolfo

- Yes
- Yes

Trustee Soriano
"
Lobato

Mayor Zegarelli voted "Yes"

- Abstain
- Yes

Carried.

Trustee Soriano moved seconded by Trustee Lobato that the
meeting be adjourned.

f

^r-'

Philife E. ZegareQJNj., A c t i n g Clerk

�/
^

TRLEPHONB

(914) 631-0800

RICHARD J. SPOTI
Chief of Poliu

Jtoltce department
VtUage of i^tortfr aCartptoton, jg. g*. I 0 5 9 t
Parking Violations*
1. Metered Parking
2 • Other Parking Violations • •. •

118
582

•

700

Total
Investigations of
Investigations of
Investigations of
Aiding of Injured

Reported Felonies•
Other Complaints
Auto Accidents
at Accidents

•

•

7
258
33
6

.
Total

Police Aid to Sick Persons
Ambulance Requests
Responding to Alarms
Escorts
Arrests on Warrants
Hissing Persons
D.O. A
Dark House Checks (7 houses)

304
.... 26
19
15
13
2
2
2
94

•
•
•
•
Total

173

R e s p e c t f u l l y submitted,

&lt;5c

Ri/chard J .
Chief of

�NORTH TARRYTOWN, N.Y.
March 2, 1983
A special meeting was held before the Board of Trustees of the
Village of North Tarrytown on the above date.
Present

Philip E. Zegarelli
Mayor
Janet Gandolfo
Emanuel Lobato
Peter Soriano
Stephen Maceyak
Trustees
Robert J. Ponzini
Counsel
Victor Page
Building Inspector

Absent

Joseph Lofaro
Mario DiFelice

Trustees
Mayor Zegarelli read Counsel Ponzini*s memo regarding grievances
filed on February 15th.
Mayor Zegarelli read the clerk's note that General Motors will
not appear at the meeting this evening.
Mr. Laurentino Rodrigues was present and spoke on his own behalf
for his requested reduction.
Mayor Zegarelli read a letter from Allen, Litt, Hulnick and
Giordano advising that their client no longer wishes to challenge the
Village Tax Assessment Roll for 1983.
Trustee Lobato moved, seconded by Trustee Maceyak to deny all
grievances.
The Board was polled as follows:
Trustee Maceyak
"
Gandolfo

- Yes
- Yes

Mayor Zegarelli voted "Yes"

Trustee Soriano
"
Lobato

- Abstain
- Yes

Carried.

Trustee Soriano moved seconded by Trustee Lobato that the
meeting be adjourned.
—
( Respectfully submitted,

Philife E. ZegareQJ^., Acting Clerk

�BOND RESOLUTION, DATED NOVEMBER 15, 1982, AUTHORIZING THE ISSUANCE OF $47,500 SERIAL BONDS AND $2,500 CAPITAL
NOTES OF THE VILLAGE OF NORTH TARRYTOWN, PURSUANT TO THE
LOCAL FINANCE LAW, TO FINANCE THE ADDITIONAL COSTS OF THE
CONSTRUCTION OF A MULTI-PURPOSE BUILDING FOR USE BY VARIOUS
VILLAGE DEPARTMENTS.
V

BE IT RESOLVED by the Board of Trustees of the
Village of North Tarrytown, as follows:
Section 1.

In order to finance the specific object

or purpose hereinafter described, the Village of North
Tarrytown shall issue its Serial" Bonds of the aggregate
principal amount of $47,500 and its Capital Notes of the
aggregate principal amount of $2,500, pursuant to the Local
Finance Law of New York.
Section 2.

The specific object or purpose (herein-

after referred to as "purpose") to be financed by the issuance
of said bonds is the additional costs of the construction of a
multi-purpose building for use by various Village departments,
a building of Class "A", construction as defined in Subdivision
eleven of Section 11.00 of the Local Finance Law including
grading or improvement of the site, original furnishings,
equipment, machinery and apparatus required for the use of
said building.

�Section 3.

It is hereby stated that (1) the es-

timated maximum cost of said purpose is $515,000; (2) no
money has heretofore been authorized by the Board of
Trustees of the Village for such purpose except $441,750 of
Serial Bonds and $23,250 of Capital Notes authorized by a
resolution dated June 27, 1981; and (3) the Board of Trustees
plans to finance such purpose from funds raised by the issuance of said Serial Bonds and Capital Notes authorized by
this resolution and the Serial Bonds and Capital Notes referred to in Subsection (2) above.
Section 4.

It is hereby determined that said pur-

pose is an object or purpose described in Subdivision eleven
of Paragraph a of Section 11.00 of the Local Finance Law,
and that the period of probable usefulness of such purpose
is thirty years.
Section 5.

It is hereby determined that the pro-

posed maturity of the obligations authorized by this resolution will be in excess of five years.
Section 6.

Subject to the terms and conditions

of this resolution and of the Local Finance Law, and pursuant
to the provisions of Sections 30.00, 50.00 and 56.00 to
60.00, inclusive, of said Law, the power to authorize Bond
Anticipation Notes in anticipation of the issuance of the
Serial Bonds authorized by this resolution and the renewal

�of said notes, and the power to prescribe the-" terms, form
and contents of said Serial Bonds, Capital Notes and Bond
Anticipation Notes, and the power to sell and deliver said
Serial Bonds, Capital Notes and Bond Anticipation Notes is-*
sued in anticipation of the issuance of such bonds is hereby
delegated to the Village Treasurer of said Village. The Mayor
is hereby authorized to sign any Serial Bonds and Capital Notes
issued pursuant to this resolution, and any Bond Anticipation
Notes issued in anticipation of the issuance of said Serial
Bonds, and the Village Clerk is hereby authorized to affix
the corporate seal of said Village to any of said Serial
Bonds, Capital Notes and any Bond Anticipation Notes, and
to attest such seal.

Each interest coupon representing in-

terest payable on such Serial Bonds shall be authenticated
by the facsimile signature of the Village Treasurer.
/

Section 7.

The validity of said Serial Bonds,

Capital Notes or of any Bond Anticipation Notes issued in
anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object
or purpose for which said Village is not authorized to expend
money, or the- provisions of law which should be complied with
at the date of the publication of this resolution, are not
substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days

�*

after the date of such publication, or if said obligations
are authorized in violation of the provisions of the
Constitution of New York.
Section 8.

When this resolution shall have taken

effect in the manner provided by law, it shall be published
in full by the Village Clerk of said Village, together with
a notice in substantially the form prescribed by Section
81. OQ of said Local Finance Law, and such publication shall
be in "The Daily News", a newspaper having a general circulation in said Village of North Tarrytown.
Section 9.

This resolution is subject to a per-

missive referendum and shall take effect at the-time and in
the manner prescribed by Article IX of the Village Law of
New York.

Carried.

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