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                  <text>PUBLIC HEARINGS

NORTH TARRYTOWN, N,Y.
May 3, 1982

^

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 J. 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 meetings held on April 19th and April 29th be approved
as written.
Carried.
Mayor Zegarelli called for street light maintenance bids for the
year commencing June 1, 1982 - May 31, 1983.
Clerk Fallacaro opened the following bid:
Edward McCarthy, 2 Andrews Lane, No. Tarrytown, N.Y.
(Check in the amount of $645 enclosed.)

$6450.

Trustee DiFelice moved, seconded by Trustee Maceyak that the bid
be referred to the police committee for analysis and recommendation.
Carried.
Mayor Zegarelli called for bids on the repair and maintenance of
meters for the year commencing June 1, 1982 - May 31, 1983.
Clerk Fallacaro opened the following bids:
Edward Simnowski, 14 Anderson Ave., No. Tarrytown, N.Y.
(Check in the amount of $390 enclosed.)

$3900.00

Robert G. Lustyik, Sr., 150 Grove St., Tarrytown, N.Y.
(Check in the amount of $400 enclosed.)

$4000.00

Trustee Gandolfo moved, seconded by Trustee Lofaro that the bids
be referred to the police committee for analysis and recommendation.
Carried.
Mayor Zegarelli read the notice of hearing" on a proposed Local Law
entitled "Notification of Defects" which provide for a specific procedure
for the notification to the municipality of any defect and property owned
or operated by the municipality in any highway, street, crosswalk, etc.
which in the absence of strict compliance with the notice provision of

�-2this Local Law the Village should not be liable in any civil action
for the defect.
Mayor Zegarelli asked if there was anyone present who would like
to comment on the proposed law.
Counsel stated that the purpose of this law was on a suggestion
of our insurance company. He stated that the cost of liability rates
for municipalities are extremely high. Whenever there is an accident
people are always looking for additional money from the Village, he sai
No one appearing for or against the proposed local law, Trustee
DiFelice moved, seconded by Trustee Lobato that the hearing be closedf
Carried.
Mayor Zegarelli read the notice of hearing on a proposed local
law entitled "Tree Conservation". The purpose of the law would reflec
the Village policy that the planting and maintenance of trees as a dire
relationship to the health, safety and welfare of the community and ask
if there was anyone present who would like to address the Board.
Mr. Curtis Heath, Chairman of the Conservation and Beautification
Committee, explained that this law is necessary in order for the Villag
to become a member of Tree City USA one of the requirements is the
formation of a tree commission and the adoption of a tree ordinance.
The law provides for a tree commission which would annually advise the
Board as to the condition of trees and make recommendations in the
removal of unsafe trees, etc. Mr. Heath stated that the committee made
a study of tree ordinances and have submitted an ordinance which follov/
closely some of the ordinances now in effect elsewhere.
No other comments, Trustee DiFelice moved, seconded by Trustee
Gandolfo that the hearing be closed.
Carried.
Mayor Zegarelli asked if there was anyone present who would like
to address the Board on anybther matter.
Mr. A. Volpacchio, 11 Cedar Street,inquired about conflicting
signs on Cedar Street,
The matter was referred to the police committee.
Mr. Volpacchio also complained about ashes from the incinerator
at College Arms falling on to his property.
Mr. Page stated that the incinerator was closed down by him and
the owner was ordered to rebuild it because it was not working properly
Sometimes it does give off with smoke, however, by the time he gets
down there, the smoke has cleared, said Mr. Page.
The matter was referred to police committee.
Mr. Joseph Schwer, representing the Van Tassel Tenants Association
inquired as to what is being done about their request for the Village t
enter into the ETPA program. He stated that notices were received fron
the landlord that their rents were being increased again and some

�-3-

3C/^

•apartments will be increased up to $115 a room. He cited violations
consisting of leaky faucets, electrical wiring and fire violations.
He stated that he is in
possession of a list of several apartments
which have been redone by an unlicensed plumber.
Mr. Schwer produced pictures and offered them as proof of violations
in the building.
He stated that they should be presented to the rent
control board in White Plains.
The building is in violation of the
Village Code, said Mr. Schwer.
Mayor Zegarelli stated that the pictures will be turned over to
the Village Prosecutor after inspection by the building inspector.
Mayor Zegarelli directed Village Counsel to schedule an appointment
with Messrs. Tucciarone, Schwer and the building inspector to expedite
the matter.
Several residents of 12 Lawrence Avenue also appeared and stated
that their rents have also been increased,
Mr. Page, speaking about the Van Tassel apartments, stated that the
last time the tenants were here, he called the Fire Underwriters
Inspector who informed him that he was very familiar with the building,
but it was necessary for him to have a written complaint. The complaint
has to be sent to the main office in New York and they will send the
inspector up for investigation.
Mrs. G. Bell, 12 Lawrence Avenue, complained about the owner of
her apartments who had knocked on her door at 9:00 in the evening and
told her to get rid of articles being stored in the hallway. She stated
that they claimed to have received a letter from the fire department
inspector that the bins be removed also,
Mrs. Bell stated that there was no other place to store her
Christmas tree, lights, etc. because of lack of closet space.
Mayor Zegarelli stated that in matters of safety and firematic
regulations, the storage material could cause a blockage to a fire exit
for egress and ingress.
Trustee Maceyak read a letter which was sent to the owners of 12
Lawrence Avenue by the building inspector regarding violations in the
building.
Mr. Page stated that notice of violations was also sent to the
management of 14 Lawrence Avenue and 255 North Broadway and he has
received no reply from them.
The matter was referred to the Village Prosecutor, John Tucciarone.
Mr. Larry Kosilla, Howard Street, complained about the ongoing
traffic problem on his street.
Mayor Zegarelli stated that a policeman was sent down at the time
of his last complaint.

*•

�^3

-*Trustee Soriano recommended a change in the flow of traffic.
He stated that a portion of property near the Quattro's property can
be acquired and we can make Continental Street two way traffic.
Mayor Zegarelli stated that he met with the County Planning
Department which indicated the traffic flow and several suggestions
were made.
Following a discussion, Mayor Zegarelli stated that a policeman
would be sent down again and that the matter will be studied by the
Village, Chief Spota and representatives from General Motors.
REPORTS OF COMMITTEES

I

ADMINISTRATION &amp; CONSTRUCTION

|

Trustee Soriano stated that he is keeping in close contact with
Mr, Turnquist on the new Village garage and its
progress. There is a
strike going on at the present time.
Trustee Soriano stated that the committee will meet with Mr.
Turnquist at the Village garage site on May 15th for a progress report
and that he will also submit his presentation on the interior of Villag
hall for space utilization.
With regard to Mr. Page's report listing violations in the Dad's
Club room on the third floor of the building, Trustee Soriano stated
that the President of the Club will be notified to eliminate the
violations.
Trustee Soriano moved, seconded by Trustee Gandolfo that action
of the committee in designating Ronald Turnquist to make a preliminary
study of the Elm Street property at the prevailing rate be confirmed
by the Board.
Carried,

Trustee Soriano moved, seconded by Trustee Lofaro that action of
the building inspector in obtaining the Thune Assoc. Consulting Engine
Company of New Canaan, Conn, for their floor inspection in Central Fill
Headquarters in the amount of $750 be confirmed and that the Mayor be 1
authorized to sign the agreement.
Carried.
FINANCE &amp; REAL ESTATE
Trustee Gandolfo reported a cash balance of $263,143.77 in the
General Fund as of May 3, 1982.

Trustee Gandolfo moy£d„ seconded ±&gt;g Trustee Lofaro that the N.Y.S.
close-out audit/Wr1"ffi?1vMre^^xSttPfefla^^reet Urban Renewal Project
NYSUR-17, in the amount of $18,817.00 be paid and that the amount be
taken out of this year's budget.
Carried,
Trustee Gandolfo stated that dredging of Fremont Pond should start
this week.
FIRE
Trustee Lofaro offered the following resolution, seconded by
TrH6tee DiFelice:

i
f

�-5-

-?/

WHEREAS Almighty God has seen fit to take unto Himself the
soul of the late Reverend Gerald Boyle, and

y

WHEREAS the said Reverend Gerald Boyle was the Pastor of St. Teresa of
Avila Church having been held in the highest esteem and affection by all
those who knew him, now, therefore, be it
RESOLVED that this Board of Trustees take official notice of
Reverend Gerald Boyle'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.
GOVERNMENTAL RELATIONS-SENIOR CITIZENS
Trustee Soriano reported that the citizens held a meeting today.
Several trips have been planned.
Trustee Soriano stated that Steve Serina is preparing a plan to
take senior citizens on trips at a cut-rate price. When plans are
finalized, they will be brought before the Board, said Trustee Soriano.
Trustee Soriano reported that cheese was distributed again to
senior citizens.
LABOR RELATIONS &amp; CONTRACTS
Trustee Lobato stated that the County is preparing to commence
negotiations with the CSEA and is asking Board members to submit to him
any items they would like considered in the new contract.
Trustee Lobato moved that the committee be authorized to write to
the CSEA for the prupose of arranging a date to commence negotiations
as well as permitting the committee to negotiate on behalf of the Village,
seconded by Trustee DiFelice.
Carried.
POLICE
Trustee DiFelice submitted the following police report for the
month of April:
(in detail official minutes)
Trustee DiFelice stated that the committee has been studying a new
system of reporting police overtime. Final report will be made at the
next meeting, he said.
Meetings have been scheduled for May 5th and 6th with each member
of the police department to discuss the new budget year, said Trustee
DiFelice.
Trustee DiFelice stated that the purchasing agent issued a purchase
order for two portable radios at $1984.00 for two, said cost to come out
of CDA funds.

�-6Trustee DiFelice stated that the street lights will be rewired
so that our Christmas lights will turn on when the regular lights go
on. This will eliminate the cost of installing timers as in the past
A five ft. snare was purchased for the dog control officer,
reported Trustee DiFelice.
Trustee DiFelice stated that a meeting will be held with County
representatives regarding bus stop signs.
Trustee DiFelice stated that he is in receipt of a memo from
Chief Spota regarding violations that still exist with the taxi cabs
and his request for an increase will be held off until such time as
the owner corrects the violations listed in the memo. He stated that
he has not produced his financial statement as yet and moved that a
letter be sent to the owner requesting same, seconded by Trustee
Maceyak,
Carried.

i

Trustee DiFelice stated that the State police were here on
Saturday weighing in fire apparatus and suggested that a letter of thar
be sent to Trooper Deshensky.
PUBLIC WORKS
Trustee Maceyak stated that the water department replaced a leaky
fire hydrant on College Avenue and repaired a cave-in on Valley Street.
Trustee Maceyak reported a balance of $21,886.98 in the water funct
as of May 3rd. The street department has repaired curbs and is
commencing sidewalk repairs. He stated that there is a problem in the
Manors wherein the past, residents were allowed to rake grass and debrit
into the curb, however, we are now attempting to stop them from this
practice and will insert regulations in the water bills requesting
residents to use containers.
)
I

Trustee Maceyak stated that he is studying the matter of a safety '
program for employees in the public works department. A letter has
been sent to our insurance company soliciting their help.
Trustee Maceyak stated that letters have been sent out to mercha
on Beekman Avenue requesting their help in cleaning their sidewalks.
RECREATION &amp; PARKS
Trustee Gandolfo gave the following report:

I
P

Two hand rails were removed from the Jack &amp; Jill equipment at
the Clinton Street playground. They were installed at 11:00 A.M. on
April 22nd and missing at 3:30 P.M. the same day.
Look for our new summer brochure which will be out on May 17th.
Some of the programs will be Life Saving course, weight lifting, concer
in the park, wrestling, racquetball camp, battle of the bands, etc.
Girls softball and Dads Club baseball commenced this past week.

�Memorial Field infield* was redone this past week by Pat's paving.
Trustee Gandolfo moved, seconded by Trustee Soriano that the Mayor
be authorized to sign the contract with Malacarne Company for the
construction of the utility garage at Memorial Field.
Carried.

i

Trustee Gandolfo stated that Tarrytown has accepted our offer
to play softball. Details will be forthcoming, she said.
Trustee Gandolfo stated that on July 10th, a parks improvement
program will be started and special days will be scheduled for the
dedication of new equipment in parks commencing with Barnhart on July 10th
The commission and Board will be invited to attend and special Olympics
will be held and refreshments will be served. The department is working
with the highway department to make the park presentable, said Trustee
Gandolfo.
Trustee Gandolfo stated that the department entered into an
:
agreement with employess of General Motors to use the ballfields, however,
there was a slight problem at the field last week during which the
;
people were asked to leave because of their drinking; after which the
police were called in. She stated that Pat Lofaro was instructed to
send a letter to their representative and advise him of our rules and
if the incident should occur again, the money that has been paid will
be forfeited and they will no longer be able to use the field.
l

Trustee Gandolfo stated that she was in receipt of a complaint
regarding the garbage bins at Peabody Field not being emptied. We have
no agreement with the school to empty these bins since there are no
programs, she said. The bins have now been emptied by the Village,
said Trustee Gandolfo and she instructed Pat Lofaro to write to Mr.
Blueglass, Supt. of Schools, that it is the responsibility of the
school district to empty the bins.
Trustee Gandolfo stated that last year, the Board met with the
Board of Education to discuss various matters and has requested that
another meeting be scheduled.
With regard to the ETPA, Trustee DiFelice suggested that residents
be informed about this hearing and that organizations and associations
be notified also.
A discussion was held as to the method of notifying residents.
Suggestions such as inserting notices in the water bills, an ad in the
local newspaper, etc. were made.
The Clerk was instructed to ascertain
the cost of an ad.
TAX EXEMPT &amp; ASSESSMENT
• I I —I.I. I

—

—

••• , „,

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••• „ „.

. •• ,

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. 1 W

Trustee Lobato informed the Board of a lawsuit by a small group
of people against the County and Town to try to recap an overpayment of
72-73 taxes. This will benefit the people of North Tarrytown.
Mt.
Pleasant over-paid about $600,000.00. Municipal lawyers of the Town
and County have moved to dismiss the lawsuit, said Trustee Lobato. He
stated that he will keep the Board posted.

�-8MAYOR'S REPORT:
Mayor Zegarelli stated that he is in receipt of the contract
with the ASPCA for the year commencing June 1, 1982 - May 31, 1983
which has been approved as to form by Counsel. The amount is the
same as last year s contract.
Trustee DiFelice moved, seconded by Trustee Lofaro that the Mayor
be authorized to sign the same.
Carried.
Mayor Zegarelli stated that a memo has been received from Counsel
Ponzini regarding the joint water project with the Village of Tarrytown,
The agreement provides that the Attorney for the project shall be
•
designated by the Village of North Tarrytown and further provides thatB
the Attorney shall be the Village Attorney. Mr. Sante Chessari, formeB
Village Attorney, has indicated to Counsel that he wishes to step downM
as Counsel for the project and allow the present Village Attorney to
continue in his place.
Mayor Zegarelli moved, seconded by Trustee Maceyak that Village
Attorney Robert J. Ponzini be appointed Attorney for the Catskill
Aqueduct Project and former Village Attorney Sante Chessari be relieved
as same.
Carried.
Mayor Zegarelli stated that he is in receipt of a letter from
the Mental Health Association requesting that the month of May be
proclaimed Mental Health Month.
Trustee Lofaro moved, seconded by Trustee Lobato that the following
resolution be adopted:
WHEREAS: Excessive mental stress is a serious and costly threat
to the overall health of the American people, affecting each of us to
some degree; and
WHEREAS: Stress can result not only in depression, anxiety, and
mental illness, but also in impairment of physical health; and
WHEREAS: Through the promotion of good mental health practices
and increased knowledge of stress, many debilitating stress-related
illnesses can be reduced or eliminated; and

m

I
^
]

WHEREAS: Rising health care costs make it even more imperative
that we pursue the goals of health promotion and the prevention of
illness.

Therefore, be it resolved that during May--Mental Health Month
Westchester citizens cooperate with the Westchester Mental Health
Association by becoming knowledgeable about ways to recognize, reduce, j
and deal with excessive stress.
Carried.

Mayor Zegarelli stated that the Town of Mt. Pleasant has requested
a replacement for Joseph Piedemonte, who resigned as North Tarrytown's j
representative on the Town of Mt. Pleasant Senior Citizens Council and
had appointed Joseph Ruscigno to fill the vacancy.

Trustee Soriano moved, seconded by Trustee Lofaro that action of i
the Mayor be confirmed.
Carried.
•

i
r

�COMMUNICATIONS
Communication from A. Triana, 144 Beekman Avenue, requesting
sidewalk repairs was read and referred to the public works committee.
Communication from Mrs. H. Weiss, 23 Pierson Avenue, requesting
sidewalk repairs was read.
Trustee Maceyak stated that the work has already been done on
her sidewalk.
Communication from President of the Central Veterans Committee,
L. Galante, inviting the Mayor and Trustees to participate in the
Memorial Day Parade and services on May 31st was read and accepted
with the thanks of the Board.
Communication from Ptl. R. Morrison, President of NTPBA stating
that members of the Police Department unanimously support the addition
of the K9 unit to the department was read and copies ordered to each
Trustee.
Commiinication from Ralph DeCarlo, Sec'y. of Fire Council, regarding
changes in personnel in Fire Patrol requesting permission of Fire Patrol
to take its apparatus to Hudson Valley Convention on June 19th, Mt.
Kisco July 16th, Ossining, August 3rd and Port Chester on Sept. 25th,
Rescue Hose Company to Montrose on August 11th and the request of Chief
Bozelli to take the Chief's car to the parades was read.
Trustee Lofaro moved, seconded by Trustee Lobato that action of
Council regarding changes in personnel be granted and that Fire Patrol
and Rescue Hose be granted permission to take their apparatus to parades
as mentioned and that Chief Bozelli be granted perm ission to take
the Chief's car to the parades.
Carried.
Mayor Zegarelli stated that he is in receipt of a letter from
Senator Mary Goodhue acknowledging his letter regarding the Senate bill
on group homes.
Mayor Zegarelli also stated that a letter has been received from
the Public Service Commission, acknowledging our letter concerning Con
Edison's request for a rate increase.
UNFINISHED BUSINESS
Mayor Zegarelli suggested that the fire committee meet with the
Fire Department Code Enforcement Team (Volunteer), once the members are
constituted, to review all procedures and a table of organization as to
the responsibilites and role of the Team and how they will work with
the Village government.
NEW BUSINESS
Trustee Soriano stated that the Village received certain funds
granted under the CDA program and moved that Mr. Doorley be complimented
for his work, seconded by Trustee Lofaro.
Carried.

�-10In connection with the street light maintenance contract,
Trustee DiFelice moved, seconded by Trustee Gandolfo that the contract
be awarded to Edward McCarthy in the amount of $6450, according to
specifications.
Carried.
In connection with the meter repair and maintenance contract,
Trustee DiFelice moved, seconded by Trustee Maceyak that the contract
be awarded to Edward Simnowski in the amount of $3900, according to
specifications.
Carried.
Mayor Zegarelli informed the Board of three Tax Certioraries
against the Village: Van Tassel Tarrytown Co., Joseph Carlisto-Frank
Chevrolet, and the College Avenue Realty Company and moved that they
be formally accepted and referred to Counsel for proper action,
seconded by Trustee Soriano.
Carried.
With regard to the public hearing on a proposed local law on
Notification of Defects, Trustee DiFelice moved, seconded by Trustee
Lofaro that the following Local Law #1 of 1982 be adopted:
(Local Law #1 of 1982 in detail official minutes)
With regard to the hearing on the proposed tree local law, the
matter was referred to Governmental Relations for further study.
With regard to a complaint about a trailer parked in a front
yard on Harwood Avenue, Trustee Gandolfo moved, seconded by Trustee
Lofaro that the matter be referred to the Village Prosecutor, John
Tucciarone.
Carried.

Counsel Ponzini stated that he attended the meeting in New Castle
regarding the McLean Cable TV company and every Village had a representative there. North Tarrytown had the least complaints, he said.
It was the request of the Supervisor that every municipality draft a
list of general complaints and specifics and forward them to her and ssh
ji
will forward a master list to the McLean Cable TV company requesting
meeting. Anyone with any suggestions are asked to let him know.
Mayor Zegarelli moved, seconded by Trustee Lobato that a public
hearing be held on May 24, 1982 regarding the ETPA. Carried.

1

Trustee Soriano moved, seconded by Trustee Lobato that the bills
submitted on the General Fund and Water &amp; Sewer warrants dated May 3, 1
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 Lobato that the same be
duly adjourned.
Carried.
Respectfully submitted,
fi^i^yC-^L '&lt;. 4. -^lyl

'ilomena Fallacaro

Clerk

�TELEPHONE

^m**&lt;^

XS^S^^^S^

(914) Ml-0800

^*U£!!Ldr
^^

c a 3

RICHARD J. SPOTA
Chief of Police

^

police department
Village of J?ortf? aCarrptoton, J i § . i059t
POLICE REPORT

APRIL

1982

(

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

:. . 92
1054
Total

1146

&gt;ersons Charged w i t h Crimes or V i o l a t i o n s :
1. V&amp;T Moving
2. V&amp;T Non-Moving
3. Assault 3rd
4. D.W.I
5. Disorderly Conduct
6. Operating with a Suspended or Revoked License
7. Criminal Mischief 4th
8. Robbery 3rd
9. Burglary 2nd
10. Unlawful Possession of Marijuana
11. Resisting Arrest
12. Obstructing Governmental Administration
13 . Trespass
14. Harassment.
15 . Reckless Enaangerment 1 st
16. Criminal Possession of a Weapon 2nd
K 7 . Criminal Possession of Marijuana 4th
||8. Criminal Possession of a Controlled Substance 7th
||9. Criminal Possession of a Hypodermic Insturment
*70. Possession of Stolen Property 3rd
21. Dog Ordinance Violations
'arking Violations:
1. Metered Parking
2. Other Parking Violations

.

Total

95
959
Total

i

30
4
3
4
9
5
2
1
1
1
2
2
4
2
1
1
1
1
1
1
92
16

1054

�&lt;P
TELEPHONE

(914) 6*1-0800

RICHARD J. SPOTA
Chief of Poltce

police department
Village of i?ortf) GTarrptoton, JJ. g. I 0 5 9 t
Investigations of
Investigations of
Investigations of
Aiding of Injured

Reported Felonies
Other Complaints
Auto Accidents
at Accidents

I

Total
Police Aided Cases:
1. Police Aid to Sick Persons
2. Ambulance Requests
3.
4. Responding to Alarms
5. Escorts
6. Arrests on Warrants
7. Missing Persons

122
27
3

328
31
28
20
3
5
1

Total

Respectfully submitted,

Riohard J vx Spota
Chief of Police

511

�(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.

Qiypt
r
•prJMix o t
Village

North Tarry town

Local Law No

of the year 198-?.

.1.

A local law ^^^.S^.^^...l!S^S^Sl
(Insert title)

Be it enacted by the

*2£LSL2S£«SS±

of the

(Newe of Legislative Body)

mrx
_,
TtaMK OI
Village

North Tarrytown

(See

. a s follows:

attached)

'(If additional space is needed, pjease attach sheets of the same size as this and number each)
Page 1

�ARTICLE I
Notification of Defects
Notification required.
Maintenance of record of notices received.
Construal of provisions; severability.
When effective.

�ARTICLE I
1.

Notification required.

No civil action shall be maintained against the Village
of North Tarrytown (hereinafter referred to as "the village") for
damages or injuries to person or property (including those arising
from the operation of bicycles and snowmobiles) sustained by reasoi
of any highway, street, crosswalk, bridge, culvert, street marking
sign or device or any other property owned, operated or maintained
by the village being defective, out of repair, unsafe, dangerous
or obstructed, unless written notice of such defective, unsafe,
dangerous or obstructed condition of such street, bridge, culvert,
highway marking, sign or device or any other property owned, operated or maintained by the village was actually given to the
Village Clerk of the village and there was a failure or neglect
within a reasonable time after the giving of such notice to repair
or remove the defect, danger or obstruction complained of; and no
such action shall be maintained for damages or injuries to persons
or property sustained solely in consequence of the existence of
snow or ice upon any highway, street, bridge, culvert or any
other property owned by the village, unless written notice thereof
specifiying the particular place, was actually given to the Village
Clerk of the village and there was a failure or neglect to cause
such snow or ice to be removed or to make the place otherwise
reasonably safe within a reasonable time after the receipt of such
notice.

�2.

Maintenance of record of notices received.

The Village Clerk of the village shall keep an index record, in a separate book, of all written notices which the Village
Clerk shall receive of the existence of a defective, unsafe, dan
gerous or obstructed condition in or upon, or of any accumulatio:
of ice and snow upon, any village street, highway, beidge, culvert
or sidewalk or any other property owned by the village, which reco
shall state the date of the receipt of the notice, the nature and
location of the condition stated to exist and the name and address
of the person from whom the -notice is received.

The record of sue

notice shall be preserved for a period of five (5) years from the
date it is received.

The Village Clerk, upon receipt of such *-i

written notice, shall immediately and in writing notify the Superintendent of Public Works of the village of the receipt of such
notice.

3.

I

Construal of provisions; severability.
A.

Nothing contained in this local law shall be held

to repeal or modify or waive any existing requirement or statute
of limitations which is applicable to these causes of action but,
on the contrary, shall be held to be additional requirements to
the rights to maintain such action; nor shall anything herein contained be held to modify any existing rule of law relative to the
question of contributory negligence nor to impose upon the village
its officers and employees any greater duty or obligations than
that it shall keep its streets, sidewalks and public places in
-2-

i

�V. I'

*•

*
I

in a reasonably safe condition for public use and travel.
0

B.

'•' .

If any clause, sentence, phrase, paragraph or

any part of this local law for any reason shall be adjudged final!
by a court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder of this loca!
law but shall be confined in its operation and effect to the clauj:
sentence, phrase, paragraph or part thereof directly involved in 1:
controversy or action in which such judgment shall have been rendered.

It is hereby declared to be the legislative intent that

the remainder of this section would have been adopted had any such
provisions not been included.
4.

When effective.

This local law shall take effect immediately upon its
passage by the Board of Trustees and at the time prescribed by
law.

-3-

r

r

�V1
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption b) local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. JL......
or the**?**

of

N

of 198.2....

v . T a r r y t o w n . w a s duly passed by the ....Mard...c&gt;.f..X r .u8t«.e.S.

XKWFffl

(Name of Legislative Body)

Village
on:.:r*P**A+....?9.

15$.?..... in accordance with the applicable provisions of law.

2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*'
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No

of 19.

County
Ci y
of the Town
'
°^

was

^ y P a s s e d by the

(Name of Legislative Body)

Village
on

19

not disapproved
and was approved
by the
repassed after disapproval

and was deemed duly adopted on
provisions of law.

19

Elective Chief E

*«cutive &lt;*««=«• *

, in accordance with the applicable

3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No

of 19

County
of the _

y

*u w "

of

was duly passed by the
(Name of Legislative Body)

on

19

not disapproved
and was approved
19.

I
if

by the

r e p a s s e d after disapproval

on

g

Elective Clnef Executive Off.cer *

Such local law was submitted to the people by reason of a

. referendum,and
received the affirmative vote of a majority
electors voting
permissive
»
J J of the qualified
~%
o
general
thereon at the special election held on
19
, in accordance with the appliannual
cable provisions of law.
4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting
referendum.)
1 hereby certify that the local law annexed hereto, designated as local law No

of 19.

County
of the

T

'

of

OWn

1 a

was duly passed by the

on
(Name of L e g i s l a t e BodO

£e
19

- not disapproved
and was approved
by the
repassed after disapproval

on
E , e c , , v e ch,ef

E«c»»*** Officer *

19
Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
19

., in accordance with the applicable provisions of la\&gt;.

'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town,
where such officer b vested with power to approve or veto local laws or ordinances.
Page 2

i

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