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                  <text>PUBLIC HEARING
;

NORTH TARRYTOWN, N.Y. &lt;=*~?^r~
December 7, 1981

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
James J. Timmings
Janet Gandolfo
Peter Soriano
Thomas J. Cavalieri
Mario DiFelice
Margaret White,
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 noted the 40th Anniversary or the bombing*of
Pearl Harbor and a moment of silence was held.
Trustee White moved, seconded by Trustee Soriano that the minutes
of the meeting held on November 16, 1981 be approved as written. Carried.
Mayor Zegarelli called for bids on the refurbishing of the existing
heating control system in the Municipal Building.
Treasurer Amato opened the following bids;
Barber-Colman Co.
Bronx, N.Y.

$63,151.00

Johnson Controls , Inc,
L.I. City, N.Y.

$23,950.00

Mayor Zegarelli moved that the bids be referred to the public works
and Supt. of Public Works Committee, seconded by Trustee White.
Trustee Cavalieri amended the motion to read Buildings &amp; Grounds
Committee and Supt. of Public Works, with power to act and confirmation
at next regular meeting, seconded by Trustee Wl}ite.
Carried.
Mayor Zegarelli read the notice of hearing to consider a proposed
Local Law entitled "Heat in Buildings" and asked if there was anyone
present who would like to address the Board may do so at this time.
Trustee DiFelice stated that several of the recommendations of
the building inspector were not incorporated in the proposed law.
Following a discussion, Mayor Zegarelli moved that the following
amendments be made in the proposed local law:

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-21. Changing the degrees from 60 to 62 .
2. Striking the sentence "written complaint, etc." to "upon
inspection of the Building Inspector".
3. Changing the penalty from $25 per unit to $50 per unit, predica
upon the building inspector's inspection of the units,
seconded by Trustee White.
Carried.
Trustee Gandolfo moved, seconded by Trustee DiFelice that the
following Local Law #7 of 1981 entitled "Heat in Buildings" as amended
be adopted:
(Copy in detail official minutes)
Mayor Zegarelli asked if there was anyone present who would like
to address the Board may do so at this time.

i

Trustee Soriano informed the Board of a problem at 100 College
Avenue. He stated that someone was mugged and physically beatened and
is now living in fear. He inquired if the Village has any authority
under our codes to require the landlord to repair the locks in the
building.
Mayor Zegarelli stated that he had talked to the group who run
the building, however, he stated that he could have the building inspec
and fire department investigate the building.

Mr. Page stated that he was down at the building a week ago and ha
to wait for someone to open the door from the inside. He stated that h
will review the codes to ascertain what authority, if any, the Village
in ordering the landlord to have the locks repaired.
Deidre Lovecky, Riverside Drive inquired as to what the Village is
going to do about Kingsland Point Park closing.
Mayor Zegarelli stated that he, together with Trustee Gandolfo,
attended meetings with the County.
He stated that the Village went on
record in writing wanting to keep the park as is. He stated that a
public hearing will be held in the County next week. The Village is
meeting with County officials to see what can be done, said the Mayor

I

Trustee Gandolfo stated that as of right now, $15,000 was alloca
in the County budget which does not include any salaried personnel, onl
maintenance, such as plowing, grass cutting.

After the first proposal came out, Kingsland Point Park was the on
park to receive any funds and this was because of the input from North
Tarrytown, said Trustee Gandolfo,
REPORTS OF COMMITTEES
BUILDINGS &amp; GROUNDS

Trustee Cavalieri stated that maintenance of the buildings is
continuing. He stated that he wrote a letter to the Inclinator Companj
of Pa. for information on an "Elevette" and if they have a listing of a
Federal grants available for this installation.

i

�-3-

&lt;P^7

Trustee Cavalieri stated that his committee met and discussed
the rezoning of Clinton Street on the east side. The west side was
rezoned a couple of years' ago.
Following a
Trustee Gandolfo
reclassification
Cortlandt Street

discussion, Trustee Cavalieri moved, seconded by
that a memo be directed to the Planning Board recommending
of the zoning on the east side of Clinton Street, from
to Beekman Avenue.
Carried.

In connection with the bids received on the proposed Village Garage,
Mayor Zegarelli stated that we are in receipt of letters from the
plumbing, electrical and heating &amp; air conditioning who were low bidders
that they would extend their bid thirty days.
FINANCE &amp; REAL ESTATE
Trustee Gandolfo reported a cash balance of $286,450.75 in the
General Fund as of December 3, 1981.
Trustee Gandolfo stated that she has requested all department heads
to submit their budget for the next fiscal year to her by January 15th,
after which a meeting will be held to discuss the budget.
v
GOVERNMENTAL RELATIONS
Trustee White reported "progress".
LABOR RELATIONS
Trustee Timmings stated that the first mediation session was held
December 4th. Mr. Kell, the mediator, Counsel and himself, as well as
Ptl. Schrank and John Harold, Counsel for the PBA attended, he said.
Trustee Timmings requested that any Trustee who is available should
attend the next session which will be held on December 11th at 10 A.M.
He stated that he doubted whether Mr. Kell would allow everyone to sit
in on the entire session, however, he will review where we are now.
PUBLIC SAFETY
Trustee DiFelice stated that the Mayor and himself presented
certificates of appreciation to the 25 and 50 year members of Columbia
and Unions Hose Companies.
Trustee DiFelice stated that in November of 1976, the Town of Mt.
Pleasant passed an ordinance on games of chance and stated that he would
like Counsel to review the ordinance for an opinion.
Trustee DiFelice stated that Counsel has given members a memo
to the effec t that our ambulance corps members are covered when they are
called to the Village of Tarrytown.
Trustee DiFelice noted another memo from Counsel regarding speed
bumps. These are officially rejected as a standard traffic control
device on public streets.

;

Trustee DiFelice stated that the traffic light at General Motors
plant is
in need of a new controller. The cost will be $5,000.

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�-4According to Mr. Biros, said Trustee DiFelice, we do not have to go out
for bid, after which, he moved that a new controller be purchased for
the traffic light on Beekman Avenue, near the General Motors plant, sal
money to come from CDA funds, seconded by Trustee Soriano. Carried.
Trustee DiFelice gave the following police report for the month
of November:
(copy in detail official minutes)

Trustee DiFelice stated that Sr. Angelene of St. Teresa's School
would like to donate a bullet-proof vest for the department and moved
that the vest be accepted with the thanks of the Board, seconded by
Trustee Cavalieri.
Carried.
m

Trustee DiFelice stated that General Motors is sponsoring a PoliJ
Services brochure for the Village and moved that a letter of thanks bej
sent to them, seconded by Trustee Timmings.
Carried.
Trustee DiFelice read a letter from the Immaculate Conception Chur
Rev. Fagnani, thanking the police and fire departments for their aid
during the bazaar at the church and moved that copies be sent to the
departments, seconded by Trustee Soriano.
Carried,.'

Trustee DiFelice read a letter from Ann McClurken, Sec'y. of the
Ambulance Corps commending Ptl. Biro for the aid administered to Mr.
Cellante who was experiencing cardiac arrest, said person now recoverin;
Trustee DiFelice moved that a copy of the letter be placed in
Ptl. Biro's folder, seconded by Trustee White.
Trustee Timmings amended the resolution that a certificate be
presented to him, seconded by Trustee White.
Carried.

Trustee DiFelice read a letter sent to Chief Spota from Wilbert
Payne, Regional Director, Division for Youth, that a $3,000 grant was
approved for North Tarrytown's Juvenile Aid Bureau. He stated that in
the letter, Mr. Payne stated that a complaint was filed against North
Tarrytown not complying with State regulations on the Youth Bureau. I
A meeting will be held tomorrow with the State representative
regarding the matter, said Trustee DiFelice.

I

PUBLIC WORKS
Trustee Soriano gave the following report; ^
Defective meters are being repaired during meter reading.
Fire hydrants are being winterized.
Bank balance as of 12/7/81 is $16,333.67.
Four additional trees will be planted on Depeyster Street as part
of the CDA program.
The pickup of loose leaves is completed and the department is back
on the requirement to place pickup items in containers.
Reconstructed and blacktopped the dead end of Dell St.

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Sand barrels have been placed out on sidewalks and Christinas tree
ornaments erected.
Sidewalk on Valley Street, northwest corner of College and Valley
has been replaced.
Reconstructed catch basin on Lakeview Avenue between Evergreen and
Hemlock.
Sealing program has begun on Clinton, Depeyster and Cortlandt
Streets.
Trustee Timmings stated that according to the holidays for Lincoln
and Washington's birthdays in the CSEA contract, one day falls on a
Friday and the other on a Monday and moved that a letter be sent to
Mr. O'Connor that the schedule of holidays is unsatisfactory to the
Village, seconded by Trustee Soriano.
Carried.
RECREATION
Trustee Gandolfo gave the following report:
Two ski trips have been scheduled for this weekend. December 12th
to Hunter Mountain, December 13th to Belleair where they are offering
a "Learn to Ski" beginners package at $35 for pre-fitted ski equipment,
bus trip, lift ticket and lessons until you ski.
The shed at Barnhart Park was broken into last week.
taken. Gary Thomas repaired the shed.
The winter-spring courses are in the makings.
courses being considered is a bookkeeping course.

Nothing was

One of the new

Gary Thomas inspected playground equipment at Barnhart Park and
replaced 25 bolts which were missing on the equipment.
The Pilgrim Run held on November 22nd was a success.
registered and it was a success.

112 people

Trustee Gandolfo called for a recreation committee meeting for
December 16th.
Trustee Gandolfo stated that a letter was received from one of the
bidders who bid on athletic equipment and would like to discuss it in
committee before making any comment.
SENIOR CITIZENS
Trustee White stated that the citizens held a meeting today with
125 people in attendance.
The citizens will hold a Christmas Party on December 21st.
Soriano will provide the music, said Trustee White.

Basil

TAX EXEMPT &amp; ASSESSMENT
Trustee Timmings stated that he has information, but has not had
a chance to review it.

•»

�I

•

-6MAYOR'S REPORT
Mayor Zegarelli acknowledged letters from Senator Goodhue,
Assemblyman Sullivan and the Governor,
Mayor Zegarelli noted a letter from Curtis Heath regarding the
proposed Briarcliff Transfer Station for the Board's review.
(Copy in detail official minutes.)

Mayor Zegarelli acknowledged a copy of a letter sent to County
Executive DelBello from Felisa Esteban of 16 Andrews Lane regarding th&lt;
closing of Kingsland Point Park.
|

Mayor Zegarelli noted the memo from V. Page, Building Inspector,!
regarding 21 Beekman Avenue. Mr. Page listed reasons in the letter f|
denying a building permit to the owner and is requesting permission to
send it.
Mayor Zegarelli moved to confirm action of the Building Inspector,
seconded by Trustee DiFelice. Carried.

r

Mayor Zegarelli moved, seconded by Trustee DiFelice that t"he
Building Inspector and Counsel be authorized to determine a schedule ai
together through proper legal channels to have the building eventually
demolished if we do not receive a response from the owner, all costs
charged to the owner.
Carried,
Mayor Zegarelli moved to confirm his action regarding a letter sei
to County Legislator, Edward Brady, regarding the Board's position on
Kingsland Point Park, seconded by Trustee Cavalieri.
Carried.
COMMUNICATIONS

.Communication from C. Edward Midgley, President of the Board of
Education, acknowledging the Board's letter concerning maintenance of
various recreation areas was read and filed.
I

Trustee Gandolfo stated that a meeting was held with Mr. CharlesI
Brownstein, Senior Attorney of the ETPA, It has been suggested that a
meeting be held with representatives from other another municipality
who has instituted this program.
Trustee Gandolfo suggested that a meeting be held with attorneys,
landlords and tenants to discuss this program. '
UNFINISHED BUSINESS

Mayor Zegarelli stated that John Biros attended a meeting at the
County Dept. of Public Works regarding the Chips program last week. He
will be attending a meeting on December 15th in White Plains where a
representative from the Dept. of Audit &amp; Control will speak on the
physical implications and Accounting requirements in connection with
the Consolidated Local Streets and Highway Improvement Program.

N

�-7-

^ 3/
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Trustee Gandolfo moved, seconded by Trustee Soriano that the
following part-time employees' hourly rate be increased from $3.50 $4.00 per hour, retroactive to June 1, 1981: Betsy Swanson, Jane Byrne,
Lee Verdi, Christine Chalmers, Carol Esteban, John Convery, Bernard
Gallagher, Ann Murray.
Carried.
NEW BUSINESS
Mayor Zegarelli stated that the Village Officials' meeting will
be held on December 10th in Irvington.
Trustee Gandolfo stated that the Tarrytown Recreation Department
would like to use our recreation assistant at the Tarrytown Lakes from
1 - 4 P.M. and they would pay his salary for the hours.
Following a discussion, the Treasurer was instructed to gather
information which would include the cost for his pension, medical
payments, etc.

. •

Trustee White moved, seconded by Trustee DiFelice that the bills
submitted on the General Fund and Water &amp; Sewer Department warrants
dated December 7, 1981 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 DiFelice moved, seconded by Trustee White that the same be
duly adjourned.
Carried.
Respectfully submitted,

I

Filomena Fallacaro
Clerk

�%

' &amp; -

To: Mario D^Felice
Prom: Curtis Heeth
Re: Proposed Briarcliff Transfer Station
"• You may wish to inform the Trustees about this matter,
which we have discussed "briefly on the telephone after
you informed me of it.
«

I have inspected the site, which is located between
Route 9A and the Tacanic State Parkway about a mile north
of the insection of Route 117 and approximately where
the Con Ed high voltage power lines cross 9A. The Pocantico Hiver runs down on the eastern side of 9A and crosses
under 9A and the old Putnam right-of-way immediately
north of the proposed site. Another stream runs east-andwest also passing under 9A and the right-of-way slightly
south of the proposed site. The Mount Pleasant Wetlands
Priority Study, prepared by Frederick P. Clark Associates,
Rye, states that the whole area "is the largest/-and most
important wetland in the Pocantico River basin"^. Briar^
cliff has been using~ the proposed site to dump leaves, so
that the immediate area is not as wet as the area around it,
although of course if there is any run-off it presumably
would enter the marsh and the Pocantico River. The Mount
Pleasant Wetlands Priority Study points out, among other
things, that any pollutants would find their way to the
Pocantico Lake, which is connected to the Mount Vernon
water supply although not presently used for its water.

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I diacussec this matter with several persons in Briarcliff, where there is strenuous opposition, headed by
Richard Murray (9^1-4-23&amp;)« They have inspected what they
believe is a similar station now operating in Yonkers, which
is a tall building about 5 stories high. Presumably the
dumping and removal would take place in the building, but
the Briarcliff people claim there would be leaking or
spilling causing a hazard, particularly since the plant
would be open to industries as well as municipalities.
1 have also had a discussion with Jchn Muenziger, head
of the County Environmental Planning Department, who
suggests that if North Tarrytown is concerned an inquiry
in writing be addressed to the Solid Waste Management
Department of the County requesting further details about
the construction and operation of the Station, what
safeguards are being planned to prevent leakage or
apilling and the handling of traffic. Mr. Lluen^iger has
inspected the site and has received data in opposition
from the Briarcliff people. He inclines to believe an
Environmental Impact Statement world have to be prepared.
The Briarcliff people claim that the Briarcliff Manor
Trustees are officially opposed to the proposed station.

�^ 3 i2&gt;

TELEPHONE

(914)

tol-0800

^UEiSffl'

RICHARD J. SPOTA

^**aaB*r^

Chief of Police

police Bepartment
Village of Jlottf) larrptoton, &amp;. §*. 10591
P o l i c e Report

I

November

19#1

otal dumber Charged by P o l i c e :
1 . A r r e s t e d o r D e t a i n e d . . • • . © » • . . . • . • » • . • . • • • . . • . . © . . • • • • • . © • • • 116
2 . Summoned.
..o....••&lt;&gt;©•...••••©.©•.••••••••.••••.••......1006
Total

I

Persons
10
2.
3©
4©
5•
6.
7.
&amp;.
9*
TO.
11 •
12.
13*
14©
15O
16.
17©
1#©
19©
20.

1122

Charged with Crimes o r V i o l a t i o n s :
/
V&lt;cT Moving©.©©
©
" 37
V&amp;T Non-Moving©.o.©...©
©©
1
O p e r a t i n g with a Suspended o r Revoked L i c e n s e . . © © - * * . . . . . . . .
4
Disorderly C o n d u c t « © . • • • • • • . • • . . . . . • • . . . . . . - . . . . .
......
12
S cof f l a w .
o.o
5
Possession of Marijuana 4th.......
•••••••••••»••••••
1
D.W.I
6
Soliciting without a Permit...... ..
•»•••
••
2
Harassment.• »•-••-...•••.•••..•••
.
•
.»•••.
3
Resisting Arrest
...•.•••••.••.•••
•
3
Criminal Mischief 4th.. •....••.•••»•-». ••••••••••».©©.
Sale of Alcholic Beverage to Minor.................
•«•
Grand Larceny 3rd
»»,&lt;&gt;
»„. 0
r
Issuing a Bad Check.. ..».©.©©©.
• ••.».••.••»••••••••••
Parole Violation....©© ©..©.. ©•..©. .•»...-•.••..•••.• »..•». .©»•
Violation of a Family Court Order©..©.....-.....,..
...»•
Assault 3rd.......©©.©.....•..©.••
.••..••..©»••••
Reckless Endangeraent. »©••.... ••••... •••.••
»...»
A ssault 2nd......................••••••••••.»••••••.»•-•»•••• .^L
Total
116
Dog Ordinance Violations......-.-. ...........................
33

Parking Violations:
1. Metered Parking.................. ............................ 206
2. Other Parking Violations©.......
300
-Total

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1006

�TELEPHONE

(914) 631-0800

^%LMfCJ^

RICHARD J. SPOTA
Cbitf of Poltce

police department
ViBage of JJorft ©arrptoton, J i g . 10591
I n v e s t i g a t i o n s of
I n v e s t i g a t i o n s of
I n v e s t i g a t i o n s of
Aiding- of Injured

Reported F e l o n i e s * . - . - . . . o . . • • » • • . . . - * . . • •»•»•»•..•»•»•••
7
Other Complaints. • • • • • » « • » o . o . • • . * • • • • • • » • • « • -»
257
Auto A c c i d e n t s . » . # # . 0 • » a # . . . . 0 .
• • • . . • • • • • • • • • • • 39
at A c c i d e n t s . . . . . . . . . . . . . . . . . . . 0 .
5

1

Total

29S

Police Aided Cases:
f
to Police Aid to Sick Persons0«»»«
•
•••»«»••»»••
2 e Ambulance Requests......o»o..,...•.*.•...•.#........•....•.....
3. Responding to Alarms 0 •.*....o.. ..»
»-••••..»•..••••...»..••
4e Escorts.........
•...»».•••»
•..«••....•.•.•.•.•.....•.•.•.•..••.••••
5» Arrests on W a r r a n t s . . . „ . » . . . .
»
• ••••..•••••.••••»••»•«•
6« Checking 54 Bark H o u s e s . . . . . . .
. ..............................
Total

36
19
12
9
5
4^0
561

Training:
P t l s . ,Biro &amp; Ferguson completed a erne day Breathalyzer Refresher Course
and renewed t h e i r Breathalyzer Operator C e r t i f i c a t i o n s f o r the next 2 years.

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R e s p e c t f u l l y submitted;
^

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Richard J./Spoxa
Chief of P o l i c e

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&lt;

�LOCAL LAW ill

OF

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HEAT IN BUILDINGS
Section
Section
Section
Section
Section
Section
Section
Section

-

1.
2.
3.
k.
5.
6.
7.
8.

°^3j"

Heat required.
Required temperatures.
Nonapplicability.
Contract or lease agreements.
Penalties for offenses.
"
Repair or replacement of heating system.
Severability.
When effective.
v
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Section - 1. HEAT REQUIRED.
Any owner, agency, lessee, superintendent or janitor of a
building who has under his control a furnace, boiler or other
device for the furnishing of heat to said building shall be required
to furnish heat to all used portions of said building in accordance
with the requirements of Section - 2.
Section -.2. REQUIRED TEMPERATURES.
1. A person who has contracted or undert a k &amp; to furnish^-heat or
who is required by any contract, agreement, lease or other arrangement
or by law to heat or furnish heat to any building or part thereof
occupied as a place of habitation shall furnish heat to every occupied
room in such building or part thereof so as to maintain temperatures
as follows:
a. Not less than sixty-eight degrees Fahrenheit (68rF.) between
the hours of 6:00 a.m. and 10:00 p.m. whenever the temperature outside
of the building or part thereof shall fall below fifty-five degrees
Fahrenheit (55° F.) and
b. Not less than sixty degrees Fahrenheit (62^ F.) between the
hours of 10:00 p.m. and 6:00 a.m. whenever the temperature outside
of the building or part thereof shall fall below fifty-five degrees
Fahrenheit (55* F . ) .
2. A person who has#contracted or undertaken or who is required
by any contract, agreement, lease or other arrangement or by law to
heat or furnish heat to any building or portion thereof, occupied as
a business establishment or for public or governmental purposes where
one (1) or more persons are employed, shall furnish heat for every
occupied room in such building, or portion thereof, so that a minimum
air temperature of sixty-eight degrees Fahrenheit (68*' F.) may be
maintained therein during the usual working hours established and
maintained in a building, or portion thereof, occupied as a business
establishment or for public or governmental purposes, unless other
hours are provided by a contract or agreement.
^3. For the purposes of this section the temperature within a
place of habitation or any building or .portion thereof occupied as a
business establishment or for public or governmental purposes -where
one (1) or more persons are employed shall be that obtained at a
distance of eighteen (18) inches above the average floor level and
three (3) feet from an outside wall of the room in which such
temperature is obtained.
Section - 3. NONAPPLICABILITY
This local law shall not apply to any building or the portion of
any building used for the carrying on of any trade, business or
profession in which a temperature of less than sixty-five degrees
Fahrenheit (65* F.) is essential and unavoidable»
Section - A. CONTRACT OR LEASE AGREEMENTS.
This local law may be varied only by express written contract or
lease entered into by the parties; provided, however, that any such
provision in any contract or lease shall be void and unenforceable if
the contract or lease as a whole is unconscionable, considering the
background and circumstances in existence at the time said contract or
lease was made and the relative bargaining power of the parties to the
contract or lease.

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Section - 5.

PENALTIES FOR OFFENSES.
•

The penalty for any violation of this local law shall be Fifty
Dollars ($50.00) per day, per unit, that the violation shall continue.
If the violator is a corporation, then the president, vice-president,
secretary and treasurer thereof shall be personally, jointly and severa
liable therefor. Violations shall be investigated and prosecuted by th
Building Inspector or in his absence, his authorized designee or if no
authorized designee be available, then the North Tarrytown Police
Department.
Section - 6.

REPAIR OR REPLACEMENT OF HEATING SYSTEM.

In the event that there is a mechanical or other breakdown of the
heating system, then the owner, agency, lessee, superintendent or
janitor, as the case may be, shall immediately t ake such steps as shal
be reasonable and necessary to effect the repair and/or replacement of
said heating system.
Section - 7.

SEVERABILITY.

In the event that any provision of this local law shall be declare
unconstitutional or otherwise null and void, it shall not effect any ot
provision not so held, which shall continue in full force and effect.
Section - 8.

WHEN EFFECTIVE.

This local law shall take effect immediately upon filing with the
Secretary of State of the State of New York,

Adopted: December 7, 1981

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