https://sleepyhollow.localarchives.org/files/original/6fbff271cb09e1216f92178fe36d356a.pdf b0478ac306a50c357015ee315fb2e3c6 PDF Text 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< 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 �<£3> -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 & 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 & 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 & 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, & 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 <, 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 & 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 '-& ^^^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 -& -S '.r •*• ~ * ." ,v •• K Hon. Peter J. Hopkins .•>-.};•' 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> 178 ; 1^ 9 V J*^-X.<«t«*V»f*«« *j*] V"if,c'* �£( , • 1 / 1 i TELEPHONE (914) fv* 1-0800 RICHARD J. SPOI CW«/ o/ Poltt, *. ' " i lolite Btpartment "tillage of ^ottt) GCatrptoftm, J?. §• 10591 POLICE REPORT J ' > Total Number Charged by Police: 1 . Arrested 2. Summoned • I' MARCH 1983 . Total » ' ' , I >' * '.i f ''! Persons Charged with Crimes or Violationss 1. V&T Moving 2. V&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 ^&^k^k^ „ , c. police department Wage ot ^ortli Sarrptofem, & ^. 10591 king Violations: . Metered Parking . Other Parking Violations • _ |33 ao> * Total 1196 estigation of Reported Felonies estigation of Other Complaints estigations of Auto Accidents ing of Injured at Accidents " ;r<ji) . i -^ -s ' 14 279 26 T ' . .1 i> <:»ti>. • . . . • « . 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 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-1983 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_1983-04-11 Subject The topic of the resource Board of Trustees Minutes-1983 Date A point or period of time associated with an event in the lifecycle of the resource 1983 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text