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fr

NORTH TARRY I OWN, N.Y
October 18, 19R2

PUBLIC HEARING

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

i

Stephen Maceyak
Janet Gandolfo
Peter Soriano
Joseph D. Lofaro
Mario DiFelice
Emmanuel 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.
Trustee Gandolfo moved, seconded by Trustee Lobato that the minutes
of the meetings held on September 28, 1982 and October 4, 1982 be
approved as written.
Carried.
Mayor Zegarelli at this time presented a certificate of award
to Mr. Juan Menses who has helped people become citizens of the United
States and getting people to register. He stated that Mr. Menses also
received an award from President P.eagan for his work.

{ ;'

Mayor Zegarelli called for bidson recreation equipment as follows:
Kensico Sports
White Plains, N.Y.
Bid on most items - no total price.

ii

Old Post Athletics
Larchmont, N.Y,
Bid on all items - $4,818,14
Colage Ltd. Sports
Queens Village, N.Y,
Bid on five items - no total.
Suprina's Sportland
Melville, L.I.
Bid on most items - no total.

i1'-

Tri-Carr Sports, Inc.
Scarsdale, N.Y.
Bid on most items - no total
Todd-Phelps Sporting Goods
Larchmont, N.Y.
Bid on most items - no total.

.u!

Patchogue Surgical Co.
Sayville, N.Y.
No total - bid on most items
K1 1

�Joseph McKenna (No company name given)
Bid on most items.
*

BSN Corp.
Dallas, Tex.
Bid on most items - no total.

Trustee Lofaro moved, seconded by Trustee Gandolfo that the bids
be referred to the recreation committee for review and report at the
next meeting.
Carried.
Mayor Zegarelli read the notice of hearing on a recommendation of
the Planning Board to rezone the area to the north and east running tl^
entire length of Clinton Street, from a Residential R5 District to
General Commercial C2 District and asked if there was anyone present
who would like to address the Board may do so at this time.
No one appearing for or against the proposed zoning, Trustee
DiFelice 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 may do so at this time. No
one appearing, the regular order of business resumed.
REPORTS OF COMMITTEES
ADMINISTRATION &amp; CONSTRUCTION
Trustee Soriano stated that a form has been implemented whereby
when a complaint is received, it will be forwarded to a department heat
who will note what action was taken on the complaint.
Trustee Soriano reported that an affidavit was signed against a
tenant of 79 College Avenue and will be charged with theft of services
by Con Edison.
Trustee Soriano moved, seconded by Trustee Gandolfo that Johnson
Control bill in the amount of $3,892 be paid.
Carried.
I
Trustee Soriano stated that the job is not completed as yet.
Trustee Soriano stated that the new Village garage was toured anc
we are waiting for a report from the architect,
^FINANCE &amp; REAL ESTATE
Trustee Gandolfo reported a balance of $37,800.73 in the General
Fund as of October 13th.
FIRE
Trustee Lofaro stated that a meeting will be held next week with
the fire inspectors who will commence inspecting buildings.

�-3GOVERNMENTAL RELATIONS-SENIOR CITIZENS
Trustee Soriano stated that the Village Officials' Association
recommended the adoption of a resolution regarding a sales tax.
Trustee Soriano moved, seconded by Trustee Lobato that the following
resolution be adopted:
WHEREAS sales taxes are levied in at least 49 of the 57 counties
of New York State outside of New York City, including Westchester County;
and
WHEREAS at least 38 of these 49 counties share sales tax levies with
Towns, Towns/Villages or Villages, and
WHEREAS a substantial majority of Villages and Towns State-wide
receive cash shares of a County-wide sales tax levy; and
WHEREAS Villages in Westchester are severely restricted in their
revenue base, with the property tax as their main source of revenue
consequently rising and putting a disproportionate burden on the already
high cost of housing; and
WHEREAS cities are authorized to levy, and are levying, sales taxes,
while Towns and Villages do not have that power nor a realistic hope of
obtaining it; NOW, THEREFORE, BE IT
RESOLVED that the Village of North Tarrytown in concert with other
Villages represented in the Westchester County Village Officials
Association,!. Petitions the legislators of New York State to amend
Article 29 12-62 section of the Tax Law entitled "Disposition of Revenue
from Sales and Use Taxes Imposed by Westchester County" to permit a
sales levy for Villages therein,
2. Petitions the Westchester County Board of Legislators to support
such amendment by a Home Rule measure to the State Legislature. Carried.
Trustee Soriano read a memo from the Building Inspector stating that
the County of Westchester adopted the revised Minimum Thermal Standards
(Heating and Cooling) Sanitary Code Section 21.20b minimum temperature.
He stated that where the owner furnishes the heat, the temperature shall
be maintained at not less than 6&amp;F at a distance of 18 inches above the
floor level and three ft. from an outside wall. Trustee Soriano stated
that the Building Inspector is recommending that the Board amend its
heating code in accordance with the County regulations.
Trustee Soriano moved, seconded by Trustee Maceyak that a public
hearing be held on November 15, 1982 to amend the Village Heating Code
to comply with the County regulations.
Carried,
LABOR RELATIONS
Trustee Lobato stated that he is in receipt of papers in connection
with decertification petition filed by the teamsters to decertify
Westchester Local 860 of the Civil Service Employees' Association. He
stated that the covering letter requires that the Village within seven da
must provide certain information to PERB. The Village has the right to
attend all proceedings, said Trustee Lobato.

�-4\

Trustee Lobato moved, seconded by Trustee Maceyak that the Clerk
and Treasurer be authorized to prepare the necessary information roq;jeb
and that the Village Attorney be authorized to represent the Village in
the proceedings.
Carried.
POLICE &amp; LIGHT
Trustee DiFelice stated that he received a notice to appear before
the Workman's Compensation Board Hearing Board on October 27th in the
matter of Edward Ciffone vs the Village of North Tarrytown.
Trustee Lobato moved, seconded by Trustee Maceyak that Counsel
represent Trustee DiFelice in connection with this matter. Carried.

i

Trustee DiFelice stated that auto dealers are temporarily using
Route 9 in front of the high school for car deliveries. He stated the1
no problems have arisen and residents in the area have no complaints
so long as deliveries are not made in the early morning hours.
Trustee DiFelice moved, seconded by Trustee Soriano that the area
in front of the high school, Route 9, be used for the unloading of can
for a thirty day period.
Carried.
Trustee DiFelice stated that a representive from the Westchester
County Safety and Traffic Board gave a demonstration on Child Restraint
Seat Program, Four seats were left in the event anyone would be
interested in using them for six months.
Trustee DiFelice stated that with regard to the Manual Procedure
for the Police Department prepared by Chief Spota, Counsel suggested
that we leave it in the hands of t he Police Chief.
Trustee DiFelice stated that the Town of Mt. Pleasant has approved
dog warden services to the Village, As soon as a schedule has been
prepared, Chief Spota will be contacted as to what days
the warden
will be in the Village.

i

Trustee DiFelice read a request from Chief Spota for permission f
Ptl. Patten to attend a one day seminar on Loss Prevention on Oct. 19t
at the Albany Hilton Hotel, There was no cost to the Village, except
for mileage and overtime.
Following a short discussion, Trustee Lofaro moved, seconded by
Trustee Gandolfo that permission be granted to Ptl. Patten to attend
the seminar at the Albany Hilton Hotel on October 19, 1982 if the date
can be properly scheduled so as not to interfere with normal work
schedules, mileage will be paid for by the Village.
Carried.
Trustee DiFelice read a letter from Phelps Memorial Hospital
expressing appreciation to Ptl. Ferguson &amp; Sgt. Hayward for their aid
during a recent crisis at the hospital. Copies will be placed in their
folders.
Trustee DiFelice stated that a letter was received from Rosary Hill
thanking the PBA for their donation of $1225 from proceeds collected fro
the softball game between the two police departments.

i

�Trustee DiFelice stated that in connection with the pavement
marking program of several years' ago, Mr. Lampert is requesting 20%
of what the original award was from the State. He stated that he is
owed $851,96.
It was the consensus that Mr, Lampert be paid what was allowed by
the State, after which he could submit another voucher for the additional
amount he is claiming.
Trustee DiFelice moved that a letter be written to the D.O.T.
requesting that the speed limit be reduced on Route 9; parking be
restored on St. Paul's Hill and that the line be placed back in the
center of Route 9, seconded by Trustee Soriano.
Carried.
Trustee DiFelice suggested that the Traffic &amp; Transportation
Committee review the matter of a bypass from the General Motors plant
to the N.Y.S. Thruway. He stated that General Motors is seeking a tax
relief and one of the problems is the traffic situation, said Trustee
DiFelice.
Trustee DiFelice read a letter from Noel James, police K9
instructor, stating that Officer Schrank can now use his dog on patrol
duty. The final fee for the training services was paid in the amount
of $1100, he said. To date, the amount of $4076 has been paid for
expenses incurred for the K9 dogs, he said.
Trustee Maceyak' moved that a letter of congratulations be sent to
Ptl. Schrank, seconded by Trustee Lobato.
Carried.
Trustee Soriano stated that he observed Ptl. Schrank with the dog
and he had the dog under complete control.
PUBLIC WORKS
Trustee Maceyak reported that the water department repaired a
water main on Clinton Street and also a leaking hydrant. The flushing of
hydrants is progressing, he said.
Trustee Maceyak reported a balance of $42,782.77 in the water and
sewer account.
The sidewalk program is almost completed, reported Trustee Maceyak.
Trustee Maceyak reported that the Elm Street lot is just about
completed. He stated that he was in contact with the Youth Employment
Division of the Sleepy Hollow High School. Two students are attending
school for body and fejjler work and they will be interviewed by the
committee for future work in the public works deparment. Trustee Maceyak
stated that he would supervise them at the garage so that there would be
no overtime for the regular employees.
RECREATION &amp; PARKS
Trustee Gandolfo reported that 817o of the fall and winter programs
offered have enough registrants. Programs still open are racquetball,
typing, ceramics, tennis, etc.

�-6Trustee Gandolfo stated that the North Tarrytown Recreation is
co-sponsoring a Halloween Costume Party with the Tarrytown Recreation
on October 29th in the Washington Irving Junior High School gym.
Trustee Gandolfo requested that the water department turn off
the water in the parks.
TAX EXEMPT &amp; ASSESSMENT
Trustee Lobato discussed the proposed gift that the Rockefeller
Family is donating to the State for parks, He stated that this will
take additional land off our tax rolls. He sought to obtain some
estimates on, not only what the initial impact would be over the year
but what the future impact would be over the years. According to the
detailed maps submitted „by the surveyor, said Trustee Lobato, no acr
figures have been compiled, as yet, only the total acreage.
A discussion ensued during which Trustee Gandolfo inquired of
Counsel as to what official action the Village would have to take.

J

Counsel stated that with respect to any park land given to the
State, any local zoning ordinances are pre-empted by the State of Law
according to 9.0.4, Anderson on Zoning,
Trustee Gandolfo requested a written opinion of Counsel to which
he agreed to issue the same,
With respect to any gift given to the Restoration or private grouj
said Counsel, if it is residential, it must be rezoned or a variance
granted by the North Tarrytown Zoning Board of Appeals.
Trustee DiFelice moved, seconded by Trustee Gandolfo that a public
hearing be held in North Tarrytown to discuss the proposed gift by the
Rockefeller estate to the State,
Trustee Lobato moved to table the motion, seconded by Trustee
Lofaro.

On the motion to table, Mayor Zegarelli polled the Board as foil]
Trustee Maceyak - Yes
Gandolfo - No
"
Soriano - Yes
Mayor Zegarelli voted "Yes".

Trustee Lofaro - Yes
"
DiFelice - No
"
Lobato
- Yes

MAYOR'S REPORT
Mayor Zegarelli noted a letter from the Village Officials' Assoc,
regarding the closing of bars at 4 A.M. which is being adopted by
municipalities. "We'will be reviewing it.

Mayor Zegarelli read a memo from the building inspector regarding
violations in the Day Care Center located in Morse School. He stated!
Mr. Page was to review the violations and if they were still there, th
should be appropriately summoned. He stated that the Day Care Center
was continually using the facility in violation of the N.Y.S. Fire
Prevention Code.

••

�-7-

^

Mayor Zegarelli stated that who ever has the jurisdiction,
building inspector or fire chief should go ahead and issue the summons.
Mayor Zegarelli noted a copy of a resolution adopted by the Mt.
Vernon City Council for the establishment of a County Utility Agency.
The matter would be taken up under Unfinished business.
COMMUNICATIONS
Communication from Maria Eddy, Acting Secretary of the Christ
Church Fall Fair, requesting permission to erect a sign in the parking lot
on Broadway was read.
Trustee Maceyak moved, seconded by Trustee Gandolfo that permission
be granted.
Carried.
Communication from the Cuban Club of the Tarrytowns requesting
permission to hold dances on October 30th and December 31st at 45 Beekman
Avenue was read.
Mayor Zegarelli moved, seconded by Trustee Maceyak that permission be
granted and police notified of same. .Carried.
Communication from Berkely R.ice, 265 Hunter Avenue, requesting the
removal of a tree which was damaged by lightning and which is on the
border line of his property and the Village's.
The letter was referred to the public works committee and
Environmental Committee.
Communication from Rita Morabito, 170 Cortlandt Street, requesting
a yearly permit to hold dances at the Eagles Hall on Thursdays and
Saturdays was read and on motion of Trustee Maceyak, seconded by Trustee
Lobato permission was granted.
Carried,
Communication from Sgt, Stephen Kostelny tendering his retirement
from the police force effective December 1, 1982 was read.
Trustee Soriano moved, seconded by Trustee Lofaro that his letter
of retirement be accepted with regret with the thanks of the Board for
his years of service devoted to the Village.
Carried.
UNFINISHED BUSINESS
With regard to the public hearing on Clinton Street, Trustee
Gandolfo moved, seconded by Trustee Lofaro that, that area to the north
and east of Clinton Street and running the entire length of Clinton Street
be resolved from Residential R5 District to General Commercial C2 District
Carried.
Trustee Soriano stated that he submitted an application for a grant
to restore the Philipse Manor Station but has been told that no grants
are available and suggested that the^layor contact the Presidents of the
PMIA and SHMTA to ask Association members their interest in the project.
After discussion of the resolution adopted by the City of Mt.
Vernon regarding a County Utility Agency, Trustee Lobato moved, seconded
by Trustee Maceyak that the following resolution be adopted:

�-8WHEREAS, the residents of the County of Westchester pay the highc
electric rates in the nation; and
WHEREAS, these high utility rates have caused many local businessi
and industries to relocate to areas where cheaper power is readily
available; and
WHEREAS, this loss of business and industry has resulted in the
diminution of the tax base of many municipalities in Westchester and t!
loss of employment for residents; and
WHEREAS, the high utility rates have been a great burden to iridic
dual taxpayer in terms of increased cost of consumer goods and servic
and
WHEREAS, in March of 1982, the voters of Westchester County, by a
five to one margin, passed a referendum which called for the creation (
a County Utility Agency to purchase hydroelectric power which would al]
Westchester County residents to pay cheaper electrical rates; and
WHEREAS, despite this mandate from the voters, the County Board of
Legislators has failed to take any action to establish this agency; ant
WHEREAS, the Village of North Tarrytown believes that the establis
ment of a County Utility Agency is necessary for the economic improves
of the Village of North Tarrytown as well as the County; and
WHEREAS, the Village of North Tarrytown desires that the County
Board of Legislators enact the legistion to create the Countv Utility
Agency; NOW, THEREFORE, be it
RESOLVED that the Village of North Tarrytown does hereby request
the County Board of Legislators to enact the necessary legislation to
create the County Utility Agency; and be it further
RESOLVED, that the Village Clerk be and hereby is authorized and
directed to convey this resolution to each member of the County Board 1
Legislators and to County Executive Alfred B. DelBello. Carried.
I
Trustee Maceyak requested a meeting with the Village Prosecutor
for an update on 12-14 Lawrence Avenue. He expressed his disappointmen
with members of the Zoning Board who did not appear for a meeting, with
the exeption of Mr, Ruane,
NEW BUSINESS
Counsel stated that he is in receipt of a letter from an insurance
company regarding an accident by the Assistant Chief, L. Kosilla, and t
insured.
They have indicated in their letter that our driver was guil
of contributory negligence and would be willing to pay for 50% of our
property loss, In speaking with our insurance carrier, he stated that
the Clerk was told by our company to accept their offer.
Following a short discussion, the matter was referred
work session.

to the

Trustee Maceyak moved, seconded by Trustee Gandolfo that the Mayor
be authorized to sign the agreement with the County Dept. of Public
Works and the Village for snow removal on County roads, fott?, 1982-83.
Carried.
I

r
*»

�9«

Trustee Maceyak moved, seconded by Trustee Lobato that a public
hearing be held on November 15, 1982 to extend the no parking &lt;*n
additional 23 ft. at the northwest and southwest corner of Pocanlico
Street and Elm Street and at the southwest corner of Cortlandt Street
and Beekman Avenue.
Carried.
Trustee Maceyak moved, seconded by Trustee Gandolfo that the
meeting nights be changed to the second and fourth Mondays of each
month, effective December.
Motion carried while Trustee DiFelice voted "No".

I

Trustee Maceyak moved, seconded by
submitted on the General Fund and Water
October 18, 1982 be paid after approval
the Treasurer be authorized to pay same
be attached to the warrants.
Carried.

Trustee Lofaro that the bills
6c Sewer warrants dated
by department heads and that
and that a copy of this resolution

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

Respectfully submitted,
^^OC^L^c^UtJ

Filomena Fallacaro
Clerk

i

i

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